• Ask a Legal Question
  • Submit Article
  • Law Dictionary
  • My Account
  • FAQ
  • Contact Us
  • Support
  • Site Search
Login or Sign up

The Law Dictionary

  • Home
  • Law Forum
  • Law Guide
  • Law Journal
  • Lawyers
  • Legal Forms & Files
  • Inbox
  • Alerts
Home » Law Dictionary » J » JUS

JUS

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

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.” :

Related Posts:

  • ROMAN LAW
  • LEGISLATIVE
  • ANTHROPOMETRY
  • LAW
  • RECHT
  • BERTILLON SYSTEM

Filed Under: J

Add a New Legal Term

Can't find the legal word, term, phrase or abbreviation that you're seeking in our dictionary? Add or request a definition by filling out the short form below!

Add Dictionary Term
Sending

Law Dictionary & Guide App

Law App

Law App

Pro Law App

Pro Law App


  Over 2,000 Five Star Ratings

  •   Black's Law Dictionary 2nd Ed.
  •   Free: 14,000+ legal terms, Pro: 23,000+
  •   Law Guide & Law Journal
  •   Ask Questions & Get Answers
  •   Law Library & Lawyer Directory
  • Free Attorney Case Review

    Free legal consultation with a lawyer

    • About
    • FAQ
    • Contact
    • Disclaimer
    • Privacy
    • Legal Terms
    • Editorial Guidelines
    • © 1995 – 2016 TheLaw.com LLC
    Legal Disclaimer: The content appearing on our website is for general information purposes only. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. The law is also subject to change from time to time and legal statutes and regulations vary between states. It is possible that the law may not apply to you and may have changed from the time a post was made. All information available on our site is available on an "AS-IS" basis. It is not a substitute for professional legal assistance. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising.
    © Copyright 1995 - 2015 TheLaw.com LLC. All Rights Reserved
    Go to mobile version