10

In classical Latin, the ablative of comparatives could end on -i, although -e is probably more common. Here are a few quotations that I think must be conceded to contain ablatives: Cornelius Nepos, Vitae Ca. 2.2.2: … ibi cum diutius moraretur, P. Scipio Africanus consul iterum, cuius in priori consulatu quaestor fuerat, uoluit eum de prouincia depellere …...


8

I believe the earliest reference is in Jenkin's Eight Centuries of Reports. At the end of Case II on page 160, the text appears: Mors omnia solvit, infinitum in jure reprobatur. "Death dissolves all things; that which is endless is reprehensible in law."


8

The normal word for "duty" in Latin isn't ius, but officium, and it's well attested for this meaning from Plautus to Suetonius (and later), in prose and poetry alike. Cicero's De Officiis is always translated as On Duties. Might be easier to just post the Lewis & Short definition in full: II. In gen., an obligatory service, an obligation, duty, ...


6

My impression is that fortiori, priori and posteriori are ablative forms, but they have been declined badly — from the classical point of view. Making this mistake is quite easy. Both -e and -ī appear as singular ablative endings in the third declensions. For adjectives, -ī is always used in positive (ie. neither comparative nor superlative) and -e ...


6

In terms of correct Latin grammar the answer is no, because nexus is a different type of noun than domicilium and solum. The latter are second-declension nouns, so their genitive ("of") form ends in -ī; but nexus is a fourth-declension noun, so its genitive ends in -ūs. "Law of connection" would thus be jūs nexūs. (Note that if you are using macrons, which ...


6

My background studying medieval scholastic Philosophy leads me to translate principia with the somewhat redundant phrase "first principles." The phrase is common in Scholastic philosophy (see your quote from Duns Scotus and the high hit count in the Corpus Thomisticum). Luther seems confident that the phrase has "heathen" sources: Denn ...


6

Unus multorum means "one of many". I gather that the phrase is comparable to "average Joe" in English, or "just one of the crowd"—the opposite of the uniqueness conveyed by sui generis. My Latin is not that solid; hopefully someone more knowledgeable will correct or confirm this. This 1814 dictionary reports: unus multorum et de multis, is said of one, ...


6

No, that translation is not grammatically valid. It means roughly "belief of law, long use, to be saved firmly" but it is somewhat incoherent. Let me go through a translation process step by step. As you seem to know, opinio iuris is a fixed expression and we can of course start with that. The modifiers will probably not be parts of standard legal Latin ...


5

Perhaps surprisingly, ex post factō isn't actually a valid Latin phrase on its own: it's got two prepositions in a row, and Latin doesn't allow that. So why do people use it? Well, in legal Latin, a law made after the fact is a postfactum, a "thing-made-after". So a punishment originating from one of these laws comes ex postfactō, "from a thing-made-after". ...


5

This most certainly seems to be a legal phrase. Although I can't find the exact phrase in the classical corpus, as Pé de Leão shows above, it had passed into formal, legal terminology by the eighteenth century in the form you give. However, the legal concept certainly existed before this. The verb solvere, which gives us the solvit in your phrase, could ...


5

Could it be et cetera? That is often abbreviated as e(t)c in manuscripts: although I've not seen this exact form before, and Cappelli does not seem to have it (consulted at the University of Cologne), it looks like it could be ec. I've read most of the text, and et cetera would fit the context (although et cetera easily fits any context).


4

Recent research has shed some new light on this question. A dissertation that came out of Rutgers in 2007 called the whole idea of ius sacrum into question. Johnson takes a look at the evidence behind the standard interpretation. For reference, for years everyone relied on Adolf Berger's article in the RE and, later, his entry in Encyclopedia Dictionary of ...


4

Here are two apparent counterexamples that I think are not really counterexamples. I post them here to give people an opportunity to confirm or refute my understanding of them (I'll be grateful for either). Argumentum ab auctoritate est fortissimum in lege. One might say that an authority is outside the topic and therefore should follow the ad pattern. ...


3

You would say that Welby is an ex officio member (or a member ex officio) of those two bodies. In this case, the Latin noun officium means 'A regular (esp. official) employment, charge or position, post, office' (definition 6 in the Oxford Latin Dictionary) – or perhaps 'What one has to do to fulfil one's role, a person's function or job' (def. 4). The ...


3

This is more of a comment than an answer, but perhaps someone will find it interesting. The words mors omnia solvit would scan perfectly as a part of a hexameter or pentameter line. This made me wonder whether this or something similar appears in classical poetry. The exact phrase is not attested in classical literature, but similar ideas do appear: ...


3

I'm not aware of a Latin word for a "search warrant" in general, but an "arrest warrant" is known as a capias: literally, "you should seize [this person]". In Latin it's a verb, but it's used as a noun in English, like with habeas corpus ("you should have the body"): officially it's probably something like "a writ of capias". So perhaps we could call a ...


2

Since there has been no other answer, let me expand my comment into an answer. I am not familiar with any technical term with a meaning opposite to sui generis. If you want an adjective of similar origin, there is generalis. But the best Latin word I know for this is solitus (a form of solere, see part II of the entry). Notice that unlike sui generis, both ...


2

Auctor libri qui inscribitur Dizionario Storico-Giuridico Romano nos refert ad philosophos medii aevi, Latham, Wordlist, s. v. 'a, ab' annos indicat 'c. 1337, c. 1343' sine auctorum indicatione. Exemplum inveni in Occhami Dialogo, III tr. 2 lib. 2 cap.1: "Magister: Ex his verbis habetur quod potestas regis Francorum distincta est a potestate papae. Et per ...


2

This one seems pretty straightforward to me? The notion is of a proper jus civilis marriage, as opposed to the commonlawish jus gentium. It's a sort of joke, right in Apuleius' wheelhouse. See George Long in Smith's Dictionary of Greek and Roman Antiquities, s.v. Matrimonium.


1

It seems perquisitio is a Latin term that might be associated with a Search Warrant. At least that is the term that this encyclopedia of Roman Law associates to the expression "search for stolen things". Notice the Italian for Search Warrant is Perquisizione, derived from the related Latin term (similar in French). Meanwhile, the OED gives the English term ...


1

I think they are quite identical. Lewis & Short has for arbiter (http://www.perseus.tufts.edu/hopper/text?doc=Perseus%3Atext%3A1999.04.0059%3Aalphabetic+letter%3DA%3Aentry+group%3D68%3Aentry%3Darbiter): "II. Esp. A. In judic. lang., t. t., prop., he that is appointed to inquire into a cause (cf. adire hiberna, Tac. H. 1, 52, and intervenio) and settle ...


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