Codex Juris: Ius Gentium

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'''[[Codex Juris Novae Romae]]'''
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[[Category:Codex Juris Novae Romae]]
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'''INDEX''': Return to the '''''[[Codex Juris Novae Romae]]'''''.
  
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<div class="scriptum">
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== Ius Gentium ==
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The law that natural reason has established among all men and which is equally observed among all nations is called the ''law of nations'', as being ''the law that all nations use''. Although this phrase in Roman law had a meaning ''law of nations'', its scope was much wider than the modern concept of ''international law''. It was originally a system of law, or more properly, equity, gathered by early Roman lawyers and magistrates from the common ingredients in the customs of the old Italian tribes, those being the nations, gentes, whom they had opportunities of observing to be used in cases where the ''ius civile'' did not apply; that is, in cases between foreigners, or between a Roman citizen and a foreigner. The principle upon which they proceeded was that any rule of law common to all the nations they knew of must be intrinsically consonant to right reason, and therefore fundamentally valid and just. From this it was an easy transition to the converse principle, that any rule that instinctively commended itself to their sense of justice and reason must be a part of the ''ius gentium''. So the latter term eventually became synonymous with ''equity'' (as the Romans understood it) or the system of praetorian law.
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In early Roman law, it was used more specifically to describe the international law that governed Rome’s relationship with other states. Over time, the term would be employed more narrowly to represent the law that applied among foreigners, and among Romans and foreigners.
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__TOC__
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===Reserved===
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There is currently no legislation on this topic.
  
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==Why?==
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{| border="1" cellpadding="5" cellspacing="0" align="center" width="100%" 
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! style="background:#E6E6E6; text-align:center;" | '''Primary Legislation'''
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! style="background:#E6E6E6; text-align:center;" | '''Description'''
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! style="background:#E6E6E6; text-align:center;" | '''Modifying ''Leges'''''
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! style="background:#E6E6E6; text-align:center;" | '''Modifying ''Senatus Consulta'''''
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! style="background:#E6E6E6; text-align:center;" | '''Modifying ''Edicta'''''
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! style="background:#E6E6E6; text-align:center;" | '''Related or Complimentry Legislation'''
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! style="background:#E6E6E6; text-align:center;" | ''' General Praetores Commentary'''
  
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Why a codex? I think that's the first question that it is likely to be formulated facing a work about the laws and the other legal acts that creates the juridical system of Nova Roma. The answer is simple: when the number of laws, decrees and other subordinate legal acts reaches a certain critical mass, what follows is confusion, contradictory statements and the very certainty of the law, the very basis of a law system, is put in danger. When this situation comes in existence, it has always been the solution to produce a codification of the law, meaning, even before the actual production of a single book containing the laws, a work of analysis of the legal documents to ascertain what is still in force and what has been, expressly or not, abrogated.
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==Making the law accessible==
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What this codex intends to do is exactly to put some order in the abundant, sometimes written in a dubious legal form, often overlapping, legal and para-legal production of Nova Roma, trying to make the corpus juris novae romae as easily accessible by the every citizen as possible following the principle that the law is much less prone to be wrongly interpreted, enforced or abused as much as it is clear and well kwon by the community that under that law lives.
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==Organization of the Codex==
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However, a codification effort is always, by its nature, a subjective work. Sometimes, two legal provisions given in different times overlap, but not perfectly. Sometimes the interpreter has to make choices when it comes to establishing the extent of a law and deciding how to deal with it and make the appropriate links. Even the division of the legal acts into different categories is a subjective matter. It is only fair, therefore, to express some caveats:
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# This work is not, (or at least not yet at the time this is written), an official document of Nova Roma, the only official source for Nova Roma Legislation being the [[:Category:Legal system (Nova Roma)|Legal system]] of Nova Roma;
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# It follows from what is said above that the way this work has been composed and the comments that are and will be added to the various laws are the personal opinion of the writer or writers. This should always be kept in mind by the reader;
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# The division into categories has been done following the general principle of keeping with the order that to the various matters were given by the Constitution of Nova Roma, with some exception in those cases (like the Penal Category) where a new category seemed appropriate for practical reasons
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# I've decided to propose only the laws currently in force, as amended, and giving links to the amending documents. The laws that have been explicitly abrogated are not part of this Codex (even if they might be part of it in the future under an "Abrogated" section). The laws that have been implicitly abrogated in full or that have been partially abrogated are present with the abrogated text clearly marked and the appropriate reference to the abrogating law.
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# The decrees of the Senate and the Priestly decrees, for their special nature, have been included when they have a direct effect on the cives of Nova Roma. Decrees that estabilish internal procedures and appointments shall not be present in this Codex.
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# Magisterial decrees shall be added at a later time, at the bottom of the appropiate sections.
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In the hope that this work will be useful to the cives of Nova Roma and to their Magistrates,
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--[[Domitius Constantinus Fuscus (Nova Roma)|Domitius Constantinus Fuscus]] 01:54, 9 March 2006 (CST)
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==Thematic CJNR==
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Following the above consideration, I'm working on a more easy-to-read CNJR. [[User:Quintus_Iulius_Celsus|I'm working on a more easy-to-read CNJR]].
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[[User:Quintus Iulius Celsus|Quintus Iulius Celsus]] 15:11, 2 March 2007 (CET)
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[[Category:Codex Juris Novae Romae]]
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Revision as of 06:09, 13 November 2021

INDEX: Return to the Codex Juris Novae Romae.

Ius Gentium

The law that natural reason has established among all men and which is equally observed among all nations is called the law of nations, as being the law that all nations use. Although this phrase in Roman law had a meaning law of nations, its scope was much wider than the modern concept of international law. It was originally a system of law, or more properly, equity, gathered by early Roman lawyers and magistrates from the common ingredients in the customs of the old Italian tribes, those being the nations, gentes, whom they had opportunities of observing to be used in cases where the ius civile did not apply; that is, in cases between foreigners, or between a Roman citizen and a foreigner. The principle upon which they proceeded was that any rule of law common to all the nations they knew of must be intrinsically consonant to right reason, and therefore fundamentally valid and just. From this it was an easy transition to the converse principle, that any rule that instinctively commended itself to their sense of justice and reason must be a part of the ius gentium. So the latter term eventually became synonymous with equity (as the Romans understood it) or the system of praetorian law. In early Roman law, it was used more specifically to describe the international law that governed Rome’s relationship with other states. Over time, the term would be employed more narrowly to represent the law that applied among foreigners, and among Romans and foreigners.

Contents

Reserved

There is currently no legislation on this topic.

Primary Legislation Description Modifying Leges Modifying Senatus Consulta Modifying Edicta Related or Complimentry Legislation General Praetores Commentary


Retrieved from "http://novaroma.org/nr/Codex_Juris:_Ius_Gentium"
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