Intro_continental_legal_science [Unlocked]

the first 24 books of the Digest of Justinian, called the 'oldest' as the earliest known part of the Digest in Bologna.

DIVISION <де ле ние> the action of separating something into parts, or the process of being. In logic it is the action of dividing a wider class into two or more subclasses.

DOCTRINE <до к тр ина> A principle, especially a legal principle, that is widely adhered to.

DOGMA (IN LAW) <до г ма> 1. A philosophy, opinion, or tenet that is strongly held, is believed to be authoritative, and is followed steadfastly, usually to the exclusion of other approaches to the same subject matter; a formally stated and proclaimed doctrine of faith. 2. a synonym of ‘doctrine’ or ‘legal science’ in Russian academic literature (especially, pre-revolutionary publications).

DOGMATICS <до г матик а> a system of principles laid down by an authority (e.g. the Roman Catholic Church) as incontrovertibly true.

DOMINIUM (in Latin) <со бств е нно>стьAbsolute ownership including the right to possession and use; a right of control over property that the holder might retain or transfer at pleasure. Dominium was subject to any servitudes, planning restrictions, etc. This term gradually came to also mean merely ownership of property, as distinguished from the (limited) right to possession or use of things.

DOMINIUM DIRECTUM <пр я мая со бств е нно>стьIn medieval, mostly feudal law, the right of the superior of land over a tenant given to his vassal.

DOMINIUM UTILE <о по ср е до в аннаясо бств е нно>стьIn medieval, mostly feudal law, the right of a vassal to possess and benefit from a plot of land received from the superior landowner on conditions of hommage and allegiance.

DOMINUS <хо зя ин> 1. An (absolute) owner of a thing or inheritance. 2. The title of the emperor in the later Roman empire. 3. A lord; a

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feudal superior. 4. A medieval title of distinction usually given to a knight, a clergyman, a lord of a manor, or a university professor.

ECUMENICAL <в се ле нск> ийGeneral; universal.

ELEGANT SCHOOL <эле г антнаяшк о ла> or the Roman-Dutch school was the national Dutch legal school of the 16th to early 19th centuries, known for its 'elegant' interpretation of Roman law (or rather the ius commune) to merge it with legal concepts taken from traditional Dutch feudal customary law and to make it fit to the realities of the independent republic of the Netherlands. The resulting mixture was predominantly Roman, but it contained some typically Dutch features; hence, its name — the Roman-Dutch law. The school included Hugo Grotius, Johannes Voet, Ulrich Huber, Noodt, van de Sande, and many others.

EMPTIO (et) VENDITIO (in Latin, buying and selling) <к упляпр о дажа> a contract of sale, an agreement to transfer a property title for a price.

ENLIGHTENMENT <Пр о св е ще>ниеa European intellectual movement of the late 17th and 18th centuries emphasizing reason and individualism rather than tradition. It was heavily influenced by 17thcentury philosophers such as Descartes, Locke, and Newton, and its prominent exponents include Kant, Goethe, Voltaire, and Rousseau.

EVIDENCE <св иде те ль ств, поодтв е р жде ние> 1. Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact. 2. The collective mass of things, especially testimony and exhibits, presented before a court in a given dispute.3. The body of law regulating the admissibility of what is offered as proof into the record of a legal proceeding.

EX SILENTIO (in Latin, 'from silence') <из умо лчания> An argument from silence i.e., based on the absence of express evidence to the contrary.

EXEGESIS <эк зе г е> заa critical explanation or interpretation of a text, 261

especially a religious or an authoritative.

FIEF <фе о д> A feudal estate, a large area of land that was ruled over by a lord in medieval times.

FRENCH SCHOOL OF EXEGESIS <фр анц узск ая шк о ла эк зе г е>зыFrench legal positivists of the 19th century who limited their academic efforts to interpretation of the Code of Napoleon and the relevant legislation, mainly because they identified law with statutes.

GERMAN COMMON LAW (Gemeines Recht) <не ме ц к оо ебще е пр ав о>, a nationalised version of the ius commune in Germany in the 17th to 19th centuries, mainly created by the scholars of usus modernus pandectarum.

GERMAN HISTORICAL SCHOOL <не ме ц к аяисто р иче ск ая шк о лапр ав а> in the academic debats of the 19th century Germany, the intellectual movement which advocated the study of historical background (documents, doctrines, facts) of German law as a necessary means to discover its true national foundations (called 'People's Spirit'); in doing so, it criticised the previous movement of Natural Law for its efforts to present law as a result of arbitrary will of the universal Reason. The founding fathers of the school were Gustav Hugo and Friedrich Savigny.

GERMANIC FAMILY OF LEGAL SYSTEMS <г е р манск ваяе тв ь пр ав о в осей мь >и refers to legal systems developmed under the strong influence of German legal science (especially the Pandectists) and legislation (such as Austria, Switzerland), as opposed to the legal systems within the French sphere of influence with the Code of Napoleon as the model for codification.

GERMANISTS <г е р манисты> in the academic debats of the 19th century Germany, those legal scholars who advocated the intensified study of German legal history and considered Roman law as foreign and unsuitable for Germany.

GLOSS <г ло сса> 1. A note inserted between the lines or in the margin 262

of a text to explain a difficult or obscure word in the text. 2. A collection of explanations; a glossary. The principal literary form of the glossators.

GLOSSATORS <г ло ссато >р ыA group of Italian legal scholars in Bologna who, from the late 11th to the mid-13th centuries, were responsible for the revival of the study of Roman law in Western Europe. They originally worked by glossing (i.e. explaining in the margin) difficult or unclear passages, and gradually their writings blossomed into advanced commentaries and discussions. Starting with Irnerius the school reached its peak with the works of Azo and Accursius in the first half of the 13th century. Glossators are credited with laying the foundations of the whole western legal science by establishing the corpus of the authoritative legal texts, the methods of its interpretation, and the manner of university teaching. This school was immediately followed by the Commentators.

GOSPELS <Ев анг е лие> 1. the teaching or revelation of Christ 2. the record of Jesus' life and teaching in the first four books of the New Testament.

GREAT GLOSS (or STANDARD GLOSS, or GLOSS OF ACCURSIUS, in Latin, Glossa ordinaria, Glossa magna) <Бо ль шая г ло сса, Ор динар ная г ло сса> the gloss to the Corpus juris civilis written in the mid-13th century by Franciscus Accursius, the most prominent and the last known glossator at Bologna university. His Gloss became the ultimate reference work for all legal scholars and students of the ius commune.

GREAT REFORMS <эпо ха в е лик ихр е фо р>мthe crucial period of modernisation of the Russian Empire (from 1860s to 1870s) under Tsar Alexander II (1855–1881); during this period the Russian government abolished serfdom, restructured courts, established institutions of local self-government in most parts of the Empire, eased censorship rules for the press, and replaced the serf armed forces with the military service.

HOLY ROMAN EMPIRE <Св я ще ннаяРимск ая импе р ия> was a 263

multi-ethnic complex of territories in Central Europe that developed during the Middle Ages (from 962), conceived as the direct continuation of the Roman Empire of the antiquity, until its dissolution in 1806. The core and largest territory of the empire was the Kingdom of Germany, though it included at times the Kingdom of Italy, the Kingdom of Bohemia, and the Kingdom of Burgundy, as well as numerous other territories.

HOLY WRIT, OR HOLY SCRIPTURE <Св я ще ннописание> the Bible or, by analogy, a text of the greatest authority; writings or sayings of unchallenged authority. the Christian scriptures, consisting of the 66 books of the Old and New Testaments.

HOMOLOGATION <о фиц иаль но,е суде бно е пр изнание> (to homologate) Confirmation, especially of a court granting its approval to some action.

HUMANISM <эпо ха г уманизма> a Renaissance cultural movement of the 15th and 16th centuries Europe that turned away from medieval scholasticism and revived interest in ancient Greek and Roman thought.

HUMANITIES <г уманитар ные наук и> learning or literature concerned with human culture and society, especially literature, history, art, music, and philosophy, as opposed to the ('hard') science (such as physics, biology, chemistry) aiming at studying natural phenomena.

IMPERIAL SUPREME COURT (Reichskammergericht in German) <Импе р ск ий к аме р аль ный суд> the highest judicial institution of the Holy Roman Empire, established in 1495.

INSIGNIA (in Latin) <симв о лыв ласти> a symbol of power, status, or office.

INSTITUTES OF JUSTINIAN <Институц ии Юстиниана > An elementary treatise on Roman law in four books compiled by two Byzantine law professors (Theophilus and Dorotheus) by A.D. 533. In the Middle Ages this treatise became one of the four component parts of the Corpus Juris Civilis. Because of its clarity both in style and

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systematic arrangement of legal institutes, it proved to be one of the most influential legal treatises in the Western legal tradition. It provided the background for the so-called institutional three-fold division of civil law into provisions regarding persons, things, and obligations (implemented first in the Code of Napoleon of 1804), but it totally lacked the general part of civil law developed by the Pandectists and implemented in the German civil code of 1896.

INTER ALIA (in Latin) <ме жду пр о чим> 'among other things'.

INTESTATE <бе ззав е щания> a person who has died without having made his last will, a testament.

IPSO FACTO {in Latin) <в силу само г офак та > "by the fact itself", by the very nature of the situation.

IUDEX (In Latin) <судь я> 1. A private person appointed by a praetor or other magistrate to hear and decide a case. The Roman judex was originally drawn from a panel of qualified persons of standing but was later himself a magistrate. 2. In Roman and civil law, a judge.

IUDICIUM (in Latin) <р е ше ние> 1. A judgment. 2. A judicial proceeding; a trial. 3. A court or tribunal.

IUS COMMUNE (in Latin) <о бще епр ав о> The shared law of much of continental Western Europe during the Middle Ages, consisting of a blend of canon law and rediscovered Roman law.

IUS DIVINUM (in Latin, 'divine law') <бо же ств е ннопреав о> Law that emanates from a supernatural source, such as a deity.

IUS PATRIUM (in Latin) <нац ио наль нопре ав о> 'national law', meaning general law of a centralised kingdom or principality, as opposed to regional and local laws (ius proprium) or transnational law (ius commune).

Europe.

IUS SCRIPTUM (in Latin, 'written law') <писано епр ав о> any positive statutory law, together with constitutions and treaties, as opposed to unwritten natural law, or oral customs, or judge-made law.

JUDGE-MADE LAW <суде йск опре ав о> 1. The law established by judicial precedent rather than by statute. 2. The law that results when judges construe statutes contrary to legislative intent.

JUDICIAL DECISION-MAKING (ADJUDICATION) <пр иня тие суде бно г рое ше ния> 1. The legal process of resolving a dispute, a case, brought before a court of law. 2. An official judgment or decision about a legal case.

JUDICIARY DUEL A суде бный по е дино>кA trial that is decided by personal battle between the disputants, common in Europe and England during the Middle Ages; specifically, a trial in which the person accused fought with the accuser, the idea being that God would give victory to the person in the right . This method was introduced into England by the Normans after 1066, but it was a widely detested innovation and was little used. It became obsolete several centuries before being formally abolished in1818, having been replaced in practice by the grand assize and indictment.

JURISPRUDENCE <юр испр уде нц ия> 1. Originally (in the 18th century), the study of the first principles of the law of nature, the civil law, and the law of nations. Also termed jurisprudentia naturalis 2. The study of the general or fundamental elements of a particular legal system, as opposed to its practical and concrete details. 3. The study of legal systems in general. 4. Judicial precedents considered collectively. 5. In German literature, the whole of legal knowledge. 6. A system, body, or division of law.

JURISPRUDENCE OF CONCEPTS (BEGRIFFSJURISPRUDENZ) <юр испр уде нц ия по нятий> an intellectual movement of legal positivism in the 19th century Germany,

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advocating that the written law must reflect the pyramid, or the hierarchy of concepts; this pyramid, in turn, should be the result of scientific interpretation, or legal dogma, based on the strict rules of formal logic instead of abstract natural law or metaphysics. Its main representatives were Georg Puchta and late Friedrich Savigny. It is closely associated with the Pandectism.

JURIST <юр ист> a person learned in the law, a specialist in jurisprudence who has thorough knowledge of the law (also 'learned jurist' as opposed to practically trained lawyers and judges in english common law).

KIEVAN RUS <Кие в ск аяРусь> A medieval Slavic state that was the forerunner of Russia. Centered around the city of Kiev, it included most of present-day Ukraine and Belarus and part of northwest Russia. Kievan power and influence grew steadily through the 10th and 11th century, but was later weakened by internal disputes and fell to the Mongols by 1240.

LATE SCHOLASTICISM <по здня я схо ластик>а see SECOND SCHOLASTICISM.

LAW OF NATIONS <ме ждунар о дно епр ав о> The legal system governing the relationships between nations; more modernly, the law of international relations, embracing not only nations but also such participants as international organizations and individuals.

LAW OF REASON <пр ав о р азума > the natural law ideology developed during the age of great discoveries in 'hard' sciences (the 'Scientific Revolution' of the 17th century); its main representatives in the 17th and 18th centuries (Grotius, Domat, Pufendorf, Thomasius, Pothier, Wolff) sought to deduce all legal rules from a set of universally applicable and valid principles ('natural law') by means of Reason. Hence, the title of the movement. This secular Law of Reason differs from the medieval natural law theory which was inspired by the Christian theology.

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LAW-MAKING (LEGISLATION) <зак о но дате ль ств> о1. The process of making or enacting a positive law in written form, according to some type of formal procedure, by a branch of government constituted to perform this process. 2. The law so enacted. 3. The whole body of enacted laws.

LECTURAE (in Latin, readings) <ле к ц ии> 1. lectures in the form of readings of legal texts, as practiced in medieval universities, 2. a genre of didactic literature that builds on such lectures or readings.

LEGAL HISTORY <исто р ияпр ав а> is a branch of legal studies focused on how and why law evolved over time.

LEGAL HUMANISM <юр идиче ск ий г уманизм> see MOS GALLICUS.

LEGAL NIHILISM <пр ав о в онигй илизм> A doctrine maintaining that there is no rational justification for moral principles and that there is no objective truth.

LEGAL POSITIVISM <юр идиче ск ийпо зитив изм> The theory that legal rules are valid only because they are enacted by an existing political authority or accepted as binding in a given society, not because they are grounded in morality or in natural law.

LEGAL SCHOOL <пр ав о в аяшк о ла> an intellectual movement within the Western legal science, a group of legal scholars sharing the same or similar goals, basic assumptions, language, and methods of interpreting and conceptualising law and its institutions.

LEGAL SCIENCE (AS COMMUNITY) <пр ав о в аянаук а> a community of legal scholars organised in law faculties and research institutions; academics who professionally occupy oneselves with research in matters of law.

LEGAL SCIENCE (AS DOCTRINE) <пр ав о в аянаук а> The field of study that, as one of the social sciences, deals with the institutions and principles that particular societies have developed (1) for defining the claims and liabilities of persons against one another in various

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circumstances, and (2) for peaceably resolving disputes and controversies in accordance with principles accepted as fair and right in the particular community at a given time.

LEGAL TRANSPLANT <пр ав о в о трй ансплант> in the English literature this term implies borrowing or receiving of a foreign legal rule, a concept, or an institute in another country; the term was forged by Allan Watson who consideres transplantation to be the most fertile source of legal development in history.

LEGIST <ле г ист> 1. One learned or skilled in the law; a lawyer. 2. JURIST. - Formerly also termed legister.

canonical epistles collected by Raymond of Pefiaforte in 1234 by order of pope Gregory IX

LIBER SEXTUS (in Latin) <ше стаяк ниг>аthe title of the canonical collection compiled under order of Boniface VIII by Guillaume de Mandagot, Bishop of Embrun, Berenger Fredoli, Bishop of Beziers, and Ricardo Petroni, of Siena, vice-chancellor of the pope, by whom it was approved as an authentic and official collection in the Bull "Sacrosanctae" of March 3, 1298.

LIBRI LEGALES (in Latin, 'legal books') <пр ав о в аыек ниг >иa name given to the Corpus iuris civilis by the Glossators, meaning the full collection of legal texts of authority for those who studied and taught civil law.

LITIGANT <тя жущийся> A party to a lawsuit in a court.

LITIGATION <суде бныйпр о ц е >ссthe process of carrying on a lawsuit.

LO CODI (in Provençal) <Ко де к>с An early summa of books 1–9 of Justinian’s Code, in Old Occitan (Old Provençal), later translated into