law 音標拼音: [l'ɔ] [l'ɑ]
n .
C 法律,法令;
U 法律;
C 法則,規律,定律;法學,法律知識;司法界,律師行業;訴訟
C 法律,法令;
U 法律;
C 法則,規律,定律;法學,法律知識;司法界,律師行業;訴訟
law 法律
law 定律 法律
law n 1 :
the collection of rules imposed by authority ; "
civilization presupposes respect for the law "; "
the great problem for jurisprudence to allow freedom while enforcing order " [
synonym :
{
law }, {
jurisprudence }]
2 :
legal document setting forth rules governing a particular kind of activity ; "
there is a law against kidnapping "
3 :
a rule or body of rules of conduct inherent in human nature and essential to or binding upon human society [
synonym : {
law },
{
natural law }]
4 :
a generalization that describes recurring facts or events in nature ; "
the laws of thermodynamics " [
synonym : {
law }, {
law of nature }]
5 :
the branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do [
synonym : {
jurisprudence }, {
law }, {
legal philosophy }]
6 :
the learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system ;
"
he studied law at Yale " [
synonym : {
law }, {
practice of law }]
7 :
the force of policemen and officers ; "
the law came looking for him " [
synonym : {
police }, {
police force }, {
constabulary },
{
law }]
Law \
Law \ (
l [
add ]),
n . [
OE .
lawe ,
laghe ,
AS .
lagu ,
from the root of E .
lie :
akin to OS .
lag ,
Icel .
l ["
o ]
g ,
Sw .
lag ,
Dan .
lov ;
cf .
L .
lex ,
E .
legal .
A law is that which is laid ,
set ,
or fixed ;
like statute ,
fr .
L .
statuere to make to stand .
See {
Lie }
to be prostrate .]
1 .
In general ,
a rule of being or of conduct ,
established by an authority able to enforce its will ;
a controlling regulation ;
the mode or order according to which an agent or a power acts .
[
1913 Webster ]
Note :
A law may be universal or particular ,
written or unwritten ,
published or secret .
From the nature of the highest laws a degree of permanency or stability is always implied ;
but the power which makes a law ,
or a superior power ,
may annul or change it .
[
1913 Webster ]
These are the statutes and judgments and laws ,
which the Lord made . --
Lev .
xxvi .
46 .
[
1913 Webster ]
The law of thy God ,
and the law of the King .
--
Ezra vii .
26 .
[
1913 Webster ]
As if they would confine the Interminable . . .
Who made our laws to bind us ,
not himself .
--
Milton .
[
1913 Webster ]
His mind his kingdom ,
and his will his law .
--
Cowper .
[
1913 Webster ]
2 .
In morals :
The will of God as the rule for the disposition and conduct of all responsible beings toward him and toward each other ;
a rule of living ,
conformable to righteousness ;
the rule of action as obligatory on the conscience or moral nature .
[
1913 Webster ]
3 .
The Jewish or Mosaic code ,
and that part of Scripture where it is written ,
in distinction from the {
gospel };
hence ,
also ,
the Old Testament .
Specifically :
the first five books of the bible ,
called also {
Torah }, {
Pentatech },
or {
Law of Moses }.
[
1913 Webster PJC ]
What things soever the law saith ,
it saith to them who are under the law . . .
But now the righteousness of God without the law is manifested ,
being witnessed by the law and the prophets . --
Rom .
iii .
19 ,
21 .
[
1913 Webster ]
4 .
In human government :
(
a )
An organic rule ,
as a constitution or charter ,
establishing and defining the conditions of the existence of a state or other organized community .
(
b )
Any edict ,
decree ,
order ,
ordinance ,
statute ,
resolution ,
judicial ,
decision ,
usage ,
etc .,
or recognized ,
and enforced ,
by the controlling authority .
[
1913 Webster ]
5 .
In philosophy and physics :
A rule of being ,
operation ,
or change ,
so certain and constant that it is conceived of as imposed by the will of God or by some controlling authority ;
as ,
the law of gravitation ;
the laws of motion ;
the law heredity ;
the laws of thought ;
the laws of cause and effect ;
law of self -
preservation .
[
1913 Webster ]
6 .
In mathematics :
The rule according to which anything ,
as the change of value of a variable ,
or the value of the terms of a series ,
proceeds ;
mode or order of sequence .
[
1913 Webster ]
7 .
In arts ,
works ,
games ,
etc .:
The rules of construction ,
or of procedure ,
conforming to the conditions of success ;
a principle ,
maxim ;
or usage ;
as ,
the laws of poetry ,
of architecture ,
of courtesy ,
or of whist .
[
1913 Webster ]
8 .
Collectively ,
the whole body of rules relating to one subject ,
or emanating from one source ; --
including usually the writings pertaining to them ,
and judicial proceedings under them ;
as ,
divine law ;
English law ;
Roman law ;
the law of real property ;
insurance law .
[
1913 Webster ]
9 .
Legal science ;
jurisprudence ;
the principles of equity ;
applied justice .
[
1913 Webster ]
Reason is the life of the law ;
nay ,
the common law itself is nothing else but reason . --
Coke .
[
1913 Webster ]
Law is beneficence acting by rule . --
Burke .
[
1913 Webster ]
And sovereign Law ,
that state '
s collected will O '
er thrones and globes elate ,
Sits empress ,
crowning good ,
repressing ill . --
Sir W .
Jones .
[
1913 Webster ]
10 .
Trial by the laws of the land ;
judicial remedy ;
litigation ;
as ,
to go law .
[
1913 Webster ]
When every case in law is right . --
Shak .
[
1913 Webster ]
He found law dear and left it cheap . --
Brougham .
[
1913 Webster ]
11 .
An oath ,
as in the presence of a court . [
Obs .]
See {
Wager of law },
under {
Wager }.
[
1913 Webster ]
{
Avogadro '
s law } (
Chem .),
a fundamental conception ,
according to which ,
under similar conditions of temperature and pressure ,
all gases and vapors contain in the same volume the same number of ultimate molecules ; --
so named after Avogadro ,
an Italian scientist .
Sometimes called {
Amp [`
e ]
re '
s law }.
{
Bode '
s law } (
Astron .),
an approximative empirical expression of the distances of the planets from the sun ,
as follows :
--
Mer .
Ven .
Earth .
Mars .
Aste .
Jup .
Sat .
Uran .
Nep .
4 4 4 4 4 4 4 4 4 0 3 6 12 24 48 96 192 384 -- -- -- -- -- -- --
--- ---
4 7 10 16 28 52 100 196 388 5 .
9 7 .
3 10 15 .
2 27 .
4 52 95 .
4 192 300 where each distance (
line third )
is the sum of 4 and a multiple of 3 by the series 0 ,
1 ,
2 ,
4 ,
8 ,
etc .,
the true distances being given in the lower line .
{
Boyle '
s law } (
Physics ),
an expression of the fact ,
that when an elastic fluid is subjected to compression ,
and kept at a constant temperature ,
the product of the pressure and volume is a constant quantity ,
i .
e .,
the volume is inversely proportioned to the pressure ; --
known also as {
Mariotte '
s law },
and the {
law of Boyle and Mariotte }.
{
Brehon laws }.
See under {
Brehon }.
{
Canon law },
the body of ecclesiastical law adopted in the Christian Church ,
certain portions of which (
for example ,
the law of marriage as existing before the Council of Tent )
were brought to America by the English colonists as part of the common law of the land . --
Wharton .
{
Civil law },
a term used by writers to designate Roman law ,
with modifications thereof which have been made in the different countries into which that law has been introduced .
The civil law ,
instead of the {
common law },
prevails in the State of Louisiana . --
Wharton .
{
Commercial law }.
See {
Law merchant } (
below ).
{
Common law }.
See under {
Common }.
{
Criminal law },
that branch of jurisprudence which relates to crimes .
{
Ecclesiastical law }.
See under {
Ecclesiastical }.
{
Grimm '
s law } (
Philol .),
a statement (
propounded by the German philologist Jacob Grimm )
of certain regular changes which the primitive Indo -
European mute consonants ,
so -
called (
most plainly seen in Sanskrit and ,
with some changes ,
in Greek and Latin ),
have undergone in the Teutonic languages .
Examples :
Skr .
bh [=
a ]
t [.
r ],
L .
frater ,
E .
brother ,
G .
bruder ;
L .
tres ,
E .
three ,
G .
drei ,
Skr .
go ,
E .
cow ,
G .
kuh ;
Skr .
dh [=
a ]
to put ,
Gr .
ti -
qe `-
nai ,
E .
do ,
OHG ,
tuon ,
G .
thun .
See also {
lautverschiebung }.
{
Kepler '
s laws } (
Astron .),
three important laws or expressions of the order of the planetary motions ,
discovered by John Kepler .
They are these : (
1 )
The orbit of a planet with respect to the sun is an ellipse ,
the sun being in one of the foci . (
2 )
The areas swept over by a vector drawn from the sun to a planet are proportioned to the times of describing them . (
3 )
The squares of the times of revolution of two planets are in the ratio of the cubes of their mean distances .
{
Law binding },
a plain style of leather binding ,
used for law books ; --
called also {
law calf }.
{
Law book },
a book containing ,
or treating of ,
laws .
{
Law calf }.
See {
Law binding } (
above ).
{
Law day }.
(
a )
Formerly ,
a day of holding court ,
esp .
a court -
leet .
(
b )
The day named in a mortgage for the payment of the money to secure which it was given . [
U .
S .]
{
Law French },
the dialect of Norman ,
which was used in judicial proceedings and law books in England from the days of William the Conqueror to the thirty -
sixth year of Edward III .
{
Law language },
the language used in legal writings and forms .
{
Law Latin }.
See under {
Latin }.
{
Law lords },
peers in the British Parliament who have held high judicial office ,
or have been noted in the legal profession .
{
Law merchant },
or {
Commercial law },
a system of rules by which trade and commerce are regulated ; --
deduced from the custom of merchants ,
and regulated by judicial decisions ,
as also by enactments of legislatures .
{
Law of Charles } (
Physics ),
the law that the volume of a given mass of gas increases or decreases ,
by a definite fraction of its value for a given rise or fall of temperature ; --
sometimes less correctly styled {
Gay Lussac '
s law },
or {
Dalton '
s law }.
{
Law of nations }.
See {
International law },
under {
International }.
{
Law of nature }.
(
a )
A broad generalization expressive of the constant action ,
or effect ,
of natural conditions ;
as ,
death is a law of nature ;
self -
defense is a law of nature .
See {
Law },
4 .
(
b )
A term denoting the standard ,
or system ,
of morality deducible from a study of the nature and natural relations of human beings independent of supernatural revelation or of municipal and social usages .
{
Law of the land },
due process of law ;
the general law of the land .
{
Laws of honor }.
See under {
Honor }.
{
Laws of motion } (
Physics ),
three laws defined by Sir Isaac Newton : (
1 )
Every body perseveres in its state of rest or of moving uniformly in a straight line ,
except so far as it is made to change that state by external force . (
2 )
Change of motion is proportional to the impressed force ,
and takes place in the direction in which the force is impressed . (
3 )
Reaction is always equal and opposite to action ,
that is to say ,
the actions of two bodies upon each other are always equal and in opposite directions .
{
Marine law },
or {
Maritime law },
the law of the sea ;
a branch of the law merchant relating to the affairs of the sea ,
such as seamen ,
ships ,
shipping ,
navigation ,
and the like .
--
Bouvier .
{
Mariotte '
s law }.
See {
Boyle '
s law } (
above ).
{
Martial law }.
See under {
Martial }.
{
Military law },
a branch of the general municipal law ,
consisting of rules ordained for the government of the military force of a state in peace and war ,
and administered in courts martial . --
Kent . --
Warren '
s Blackstone .
{
Moral law },
the law of duty as regards what is right and wrong in the sight of God ;
specifically ,
the ten commandments given by Moses .
See {
Law },
2 .
{
Mosaic law },
or {
Ceremonial law }. (
Script .)
See {
Law },
3 .
{
Municipal law },
or {
Positive law },
a rule prescribed by the supreme power of a state ,
declaring some right ,
enforcing some duty ,
or prohibiting some act ; --
distinguished from {
international law }
and {
constitutional law }.
See {
Law },
1 .
{
Periodic law }. (
Chem .)
See under {
Periodic }.
{
Roman law },
the system of principles and laws found in the codes and treatises of the lawmakers and jurists of ancient Rome ,
and incorporated more or less into the laws of the several European countries and colonies founded by them .
See {
Civil law } (
above ).
{
Statute law },
the law as stated in statutes or positive enactments of the legislative body .
{
Sumptuary law }.
See under {
Sumptuary }.
{
To go to law },
to seek a settlement of any matter by bringing it before the courts of law ;
to sue or prosecute some one .
{
To take the law of },
or {
To have the law of },
to bring the law to bear upon ;
as ,
to take the law of one '
s neighbor .
--
Addison .
{
Wager of law }.
See under {
Wager }.
Syn :
Justice ;
equity .
Usage : {
Law }, {
Statute }, {
Common law }, {
Regulation }, {
Edict },
{
Decree }.
Law is generic ,
and ,
when used with reference to ,
or in connection with ,
the other words here considered ,
denotes whatever is commanded by one who has a right to require obedience .
A statute is a particular law drawn out in form ,
and distinctly enacted and proclaimed .
Common law is a rule of action founded on long usage and the decisions of courts of justice .
A regulation is a limited and often ,
temporary law ,
intended to secure some particular end or object .
An edict is a command or law issued by a sovereign ,
and is peculiar to a despotic government .
A decree is a permanent order either of a court or of the executive government .
See {
Justice }.
[
1913 Webster ]
Law \
Law \,
interj . [
Cf . {
La }.]
An exclamation of mild surprise . [
Archaic or Low ]
[
1913 Webster ]
Law \
Law \,
v .
t .
Same as {
Lawe },
v .
t . [
Obs .]
[
1913 Webster ]
173 Moby Thesaurus words for "
law ":
Dogberry ,
Eighteenth Amendment ,
John Law ,
Procrustean law ,
Prohibition Party ,
Volstead Act ,
a priori truth ,
act ,
appointment ,
assize ,
axiom ,
ban ,
bill ,
bluecoat ,
bobby ,
brevet ,
bring action against ,
bring into court ,
bring suit ,
bring to justice ,
bring to trial ,
brocard ,
bull ,
bylaw ,
canon ,
code ,
command ,
commandment ,
contraband ,
convention ,
cop ,
copper ,
criminology ,
criterion ,
declaration ,
decree ,
decree -
law ,
decreement ,
decretal ,
decretum ,
denial ,
dick ,
dictate ,
dictation ,
dictum ,
diktat ,
disallowance ,
drag into court ,
edict ,
edictum ,
embargo ,
enactment ,
exclusion ,
exigency ,
fiat ,
flatfoot ,
flattie ,
forbiddance ,
forbidden fruit ,
forbidding ,
forensic psychiatry ,
form ,
formality ,
formula ,
formulary ,
fundamental ,
gendarme ,
general principle ,
go into litigation ,
go to law ,
golden rule ,
guideline ,
guiding principle ,
gumshoe ,
imperative ,
implead ,
index ,
index expurgatorius ,
index librorum prohibitorum ,
inhibition ,
injunction ,
institute ,
institution ,
interdict ,
interdiction ,
interdictum ,
ipse dixit ,
jurisprudence ,
jus ,
law of nature ,
legal chemistry ,
legal medicine ,
legal science ,
legislation ,
lex ,
litigate ,
mandate ,
maxim ,
measure ,
medical jurisprudence ,
medico -
legal medicine ,
mitzvah ,
moral ,
necessity ,
no -
no ,
nomography ,
norm ,
norma ,
order of nature ,
ordinance ,
ordonnance ,
peeler ,
pig ,
postulate ,
precept ,
preclusion ,
prescribed form ,
prescript ,
prescription ,
prevention ,
principium ,
principle ,
proclamation ,
prohibition ,
prohibitory injunction ,
pronouncement ,
pronunciamento ,
proposition ,
proscription ,
prosecute ,
prosecute at law ,
put in suit ,
put on trial ,
refusal ,
regulation ,
rejection ,
repression ,
rescript ,
restrictive covenants ,
rubric ,
rule ,
ruling ,
ruling out ,
seek in law ,
seek justice ,
self -
evident truth ,
senatus consult ,
senatus consultum ,
set form ,
settled principle ,
shamus ,
standard ,
standing order ,
statute ,
sue ,
sumptuary laws ,
suppression ,
taboo ,
take to court ,
tenet ,
the cops ,
the fuzz ,
the law ,
theorem ,
truism ,
truth ,
ukase ,
universal law ,
universal truth ,
working principle ,
working rule ,
zoning ,
zoning laws {
software law }
Local Authority Workstation Law a rule of action . (
1 .)
The Law of Nature is the will of God as to human conduct ,
founded on the moral difference of things ,
and discoverable by natural light (
Rom .
1 :
20 ;
2 :
14 ,
15 ).
This law binds all men at all times .
It is generally designated by the term conscience ,
or the capacity of being influenced by the moral relations of things .
(
2 .)
The Ceremonial Law prescribes under the Old Testament the rites and ceremonies of worship .
This law was obligatory only till Christ ,
of whom these rites were typical ,
had finished his work (
Heb .
7 :
9 ,
11 ;
10 :
1 ;
Eph .
2 :
16 ).
It was fulfilled rather than abrogated by the gospel .
(
3 .)
The Judicial Law ,
the law which directed the civil policy of the Hebrew nation .
(
4 .)
The Moral Law is the revealed will of God as to human conduct ,
binding on all men to the end of time .
It was promulgated at Sinai .
It is perfect (
Ps .
19 :
7 ),
perpetual (
Matt .
5 :
17 ,
18 ),
holy (
Rom .
7 :
12 ),
good ,
spiritual (
14 ),
and exceeding broad (
Ps .
119 :
96 ).
Although binding on all ,
we are not under it as a covenant of works (
Gal .
3 :
17 ). (
See {
COMMANDMENTS }.)
(
5 .)
Positive Laws are precepts founded only on the will of God .
They are right because God commands them .
(
6 .)
Moral positive laws are commanded by God because they are right .
LAW ,
ARBITRARY .
An arbitrary law is one made by the legislator simply because he wills it ,
and is not founded in the nature of things ;
such law ,
for example ,
as the tariff law ,
which may be high or low .
This term is used in opposition to immutable .
LAW ,
CANON .
The canon law is a body of Roman ecclesiastical law ,
relative to such matters as that church either has or pretends to have the proper jurisdiction over :
2 .
This is compiled from the opinions of the ancient Latin fathers ,
the decrees of general councils ,
and the decretal epistles and bulls of the holy see .
All which lay in the same confusion and disorder as the Roman civil law ,
till about the year 1151 ,
when one Gratian ,
an Italian monk ,
animated by the discovery of Justinian '
s Pandects ,
reduced the ecclesiastical constitutions also into some method ,
in three books ,
which he entitled Concordia discordantium canonum ,
but which are generally known by the name of Decretum Gratiani .
These reached as low as the time of Pope Alexander III .
The subsequent papal decrees to the pontificate of Gregory IX .,
were published in much the same method ,
under the auspices of that pope ,
about the year 1230 ,
in five books ,
entitled Decretalia Gregorii noni .
A sixth book was added by Boniface VIII .,
about the year 1298 ,
which is called Sextus decretalium .
The Clementine constitution or decrees of Clement V .,
were in like manner authenticated in 1317 ,
by his successor ,
John XXII .,
who also published twenty constitutions of his own ,
called the Extravagantes Joannis ,
all of which in some manner answer to the novels of the civil law .
To these have since been added some decrees of the later popes ,
in five books called Extravagantes communes .
And all these together ,
Gratian '
s Decrees ,
Gregory '
s Decretals ,
the Sixth Decretals ,
the Clementine Constitutions ,
and the Extravagants of John and his successors ,
form the Corpus juris canonici ,
or body of the Roman canon law .
1 Bl .
Com .
82 ;
Encyclopedie ,
Droit Canonique ,
Droit Public Ecclesiastique ;
Dict .
de Jurispr .
Droit Canonique ;
Ersk .
Pr .
L .
Scotl .
B .
1 ,
t .
1 ,
s .
10 .
See ,
in general ,
Ayl .
Par .
Jur .
Can .
Ang .;
Shelf .
on M . &
D .
19 ;
Preface to Burn '
s Eccl .
Law ,
by Thyrwhitt ,
22 ;
Hale '
s Hist .
C .
L .
26 -
29 ;
Bell '
s Case of a Putative Marriage ,
203 ;
Dict .
du Droit Canonique ;
Stair '
s Inst .
b .
1 ,
t .
1 ,
7 .
LAW .
In its most general and comprehensive sense ,
law signifies a rule of action ;
and this term is applied indiscriminately to all kinds of action ;
whether animate or inanimate ,
rational or irrational .
1 Bl .
Com .
38 .
In its more confined sense ,
law denotes the rule ,
not of actions in general ,
but of human action or conduct .
In the civil code of Louisiana ,
art .
1 ,
it is defined to be "
a solemn expression of the legislative will ."
Vide Toull .
Dr .
Civ .
Fr .
tit .
prel .
s .
1 ,
n .
4 ;
1 Bouv .
Inst .
n .
1 -
3 .
2 .
Law is generally divided into four principle classes ,
namely ;
Natural law ,
the law of nations ,
public law ,
and private or civil law .
When considered in relation to its origin ,
it is statute law or common law .
When examined as to its different systems it is divided into civil law ,
common law ,
canon law .
When applied to objects ,
it is civil ,
criminal ,
or penal .
It is also divided into natural law and positive law .
Into written law ,
lex scripta ;
and unwritten law ,
lex non scripta .
Into law merchant ,
martial law ,
municipal law ,
and foreign law .
When considered as to their duration ,
laws are immutable and arbitrary or positive ;
when as their effect ,
they are prospective and retrospective .
These will be separately considered .
LAW ,
CIVIL .
The term civil law is generally applied by way of eminence to the civil or municipal law of the Roman empire ,
without distinction as to the time when the principles of such law were established or modified .
In another sense ,
the civil law is that collection of laws comprised in the institutes ,
the code ,
and the digest of the emperor Justinian ,
and the novel constitutions of himself and some of his successors .
Ersk .
Pr .
L .
Scotl .
B .
1 ,
t .
l ,
s .
9 ;
6 L .
R .
494 .
2 .
The Institutes contain the elements or first principles of the Roman law ,
in four books .
The Digests or Pandects are in fifty books ,
and contain the opinions and writings of eminent lawyers digested in a systematical method ,
whose works comprised more than two thousand volumes ,
The new code ,
or collection of imperial constitutions ,
in twelve books ;
which was a substitute for the code of Theodosius .
The novels or new constitutions ,
posterior in time to the other books ,
and amounting to a supplement to the code ,
containing new decrees of successive emperors as new questions happened to arise .
These form the body of the Roman law ,
or corpus juris civilis ,
as published about the time of Justinian .
3 .
Although successful in the west ,
these laws were not ,
even in the lifetime of the emperor universally received ;
and after the Lombard invasion they became so totally neglected ,
that both the Code and Pandects were lost till the twelfth century ,
A .
D .
1130 ;
when it is said the Pandects were accidentally discovered at Amalphi ,
and the Code at Ravenna .
But ,
as if fortune would make an atonement for her former severity ,
they have since been the study of the wisest men ,
and revered as law ,
by the politest nations .
4 .
By the term civil law is also understood the particular law of each people ,
opposed to natural law ,
or the law of nations ,
which are common to all .
Just .
Inst .
l .
1 ,
t .
1 ,
Sec .
1 ,
2 ;
Ersk .
Pr .
L .
Scot .
B .
1 ,
t .
1 ,
s .
4 .
In this sense it ,
is used by Judge Swift .
See below .
5 .
Civil law is also sometimes understood as that which has emanated from the secular power opposed to the ecclesiastical or military .
6 .
Sometimes by the term civil law is meant those laws which relate to civil matters only ;
and in this sense it is opposed to criminal law ,
or to those laws which concern criminal matters .
Vide Civil .
7 .
Judge Swift ,
in his System of the Laws of Connecticut ,
prefers the term civil law ,
to that of municipal law .
He considers the term municipal to be too limited in its signification .
He defines civil law to be a rule of human action ,
adopted by mankind in a state of society ,
or prescribed by the supreme power of the government ,
requiring a course of conduct not repugnant to morality or religion ,
productive of the greatest political happiness ,
and prohibiting actions contrary thereto ,
and which is enforced by the sanctions of pains and penalties .
1 Sw .
Syst .
37 .
See Ayl .
Pand .
B .
1 ,
t .
2 ,
p .
6 .
See ,
in general ,
as to civil law ,
Cooper '
s Justinian the Pandects ;
1 Bl .
Com .
80 ,
81 ;
Encyclopedie ,
art .
Droit Civil ,
Droit Romain ;
Domat ,
Les Loix Civiles ;
Ferriere '
s Dict .;
Brown '
s Civ .
Law ;
Halifax '
s Analys .
Civ .
Law ;
Wood '
s Civ .
Law ;
Ayliffe '
s Pandects ;
Hein .
Elem .
Juris .;
Erskine '
s Institutes ;
Pothier ;
Eunomus ,
Dial .
1 ;
Corpus Juris Civilis ;
Taylor '
s Elem .
Civ .
Law .
LAW ,
INTERNATIONAL .
The law of nature applied to the affairs of nations ,
commonly called the law of nations ,
jus gentium ;
is also called by some modern authors international law .
Toullier ,
Droit Francais ,
tit .
rel .
Sec .
12 .
Mann .
Comm .
1 ;
Bentham .
on Morals , &
c .,
260 ,
262 ;
Wheat .
on Int .
Law ;
Foelix ,
Du Droit Intern .
Prive ,
n .
1 .
LAW ,
MARTIAL .
Martial law is a code established for the government of the army and navy of the United States .
2 .
Its principal rules are to be found in the articles of war . (
q .
v .)
The object of this code ,
or body of regulations is to ,
maintain that order and discipline ,
the fundamental principles of which are a due obedience of the several ranks to their proper officers ,
a subordination of each rank to their superiors ,
and the subjection of the whole to certain rules of discipline ,
essential to their acting with the union and energy of an organized body .
The violations of this law are to be tried by a court martial . (
q .
v .)
3 .
A military commander has not the power ,
by declaring a district to be under martial law ,
to subject all the citizens to that code ,
and to suspend the operation of the writ of habeas corpus .
3 Mart . (
Lo .)
531 .
Vide Hale '
s Hist .
C .
L .
38 ;
1 Bl .
Com .
413 ;
Tytler on Military Law ;
Ho .
on C .
M .;
M '
Arth .
on C .
M .;
Rules and Articles of War ,
art .
64 ,
et seq ;
2 Story ,
L .
U .
S .
1000 .
LAW ,
COMMON .
The common law is that which derives its force and authority from the universal consent and immemorial practice of the people .
It has never received the sanction of the legislature ,
by an express act ,
which is the criterion by which it is distinguished from the statute law .
It has never been reduced to writing ;
by this expression ,
however ,
it is not meant that all those laws are at present merely oral ,
or communicated from former ages to the present solely by word of mouth ,
but that the evidence of our common law is contained in our books of Reports ,
and depends on the general practice and judicial adjudications of our courts .
2 .
The common law is derived from two sources ,
the common law of England ,
and the practice and decision of our own courts .
In some states the English common law has been adopted by statute .
There is no general rule to ascertain what part of the English common law is valid and binding .
To run the line of distinction ,
is a subject of embarrassment to courts ,
and the want of it a great perplexity to the student .
Kirb .
Rep .
Pref .
It may ,
however ,
be observed generally ,
that it is binding where it has not been superseded by the constitution of the United States ,
or of the several states ,
or by their legislative enactments ,
or varied by custom ,
and where it is founded in reason and consonant to the genius and manners of the people .
3 .
The phrase "
common law "
occurs in the seventh article of the amendments of the constitution of the United States . "
In suits at common law ,
where the value in controversy shall not exceed twenty dollar says that article , "
the right of trial by jury shall be preserved .
The "
common law "
here mentioned is the common law of England ,
and not of any particular state .
1 Gall .
20 ;
1 Bald .
558 ;
3 Wheat .
223 ;
3 Pet .
R .
446 ;
1 Bald .
R .
554 .
The term is used in contradistinction to equity ,
admiralty ,
and maritime law .
3 Pet .
446 ;
1 Bald .
554 .
4 .
The common law of England is not in all respects to be taken as that of the United States ,
or of the several states ;
its general principles are adopted only so far as they are applicable to our situation .
2 Pet ,
144 ;
8 Pet .
659 ;
9 Cranch ,
333 ;
9 S . &
R .
330 ;
1 Blackf 66 ,
82 ,
206 ;
Kirby ,
117 ;
5 Har . &
John .
356 ;
2 Aik .
187 ;
Charlt .
172 ;
1 Ham .
243 .
See 5 Cow .
628 ;
5 Pet .
241 ;
1 Dall .
67 ;
1 Mass .
61 ;
9 Pick .
532 ;
3 Greenl .
162 ;
6 Greenl .
55 ;
3 Gill &
John .
62 ;
Sampson '
s Discourse before the Historical Society of New York ;
1 Gallis .
R .
489 ;
3 Conn .
R .
114 ;
2 Dall .
2 ,
297 ,
384 ;
7 Cranch ,
R .
32 ;
1 Wheat .
R .
415 ;
3 Wheat .
223 ;
1 Blackf .
R .
205 ;
8 Pet .
R .
658 ;
5 Cowen ,
R .
628 ;
2 Stew .
R .
362 .
LAW ,
CRIMINAL .
By criminal law is understood that system of laws which provides for the mode of trial of persons charged with criminal offences ,
defines crimes ,
and provides for their punishments .
LAW ,
FOREIGN .
By foreign laws are understood the laws of a foreign country .
The states of the American Union are for some purposes foreign to each other ,
and the laws of each are foreign in the others .
See Foreign laws .
LAW ,
MERCHANT .
A system of customs acknowledged and taken notice of by all commercial nations ;
and those customs constitute a part of the general law of the land ;
and being a part of that law their existence cannot be proved by witnesses ,
but the judges are bound to take notice of them ex officio .
See Beawes '
Lex Mercatoria Rediviva ;
Caines '
Lex Mercatoria Americana ;
Com .
Dig .
Merchant ,
D ;
Chit .
Comm .
Law ;
Pardess .
Droit Commercial ;
Collection des Lois Maritimes anterieure au dix huti �
me si �
cle ,
par Dupin ;
Capmany ,
Costumbres Maritimas ;
II Consolato del Mare ;
Us et Coutumes de la Mer ;
Piantandia ,
Della Giurisprudenze Maritina Commerciale ,
Antica e Moderna ;
Valin ,
Commentaire sur l '
Ordonnance de la Marine ,
du Mois d '
Aout ,
1681 ;
Boulay -
Paty ,
Dr .
Comm .;
Boucher ,
Institutions au Droit Maritime .
LAW ,
MUNICIPAL .
Municipal law is defined by Mr .
Justice Blackstone to be "
a rule of civil conduct prescribed by the supreme power in a state ,
commanding what is right and prohibiting what is wrong ."
This definition has been criticised ,
and has been perhaps ,
justly considered imperfect .
The latter part has been thought superabundant to the first ;
see Mr .
Christian '
s note ;
and the first too general and indefinite ,
and too limited in its signification to convey a just idea of the subject .
See Law ,
civil .
Mr .
Chitty defines municipal law to be "
a rule of civil conduct ,
prescribed by the supreme power in a state ,
commanding what shall be done or what shall not be done ."
1 Bl .
Com .
44 ,
note 6 ,
Chitty '
s edit .
2 .
Municipal law ,
among the Romans ,
was a law made to govern a particular city or province ;
this term is derived from the Latin municipium ,
which among them signified a city which was governed by its own laws ,
and which had its own magistrates .
LAW ,
RETROSPECTIVE .
A retrospective law is one that is to take effect ,
in point of time ,
before it was passed .
2 .
Whenever a law of this kind impairs the obligation of contracts ,
it is void .
3 Dall .
391 .
But laws which only vary the remedies ,
divest no right ,
but merely cure a defect in proceedings otherwise fair ,
are valid .
10 Serg . &
Rawle ,
102 ,
3 ;
15 Serg . &
Rawle ,
72 .
See Ex post facto .
LAW ,
STATUTE .
The written will of the legislature ,
solemnly expressed according to the forms prescribed by the constitution ;
an act of the legislature .
See Statute .
LAW ,
UNWRITTEN ,
or lex non scripta .
All the laws which do not come under the definition of written law ;
it is composed ,
principally ,
of the law of nature ,
the law of nations ,
the common law ,
and customs .
LAW ,
PENAL .
One which inflicts a penalty for a violation of its enactment .
LAW ,
POSITIVE .
Positive law ,
as used in opposition to natural law ,
may be considered in a threefold point of view .
1 .
The universal voluntary law ,
or those rules which are presumed to be law ,
by the uniform practice of nations in general ,
and by the manifest utility of the rules themselves .
2 .
The customary law ,
or that which ,
from motives of convenience ,
has ,
by tacit ,
but implied agreement ,
prevailed ,
not generally indeed among all nations ,
nor with so permanent a utility as to become a portion of the universal voluntary law ,
but enough to have acquired a prescriptive obligation among certain states so situated as to be mutually benefited by it .
1 Taunt .
241 .
3 .
The conventional law ,
or that which is agreed between particular states by express treaty ,
a law binding on the parties among whom such treaties are in force .
1 Chit .
Comm .
Law ,
28 .
LAW ,
PRIVATE .
An act of the legislature which relates to some private matters ,
which do not concern the public at large .
LAW ,
PROSPECTIVE .
One which provides for ,
and regulates the future acts of men ,
and does not interfere in any way with what has past .
LAW ,
PUBLIC .
A public law is one in which all persons have an interest .
LAW ,
WRITTEN ,
or lex scripta .
This consists of the constitution of the United States the constitutions of the several states the acts of the different legislatures ,
as the acts of congress ,
and of the legislatures of the several states ,
and of treaties .
See Statute .
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