Jus Ex Non Scripto

Law constituted by custom or such usage as indicates the tacit consent of the community. The definition of Ulplan was: “Diutuma consuetudo pro jure et lege in his qua non ex scripto descendunt, observari solet D. 1, 8, 83. This Is well, though freely, translated thus; “Whatever has existed for a long period of time, and Is in harmony with the moral Judgment of the communify Is regarded as having the force of law, and the Judicial authority Is bound to recognize It as such, even though it has never been expressed in a legal enact* ment.’’ Morey, Rom. L. 223. The same author says with respect to such law: "It was also a maxim of the Romans, that not only can laws be established by custom; they can also be abrogated by custom— that is, by contrary usage. It is unnecessary to consider here the objections raised by some modern Jurists, such as Austin, to this view of customary, or unwritten law. It is enough for our present purpose to say that this was the conception of the Roman Jurists regarding the origin of a portion of the positive law, and a conception which has been adopted by the majority of modern civilians;’’ Id. Another phrase by which- this law was known was jus moribus conatitutum. See Law. JUS FECIALE (Lat). In Roman Law. Fecial law. It has been termed that branch of International law which had its foundation in the religious belief of different nations: such as the international lave which now exists among the Christian people of Europe. Savigny, Dr. Rom. c. 2, S H- But the earlier writers on the civil law gave to it more of a characterization as international law than It related toi rales and ceremonies or modes of procedure for declarations of ^ar and ratifications of treaties of peace. The subject was entrusted to a college of priests, who were, however, the mere agents of the state. Hershey, Int. L. 43. JUS FIDUCIARUM (Lat.). In Civil Law. A right to something held In trust. For this there was a remedy In conscience. 2 Bla. Com. 328. See Fidei Commissum.