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CIVIL LAW

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Originally appearing in Volume V06, Page 410 of the 1911 Encyclopedia Britannica.

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CIVIL

CIVIL See also:
LAW
LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
LAW, JOHN (1671—1729)
LAW, WILLIAM (1686-1761)
LAW , a phrase which, with its Latin See also:

EQUIVALENT

equivalent See also:

jus civile, has been used in a See also:

GREAT

great variety of meanings. Jus civile was sometimes used to distinguish that portion of the See also:

ROMAN

Roman law which was the proper or See also:

ancient law of the See also:

CITY (through Fr. cite, from Lat. civitas)

city or See also:

state of See also:

Rome from the jus gentium, or the law See also:

COMMON

common to all the nations comprising the Roman See also:

WORLD

world, which was incorporated with the former through the agency of the praetorian edicts. This See also:

HISTORICAL

historical distinction remained as a permanent principle of See also:

DIVISION (from Lat. dividere, to break up into parts, separate)

division in the See also:

BODY

body of the Roman law. One of the first propositions of the Institutes of Justinian is the following:—" Jus autem civile vel gentium ita dividitur. Omnes populi qui legibus et moribus reguntur See also:

PAR (Lat. par, equal)

par See also:

TAM, JACOB BEN MEIR (1100-1171)

tam silo proprio, partim communi omnium hominum jure utuntur; nam quod quisque populus ipsi See also:

SIBI

sibi jus constituit, id ipsius civitatis proprium est, vocaturque jus civile quasi jus proprium ipsius civitatis. Quod vero naturalis ratio inter omnes homines constituit, id apud omnes peraeque custoditur, vocaturque jus gentium quasi quo jure omnes gentes utuntur." The jus gentium of this passage is elsewhere identified with jus naturale, so that the distinction comes to be one between civil law and natural or divine law. The municipal or private law of a state is sometimes described as civil law in distinction to public or See also:

INTERNATIONAL, THE

international law. Again, the municipal law of a state may be divided into civil law and criminal law. The phrase, however,is applied par excellence to the See also:

SYSTEM

system of law created by the See also:

GENIUS (from Lat. genere, gignere)

genius of the Roman See also:

PEOPLE

people, and handed down by them to the nations of the See also:

MODERN

modern world (see ROMAN LAW). The civil law in this sense would be distinguished from the See also:

LOCAL

local or See also:

NATIONAL

national law of modern states. The civil law in this sense is further to be distinguished from that See also:

ADAPTATION (from Lat. adaptare. to fit to)

adaptation of its principles to ecclesiastical purposes which is known as the See also:

CANON

canon law (q.v.).

End of Article: CIVIL LAW

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