Ius - C

C

• Jus canonicum. Canon law
• Ius civile. In Roman law, the laws resulting from statutes and decrees governing the citizenry, as elaborated by the commentators of Roman law. According to the distinction employed by Gaius, the ius civile is the law applied only to Roman citizens; the ius gentium governed foreigners or was applied in cases involving both Romans and foreigners.
• Jus civile. Civil law. The system of law peculiar to one state or people. Inst 1, 2, 1. Particularly, in Roman law, the civil law of the Roman people, as distinguished from the jus gentium. The term is also applied to the body of law called, emphatically, the "civil law."

The jus civile and the jus gentium are distinguished as follows. All people ruled by statutes and customs use a law partly peculiar to themselves, partly соmmon to all men. The law each people has settled on for itself is peculiar to the state itself, and is called jus civile, as being peculiar to that very state. The law that has come to be generally accepted among all men—the law that is guarded among all peoples quite alike—is called the jus gentium, "and all nations use it as if it were the law. The Roman people, therefore, use a law that is partly peculiar to itself, partly common to all men." Hunter, Rom. Law, 38.

But this is not the only, or even the generally accepted, use of the words. What the Roman jurists had chiefly in view when they spoke of jus civile was not local as opposed to cosmopolitan law, but the old law of the city as contrasted with the newer law introduced by the praetor, (jus prœtorium, jus honorarium.) Largely, no doubt, the jus gentium corresponds with the jus honorarium: but the correspondence is not perfect. Id. 39.

• Jus civile est quod sibi populus constituit. "The civil law is what a people establishes for itself". Inst. 1, 2, 1; Jackson v. Jackson, 1 Johns. (N.Y.) 424, 426.

• Ius civitatus. The right of citizenship; the freedom of the city of Rome. It differs from jus quiritium, which included all the privileges of a free native of Rome. The difference is much the same as between "denization" and "naturalization". Wharton.
• Jus cloacae. In civil law, the right of sewerage or drainage. An easement consisting in the right to have a sewer, or conducint surface water, through the house or over the ground of one's neighbor. Macheld. Rom. Law, Section 317.
• Ius commune. In civil law, common right; the common and natural rule of right, as opposed to jus singulare. Mackeld. Rom. Law, Section 196.

In English law: the common law, answering to the Saxon folcright, 1. Bl. Comm. 67.

• Jus constitui oportet in his quae ut plurimum accidunt non quae ex inopinato. "Laws ought to be made with a view to those cases that happen most frequently, and not to those that are of rare or accidental occurrence". Dig. 1, 3, 3; Broom, Max. 43.
• Ius consumendi. See Ius abutendi.
• Jus coronae. In English law, the right of the crown, or to the crown; the right of succession to the throne. 1 Bl. Comm. 191; 2 Steph. Comm. 434.
• Jus cudendae monetae. In old English law, the right of coining money. 2 How. State Tr. 118.
• Jus curialitatis. In English law, the right of curtesy. Spelman.