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On this page: Jus – Jus Aedilftium – Jus Aelianum – Jus Civfle – Jus Civfle Flavianum – Jus Naturale

JUS AELIANUM.

maintain my right (meum jus} by the Interdict." (Pro Caecina^ c. 11.) As the several rules of law which are often comprised in one lex, or which make up the whole body of Jus (Law), may be called jura with reference to their object, so the various legal rights which are severally called jus with reference to some particular subject, may be collectively called jura. Thus we find the phrase Jura Parentis to express all the rights that flow from the fact of legal paternity.

The phrase Jura Praediorum, which is used by the Roman Jurists, is somewhat peculiar, and open to objection. [servitus.]

The potestas which a Roman father had over his children and a husband over his wife in manu, being a jus or legal right, there hence arose the distinc­tion of persons into those who are sui and those who are alieni juris. All the rights of such persons severally are represented by the phrase "Jus Per-sonarum," or that division of the whole matter of Jus which treats of the condition of persons as members of a Familia. [familia.]

This leads to the mention of another division of the matter of law which appears among the Roman Jurists, namely, the Law of Persons ; the Law of Things, which is expressed by the phrase " jus quod ad res pertinet;" and the Law of Actions, " jus quod ad actiones pertinet." (Gains, i. 8.) In his first book Gaius treats of the Law of Per­sons, in the sense explained in the article iNSTir tutiones, in the fourth he treats of the Law of Actions ; and accordingly 'the second and third contain the Law of Things, to express which he does not use a phraseology analogous to that of "Jus Personarum ;" but he says he will treat De Rebus. [institutiones.]

The adjective Justum often occurs in the Latin writers, in the sense of that which is consistent with Jus or Law, or is not contrary to law. Thus it is a justum (legal) matrimonium, if there is con-nubium between the two parties to the marriage. The word Justum has many varieties of meaning, which may generally be derived, without much difficulty, from the meanings of Jus: as justa servitus, justum concilium, justum iter, Justus ex-ercitus, justa causa.

Jus is opposed to Judicium, and a thing was said to be done in jure or in judicio, according as it was done before the magistrates or before a judex. [judicium.] Thus all matters of legal question were said to be done " aut ad populum, aut in jure, aut ad judicem." (Plaut. Menaeck. iv. 2. 18.) Jus, in the sense of the place " in quo jus red-ditur" (Dig. 1. tit. 1. s. 11), is only an application of the name of what is done to the place in which it is done. The expression Jus Dicere is explained under Jurisdictio.

The foregoing explanation of Jus may not be entirely free from error, nor would it be easy to make it so, as will appear from comparing the views of various modern writers. [G. L,]

JUS AEDILFTIUM. [aediles; edictum.]

JUS AELIANUM was a compilation by Sextus Aelius Paetus, surnamed Catus, who was consul B. c. 198 (Liv. xxxii. 7), and who is called by his contemporary Ennius, " egregie cordatus homo." He is also frequently mentioned with praise by Cicero (de Rep. i. 18, de Or. i. 45, iii. 33). The Jus Aelianum, also called Tripertita, contained the Law of the Twelve Tables, an in-terpretatio, and the Legis Actiones. This work

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JUSJURANDUM.

existed in the time of Pomponius. (Dig. 1. tit. 2. s. 2. § 38.) Cicero also speaks of some commen-tarii by Aelius. (De Orat. i. 56, Top. 2.) [G. L ] JUS ANNULO'RUM. [annulus.] JUS APPLICATIONS. [exsilium, p. 510, b.]

JUS CIVFLE. [Jus.]

JUS CIVFLE FLAVIANUM. Appius Claudius Caecus, who was censor b. c. 312, is said to have drawn up a book of Actiones or forms of procedure, which his clerk Cn. Flavins made public. (Cic. de Or. i. 41.) According to ono story (Dig. 1. tit. 2. s. 7) Flavins surreptitiously obtained possession of the book of Appius, and was rewarded b}' the people for his services by being made Tribunus Plebis and Curule Aedile. The effect of this publication was to extend the knowledge and the practice of the law to the ple­ beians, and to separate the Jus Civile from tho Jus Pontificimn. (Liv. ix. 45 ; Gellius, vi. 9 ; Cic. pro Murena, 11.) [G. L.]

JUS -CIVILE PAPIRIA'NUM or PA-PISIA'NUM was a compilation of the Leges Regiae or laws passed in the kingly period of Rome. They are mentioned by Livy (vi. 1). This compilation was commented on by Granius Flaccus in the time of Julius Caesar (Dig. 50. tit. 16. s. 144), to which circumstance we probably owe the preservation of existing fragments of the Leges Regiae. There is great doubt as to the exact character of this compilation of Papirius, and as to the time when it was made. Even the name of the compiler is not quite certain, as he is variously called Cains, Sextus, and Publius. The best no­tice of the fragments of the Leges Regiae is by Dirksen, in his " Versuchen zur Kritik und aus-legung der Quellen des Romischen Rechts." See also Zimmern, Gescli. des Rom. Privatreclits. [G. L.] JUS CIVITA/TIS. [civitas, p. 291, b.] JUS COMMF/RCII. [civitas, p. 291, b.] JUS CONNU'BII. [civitas, p. 291, b ; matrimonium.] JUS EDICENDI. [edictum.] JUS GENTILFTIUM. [gens,] JUS GENTIUM. [Jus.] JUS HONORA'RIUM. [edictum.] JUS HONO'RUM. [civitas, P. 291,b.] JUS IMA'GINUM. [nobiles.] JUS ITA/LICUM. [colonia.] JUS LA/TIL [civitas ; latinitas.] JUS LIBERO'RUM. [lex julia et pa

PIA POPPAEA.] ,

JUS NATURALE. [Jus.] JUS PONTIFFCIUM. [Jus.] JUS POSTLIMFNII. [postliminium.] JUS PRAEDIATO'RIUM. [praes.] JUS PU'BLICUM, PRIVA'TUM. [Jus.] JUS QUIRFTIUM. [civitas ; Jus.] JUS RELATIO'NIS. [senatus.] JUS RESPONDENDI. [jurlsconsulti.] JUS SCRIPTUM. [Jus.] JUS SUFFRA'GII. [civitas, p. 291, b.]' JUS VOCA'TIO, IN. [AcTio.] JUSJURANDUM (fyicos), an oath. 1. greek. An oath is an appeal to some superior being, calling on him to bear witness that the swearer speaks the truth, or intends to perform the promise which he makes. Hence the expres­sions «ttco Zeta, frebr /Aaprvpofjiai, and others of the same import, so frequently used in the taking of oaths. (Soph. Track.- 399, Antig. 184 ; . St.

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