Lat. In Roman law. Right; justice; law; the whole body of law; also a right. The term is used in two meanings: 1. “Jus” means “law,” considered in the abstract; that is, as distinguished from any specific enactment, the science or department of learning, or quasi personified factor in human history or conduct or social development which we call, in a general sense, “the law.” Or it means the law taken as a system, an aggregate, a whole; “the sum total of a number of individual laws taken together.” Or It may designate some one particular system or body of particular laws; as In the phrases “jus civile” “jus gentium,” “jus prwtorium.” 2. In a second sense, “jus” signifles “a right;” that is, a power, privilege, faculty, or demand inherent in one person and incident upon another; or a capacity residing in one person of controlling, with the assent and assistance of the state, the actions of another. This is its meaning in the expressions “jus in rem,” “jus accrescendi,” “jus possessionis.” It is thus seen to possess the same ambiguity as the words “droit,” “recht,” and “right” (which see.) Within the meaning of the maxim that “ignorantia juris non exousat” (ignorance of the law is no excuse), the word “jus” is used to denote the general law or ordinary law of the land, and not a private right. Churchill v. Bradley, 58 Vt 403. 5 Atl. 189, 56 Am. Rep. 563; Cooper v. Fibbs, L. R. 2 H. L. 149; Freichnecht v. Meyer, 39 N. J. Eq. 561. The continental jurists seek to avoid this ambiguity in the use of the word “jus,” by calling its former signification “objective,” and the latter meaning “subjective.” Thus Mackeldey (Rom. Law, f 2) says: “The laws of the first kind [compulsory or positive laws] form law [jus] in its objective sense, [jus est norma agendi, law is a rule of conduct] The possibility resulting from law in this sense to do or require another to do is law in its subjective sense, [jus est facu as agendi, law is a license to act] The voluntary action of man In conformity with the precepts of law is called ‘justice/ {justitia.]” Some further meanings of the word are: An action. Bract, fol. 3. Or, rather, those proceedings in the Roman action which were conducted before the praetor. Power or authority. Sui juris, in one’s own power; independent. Inst. 1, 8, pr.; Bract, fol. 3. Alieni juris, under another’s power. Inst. 1, 8, pr. The profession (ars) or practice of the law. ,tns ponitur pro ipsa arte. Bract fol. 26. A court or judicial tribunal, (locus in quo redditur jus.) Id. fol. 3.
For various compound and descriptive terms, see the following titles beginning with “jus.” :