Latin Maxim Research Articles

Aspects Concerning the Penal Protection of the Freedom of Religious Beliefs

In the democratic society where religious pluralism exists alongside atheism and indifferentism, a major challenge is to reconcile the freedom of manifestation of beliefs with the freedom of expression in the public space.The conciliation of the two terms of the Latin maxim “give each their due” and “do no harm to anyone” requires a balanced approach and skill. At European and national level too, efforts are made to enact norms that regulate the relations between religious and non-religious persons in the spirit of respect for freedoms but also in order to protect them.The Venice Commission is among the organisations that have focused on this issue. Through its opinions and the recommendations it has made, it has expressed points of view that have modified or complemented the legislation of certain European states in matters related to the protection of religious freedom, sometimes even through criminal law norms.At the national level, the decisions of the Constitutional Court of Germany are notable, as it has decided on several cases involving controversies due to the scope of the manifestation of the freedom of religious beliefs.I aim to explore these aspects in the paper with the above title by comparison with the legislation and jurisprudence of Romania.The present study will close with conclusions and proposals on the penal protection of the freedom of manifestation of religious beliefs in Romania.

Clinical Legal Education and Cultural Relativism – The Realities in the 21st Century

<p>‘Ubi jus ibi remedium’ is a Latin maxim that means ‘where there is a wrong, there is a remedy’. Human rights are expected to be universal and applicable to every human being. In reality not all rights guaranteed in the International Instruments are applicable in some African societies with different culture, religion and norms. Culture shapes the identity of people generally in Africa and elsewhere thus the issue of Cultural Relativism is germane to the very existence of people of African descent. </p><p>International Convention and Instruments provide for Women’ Rights generally and particularly the Right to life.</p><p>The experience in the Women’s Law Clinic (the clinic) of the University of Ibaden has shown the imbalance between Clinical Legal Education (CLE) and the realities in practice. </p><p>This paper considers the cultural practices in some societies in Nigeria, the techniques of CLE adopted in the clinic and the challenges of the 21st Century.</p>

Importance & Significance of Damages as a Remedy for Breach of Contract

Where a party performing a contract does not do so to the standard required by the contract or within the time frame set, that party is said to have committed breach of contract. A contract, being a fountainhead of a correlative set of rights and obligations for the parties would be of no value, if there were no remedies to enforce the rights arising thereunder. The party committing breach of contract is known as the ‘guilty party’ and the other party is known as the ‘injured’ or ‘aggrieved’ party. The latin maxim ‘ubi jus, ibi remedium’ denotes ‘where there is a right, there is a remedy’. The word ‘damages’ means monetary compensation for loss suffered. Whenever a breach of contract takes place, the remedy of damages is the one that comes to mind immediately as the consequence of breach. A breach of contract may put the aggrieved party to some disadvantage or inconvenience or may cause a loss to him. The court would desire the guilty party to accept responsibility for any such loss of the aggrieved party and compensate him adequately. The quantum of damages is determined by the magnitude of loss caused by the breach. Damages are meant to compensate the injured party for any consequences of the breach of contract. The underlying principle is to put the injured party financially as near as possible, into the position he would have been in had the promise been fulfilled.

LATIN MAXIMS AND PHRASES IN THE POLISH, ENGLISH AND FRENCH LEGAL SYSTEMS – THE COMPARATIVE STUDY

Abstract The aim of this research paper is to examine Latin in the context of legal translation between the Polish, English and French languages. Latin ap- pears in contemporary legal discourse in the form of maxims, short phrases and terms. Even though it constitutes an integral element of legal drafting, Latin often attracts little attention from legal translators. It is falsely assumed that Latin elements of the text do not require translation due to several miscon- ceptions related to the Latin language. Firstly, Latin is generally perceived as a global language with no local variations in form. Secondly, Latin is believed to be the universal point of reference in international communication (which is true only in the case of the natural sciences). Thirdly, Latin legal phrases or maxims are thought to originate solely from Roman law, thus they express only Roman legal thought. In the first part of the paper we will address the above issues. To this end, we will briefly discuss the historical presence of Latin in the European lin- guistic context. We will then present the results of our research into the use of Latinisms in the Polish, French and English legal systems. The subject of our research was a set of twenty Latin maxims and phrases that frequently appear in the decisions of the Polish courts. During the first stage of the analysis, the items in question were verified in Legalis (the on-line service devoted to Polish law). The second stage of the research involved the consultation of monolingual dictionaries of French and English legal language to verify the universal charac- ter of the analyzed Latinisms. During the third stage of the analysis, we looked at the practical use of Latinisms in online databases of legal texts (Dalloz.fr, Westlaw International). The paper concludes with some comments on Latinisms in lexicographical publications and online sources.

Lex posterior derogat priori, lex specialis derogat generali Jalons pour une histoire des conflits de normes centrée sur ces deux solutions concurrentes

Lex posterior derogat priori, lex specialis derogat generali, Guidelines for a history of conflicting norms with a focus on these two competing solutions. – The two Latin maxims, Lex posterior derogat priori and Lex specialis derogat generali, sometimes presented as evidentially logical, have a complex history and a delicate relationship (whereas the latter can contradict the former). They take their origins in the Digest, but in rather paradoxical forms: Lex posterior is coming from a text written in Greek by Modestinus, lex generalis is induced from a general regula exposed by Papinianus. How have these two ways of resolving the problem of conflicting norms emerged in Roman law? How have they been quoted and explained in canon and in civil law during the Middle Ages? How have they been used by sovereigns and in which scope do they serve the foundations of modern States? This paper tries to answer these questions by analyzing texts where the two maxims are mentioned and proposes to treat this subject as a significant chapter of the history of the sources of law.

Disappearance and New Sightings of Restrictive Interpretation(s)

This article looks to the first formulations of �restrictive interpretation� to identify with precision the content and meaning of this rule. First Vattel affirmed that odious clauses should be interpreted restrictively. Then, under the Permanent Court and the first decades of the ICJ, a restrictive interpretation emerged in favour of state sovereignty. Later, with the approval of the Vienna Convention on the Law of Treaties in 1969, the interpretation favourable to state sovereignty was abandoned in favour of an alleged neutral way of interpreting treaties. However, a new restrictive interpretation (of sovereignty) was established, as an expression of the new values emerging in international law. This interpretation was obtained by means of the application of the Vienna Convention on the Law of Treaties, an explicit argument, and Latin maxims. Through a parallel analysis of jurisdictions which hear claims between private parties and states, such as the Strasbourg and the San Jose Courts, and the ICSID arbitrations, the article reaches the conclusion that this mode of interpretation reveals some inconsistencies. It concludes, however, that international law already has the means to address these issues.

Statehood, Effectiveness and the Kosovo Declaration of Independence

Although many attempts, States failed to find a general definition of statehood. The most authoritative description of the constitutive elements of statehood is contained in Article 1 of the 1933 Montevideo Convention on the Rights and Duties of States, in which four criteria must be satisfied in judging statehood. They include the requirements that the putative state must occupy a defined territory, must operate effective government over the extent of such territory and must be in possession of a permanent population. Finally, the claimant to statehood must have the capacity to engage in international relations, taken to include the ability to fulfill treaty obligations. These criteria are also referred to as the traditional criteria for statehood. The traditional criteria of statehood are based on 'effectiveness' and such on the Latin maxim 'ex factis jus oritur' which means that certain legal consequences are attached to particular facts. However, the relevance of effectiveness is not, always, complete. State practice shows that a new criterion based on legality has to be taken into consideration in 'exceptional cases'. On 20 February 2008, Kosovo unilaterally declared itself independent. This declaration has been followed by its recognition from a number of States. Nonetheless, the formation of statehood is independent of recognition. In order to become a State, Kosovo has, firstly, to effectively fulfill the requirements of statehood stated in the Montevideo Convention and secondly, to have been created lawfully.

Balancing Liberty and Security: From the Early Republic to the War on Terror

The eternal question posed by students, “Why do I have to learn this?” is being answered for them every day in the newspapers and on television with respect to the balance of liberty and security in time of war. Teachers often express the need for focused materials that approach this question from both historical and modern perspectives, and this high-school lesson provides that. The Latin maxim, Inter arma enim silent leges, translated, “In time of war the laws are silent” expresses the doctrine that security trumps liberty in wartime, but in this lesson, student will ask, “Is liberty necessarily the price of security? How have United States governments justified the curtailment of liberty in wartime?” This lesson presents students and teachers with hands-on focus activities, student manipulatives and role-plays, and primary source document analyses that will lead students to appraise the cost of security and whether the Constitution can be preserved by being abridged.

The Routledge dictionary of Latin quotations: the illiterati's guide to Latin maxims, mottoes, proverbs, and sayings

Preface References and Sources Pronunciation Guide Alphabetical and Chronological Lists of Major Authors Cited The Routledge Dictionary of Latin Quotations: Section One: Latin Proverbs and Maxims Section Two: Latin Mottoes and Catchphrases Section Three: Familiar Latin Quotations Index of Familiar Phrases

Kend dig selv: Om det sociale individ og det sunde samfund

Kend dig selv: Om det sociale individ og det sunde samfund[Know yourself: On the social individual and the healthy society]By Regner BirkelundOn the basis of a speech Gr held at Marielyst Highschool in 1862, the significance of the ancient Greek ideal of enlightenment, embodied in the Latin maxim Nosce te ipsum [Know yourself], is explored, which can be taken back to the Oracle at Delphi but which was also a central turning-point in both Plato’s and Aristotle’s pedagogic and social thinking. Partly by introducing the Greek ideal of enlightenment into his speech, Gr reveals a Greek dimension to his ideas on lifeenlightenment and social communality which has hitherto been only sporadically focussed upon in Grundtvig scholarship. This perception, that the expression ‘Know yourself simultaneously refers itself to an act of cognition and to the development of an innate potential for ethical engagement, is substantiated and placed in relationship to Gr’s concept of the divine image in humanity.

Latin Maxims and Expressions in English, Estonian and Polish Legal Language in the Aspect of Translation

This paper discusses the history of Latin maxims and expressions in English, Estonian and Polish legal languages and the influence of Latin on contemporary legal language and its translation. A number of maxims and expressions were examined by comparing their present meanings in those three legal systems. A selection of fifteen of them is presented in the article, namely: ab intestato, corpus iuris civilis, error iuris, fraus est celerem fraudem, ignorantia iuris neminem excusat, impossibilium nulla est obligatio, inter arma silent leges, ipso iure, lex non scripta, pacta sunt servanda, qui tacet – consentire videtur, restitutio in integrum,m sub iudice, and summum ius summa iniuria. The term Actio Pauliana which is used in the bankruptcy law is used here to show how translators may use Latin terms in order to find proper translation equivalents. Finally, the authors point out the differences in pronunciation and spelling of Latin maxims and expressions in English, Estonian and Polish.

The historical relationship of elms and vines

In Spanish, the expression «You cannot ask an elm for pears» denotes something that is impossible. Although its origin is unknown, it can be dated back to the 1st century BC, when appeared the Latin maxim Pirum, non ulmum accedas, si cupias pira (You should go to a pear-tree for pears, not to an elm), a sentence from which we believe the Spanish saying comes. The objective of this paper is to show how the historical relationship of elms and vines can be related to these expressions, because elms did not give pears but, figuratively, did give grapes. The cultivation of vines was soon included among the domestic plants at the beginning of the Neolithic Age. During the Assyrian Empire (7th century BC), vines are represented growing up around pine-like trees. The first documentary evidence of the marriage between elms and vines is found in the Ancient Greece: a wine called Pteleaikós oinos is mentioned, which refers to the region where it was produced, Ptelea (Elm). During the Roman Ages, the cultivation of vines married to elms became more important as it is reflected in the treatises in agriculture. This technique was so common that it appears recurrently as a topic in Poetry and Drama. The classical books were copied during the Middle Ages, and only the Arabian agronomists in the Iberian Peninsula gave new evidence of the relationship between vines and elms in the 12th century. Some four hundred years later the use of elms as props for vines was rare in Spain and, although not to elms, the marriage of vines to trees lasted in the South of Spain until the 19th century. In Italy, elms and vines were even planted together in the 20th century, before the Dutch Elm Disease began to kill the plantations of trees and farmers were forced to replace them with poles.

The Disenchanted Self: Representing the Subject in the Canterbury Tales by H. Marshall Leicester, Jr.

REVIEWS the "optimist" readers who believe that Langland was announcing the coming of a better world, she is unlikely to convert the Langland pessimists who think that the author of Piers could hardly have been an optimist since there is no clearly optimistic statement about the future at poem's end. Be that as it may, this study is so thoughtful, original, and well informed that every open-minded student of Piers Plowman is bound to profit from it. ROBERT E. LERNER Northwestern University H. MARSHALL LEICESTER, JR. The Disenchanted Self Representing the Subject in the Canterbury Tales. Berkeley, Los Angeles, and London: University of California Press, 1990. Pp.xii, 451. $55.00 cloth, $17.95 paper. On the one hand, we have in Marshall Leicester a critic so congenially in the groove of traditional, not to say old-fashioned, Chaucer studies that he can say as he begins his peroration, "What seem to me to be the two best treatments of the General Prologue, E. Talbot Donaldson's 'Chaucer the Pilgrim,' and Jill Mann's Chaucer and Medieval Estates Satire, between them outline the general structure of Chaucerian practice in the Canter­ bury Tales, the telling of tales as the interaction between a subject and an institution" (p. 383). On the other hand, the chapter that he begins that way, "Conclusion: The Disenchanted Self," is headed by three epigraphs. One is a well-known couplet from The Canon's Yeoman's Prologue, "'I am nat wont in no mirour to prie / But swynke soore and lerne multiplie' " (lines 668-69), but the other two, which bracket the Chaucerian lines at the top of the page, are fromJacques Derrida's "Structure, Sign, and Play in the Discourse of the Human Sciences" and from Roland Barthes's The Pleasure ofthe Text. And by the time the readers reach this point, more than nine­ tenths of the way through this dense and intricate study, nothing would surprise them less than this matter-of-fact juxtaposition. Leicester's book, like the contributions of Donaldson, Mann, Hoffman, Muscatine, and all the other giants in the history of Chaucerian scholarship and commentary, sits even now at a crucial point in the path of further explorationsof the meaningand significance of the Chaucer canon: there is no way past them but through them. That is, such works, Leicester's 167 STUDIES IN THE AGE OF CHAUCER included, will need to be cited not to show respect for one's predecessors, or evento show the proper scholarly diligence in cultivating one's Sitzfleisch in the carrels, but simply because each of them contributes tothe understand­ ing of our subject in such a way that to ignore them is to be, well, ignorant. Well, what, then, is Leicester doing? He is trying to understand how the various narrating voices of The Canterbury Tales do their job and what job it is they end up doing. To this end he concentrates on only a few of the many narrators involved, but on the ones for whom his sharply observed distinc­ tions make the greatest difference, which turns out to mean, in the main, the most interesting ones: the narrator of The General Prologue, the Knight, the Wife of Bath, the Pardoner. Along the way many other narrators and tales come into play-almost all of them, in fact-but The DisenchantedSeifis not areading of The Canterbury Tales as a whole. It is a form of analytical play, and this play is directed toward the intertwinings, the intricacies, and the puzzles that attend the shadowy alternations of narrational presence and absence. Like all other modern theorists from Saussure forward, Leicester is fond of distinctions-between "self" and "subject," between "masculine" and "feminine" forms of disenchantment-fond of establishing categories and terms, especially those that can be delivered to us already compromised by the self-effacement of ironic figuration-"Leicester's razor," for example, which is the name he bestows on his Latin maxim, "Narratores non sunt multiplicandi sine absolute necessitate," and fond of every kind of verbal play that is strong enough to bear the title of wit, whether it originates in Lacan-/e Nom-du-Pere, le Non-du-Pere...

Voltaire and the Classics the Testimony of the Correspondence1

The loom of classical antiquity in the Voltaire correspondence has been neglected in the past because of the lack of a definitive edition of the letters. the Besterman edition now permits a view of Voltaire as the man who moulds the cadences of classical antiquity into a personal and pliant tool which he uses to embellish a formidable prose style.Voltaire uses quotations from the Latin and Greek authors because they constitute a repository of learned commentary on the futility of the human enterprise, the fragility of man, and the inconclusive nature of metaphysical speculation ‐ themes which find resonances in Voltaire's own view of the world.As a superb stylist Voltaire appropriates the images of classical literature in order to draw analogies with contemporary phenomena. the decorative deployment of Greek and Latin maxims (the latter primarily) is a most impressive tribute to Voltaire's classical education. the language of the ancients becomes with Voltaire a kind of 18th‐century précieux language with which he dazzles his correspondents in a virtuoso performance unrivalled in his time. He not only illuminates the classical world in his letters but thereby invests his own writing with a vitality that demands admiration.

Par in Parem non Habet Imperium

Lawyers in general, and international lawyers in particular, seem to suffer from what may be termed “the Latin formula syndrome”. In almost every branch of international law, one is faced with well-known epigrams of sententiousness drawn from the cornucopian source of ancient Latin phraseology. These venerable maxims, a legacy of the immense influence that Roman and Ecclesiastical law wielded on the fathers of modern international law, are in many respects very useful. In a few choice words, they epitomize fundamental ideas that may otherwise require verbose explanations, and they serve as a beacon for those groping their way in the legal dark. Unfortunately, however, laconic adages in general tend to be over-simplified, and, what is worse, as a result of constant and mechanical repetition, they are apt to lose their contact with reality and become petrified. If the law of nations is to be not merely “the law of notions”, but also the law of motion and animation, the epitaphs reflecting its major precepts must be reexamined every so often, else the mortmain of once flourishing but now barren concepts will keep it in a strangle-hold.One of the more important of the Latin maxims that abound in international law is the general principle par in parem non habet imperium. This principle is commonly regarded as the starting-point for any venture into the field of State immunities, and it has even been said that“There is no principle of international law more fundamental or more universally accepted than this”.

Discovery of Patent Infringement

A GRANT by letters patent confers upon its owner a 17-year-long privilege to exclude others from making, using, and selling the patented invention. The invasion of this right is called infringement, and the invader may be made answerable at law and in equity to be enjoined from future violations and to pay damages. The statute provides for patent enforcement in the federal courts and such an action is usually instituted by patentee or his assignee. As in all civil actions, the Latin maxim of law probandi necessitas incumbit illi qui agit—the necessity of proving rests upon him who sues—controls the proceedings. The defendant, has the right to plead noninfringement and in validity of the patent, which entails a complete reexamination and interpretation of the claims before the court and which all too frequently results in a restriction or revocation of the monopoly previously acquired. Before a patentee embarks upon a costly and cumbersome infringement suit, ...

A Concise Law Dictionary for Students and Practitioners with Summaries of the Leading Cases and a Translation of Roman Law Terms and Latin Maxims. By P. G. Osborn, LL.B., of University College, London, of Gray's Inn, Barrister-at-Law and of the Inland Revenue Department. London: Sweet & Maxwell, Ltd.1927. (15s.)

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Source of Latin Maxim Wanted

Source of Latin Maxim Wanted

Latin maxims

Latin maxims Get access Edmund Venables Edmund Venables Search for other works by this author on: Oxford Academic Google Scholar Notes and Queries, Volume s7-I, Issue 16, 17 April 1886, Page 306, https://doi.org/10.1093/nq/s7-I.16.306c Published: 17 April 1886