单词 | civil law |
释义 | civil lawn. 1. Frequently with the. Roman law; any of various legal systems or codes historically derived from Roman law. Cf. civil adj. 12a.In early use often opposed to canon law.Most legal systems of continental Europe are derived from Roman civil law, as is the Scottish legal system. These are distinguished from the common law systems of much of the English-speaking world, and legal systems based on religious law or customary law. ΘΚΠ society > law > system of laws > [noun] > Roman civil law?a1500 Roman lawa1533 civil right?1614 society > law > branch of the law > [noun] > civil or Roman law civilc1390 civil law?a1500 Roman lawa1533 civil right?1614 1400 in W. Fraser Mem. Maxwells of Pollok (1863) I. 141 Na remede of lach canoun na ciuyle to be proponit in the contrary. ?c1430 (?1383) J. Wyclif Sel. Eng. Wks. (1871) III. 326 Þe pope forbediþ prestis to here lawe cyvyl.] a1500 R. Henryson tr. Æsop Fables: Lion & Mouse l. 1373 in Poems (1981) 56 I..In ciuile law studyit full mony ane day. 1513 Earl of Worcester et al. Let. 19 Aug. in J. Strype Eccl. Memorials (1721) I. i. i. 6 (modernized text) If any Doctors of Civil Law, and Languaged, might be found in England, they would be most fit to serve his Grace there. 1577 H. I. tr. H. Bullinger 50 Godlie Serm. I. ii. i. sig. G.vi/2 There are an innumerable company of examples in the ciuil lawe and constitutions of the Emperours, especially of Iustinian. 1602 W. Fulbecke (title) The second part of the Parallele, or Conference of the Ciuill Law, the Canon Law, and the Common Law. 1724 J. B. tr. C. Fleury Hist. Origine French Laws Pref. p. vii Stephen..put out an Edict against the Study of the Civil Law at Oxford..to silence Vicarius, who began to profess and teach it in that University. 1751 S. Johnson Rambler No. 125. ⁋1 It is one of the maxims of the civil law that definitions are hazardous. 1808 W. Selwyn Abridgem. Law Nisi Prius II. xxi. 776 This head of revocation was originally borrowed from the civil law. 1837 J. R. McCulloch Statist. Acct. Brit. Empire II. v. i. 474 Trinity Hall... Its twelve fellowships are usually held by graduates in the civil law. 1896 Central Law Jrnl. 23 Oct. 343/2 The expression [‘proxy’] comes to us from civil law, and it is said to be a contraction of the word ‘procuracy’. 1914 Amer. Polit. Sci. Rev. 8 304 A contract without consideration, or a nudum pactum, in the common law, not the civil law sense. 1953 Amer. Hist. Rev. 59 105 Far from being associated with tradition in English politics, the civil law..was under Henry VIII the characteristic instrument of reform. 2004 H. Kennedy Just Law (2005) ii. 56 European and other civil law systems with written constitutions have traditionally resisted extradition. 2. A law applicable to the members of a city, state, etc.; the internal law of a city, state, etc., as distinguished from international law. Cf. municipal law n. at municipal adj. 1. ΘΚΠ society > law > branch of the law > [noun] > civil law of city or state civil law?1541 society > law > branch of the law > [noun] > law of the land or municipal law land-rightOE land's lawc1000 common lawa1393 civil law?1541 municipal law?c1550 municipals1586 ?1541 M. Coverdale Confut. Standish sig. i vv Sure I am, that like as the ciuile lawes of euery realme..condemne such as are accused by the mouthes of many witnesses, so do false witnesses oft tymes bring to death, euen innocent persons. 1651 T. Hobbes Leviathan xxvi. 137 Civil Law, Is to every Subject, those Rules, which the commonwealth hath Commanded him..for the Distinction of Right, and Wrong. 1765 W. Blackstone Comm. Laws Eng. I. Introd. §2. 44 Municipal or civil law; that is, the rule by which particular districts, communities, or nations are governed. 1865 A. D. Richardson Beyond Mississippi (1867) 487 The power [in Montana] is vested in the ‘Vigilantes’, a secret tribunal of citizens, organized before civil laws were framed. 1880 J. Muirhead tr. Gaius Institutes i. 1 What each people has established on its own account is peculiar to itself, and is called its civil law. 1922 Hispanic Amer. Hist. Rev. 5 605 The power of the great planters was indeed feudalistic, their patriarchalism being hardly restricted by civil laws. 1953 Amer. Jrnl. Compar. Law 2 146 Jewish law has been a living law for many centuries. In the ancient Jewish state, it was the civil law of the state. 1999 J. Elliot Unexpected Light (2000) ii. 78 It would be cold and the passes were high. Then there was the war, and the utter lack of civil law..factors perfect for a spirited expedition. 3. The branch of law concerned with private relations between individuals, as opposed to criminal proceedings (cf. private law n. at private adj.1, adv., and n. Compounds 2). Also: the body of law relating to the community of ordinary citizens and the rules that govern them, as distinguished from military law, ecclesiastical law, commercial law, etc. Cf. civil adj. 12b. ΘΚΠ society > law > branch of the law > [noun] > private law private lawa1638 civil law1651 private international law1834 1651 W. G. tr. J. Cowell Inst. Lawes Eng. ii. xvii. 133 A mans will..according to the Civill Law is ambulatory, or alterable, untill Death. 1671 Bp. S. Parker Def. Eccl. Politie v. 407 All the Civil Laws of Commonwealths are apparently as chargeable with this sort of Usurpation, as any of our Ecclesiastical Constitutions. 1780 J. Bentham Introd. Princ. Morals & Legisl. (1789) xvii. p. cccxxvii What is a penal code of laws?.. Is it that there are two sorts of laws, the one penal the other civil; so that the laws in a penal code are all penal laws, while the laws in a civil code are all civil laws? 1833 Law Mag. 9 78 While private individuals are to consider only their duties as private citizens the soldier is bound by military as well as civil law. 1837 in W. Stokes Anglo-Indian Codes (1887) I. Gen. Introd. p. xi The Penal Code cannot be..explicit while the substantive civil law and the law of procedure are..confused. 1846 H. H. Wilson Hist. Brit. India 1805–35 II. ix. 395 In the administration of civil law, Panchayats were had recourse to, while criminal cases were investigated by the British functionaries in person. 1918 Yale Law Jrnl. 27 592 Acts affected with a private penalty thus appear as quasi crimes, placed in an intermediate zone between the jurisdiction of the civil law and that of the criminal law. 1970 N.Y. Times 23 Aug. 38/4 Until recently pro bono practitioners confined themselves to the representation of individual indigent clients in criminal and civil law. 1989 Israel Law Rev. 23 525 The question is whether it is sufficient for the child to be a Moslem according to civil law to determine that only the Moslem Religious court has jurisdiction over the matter. 2006 R. L. Miller & G. A. Jentz Business Law Today (ed. 7) vi. 171 The whole body of tort law, which deals with the infringement by one person on the legally recognized rights of another, is also an area of civil law. This entry has been updated (OED Third Edition, November 2010; most recently modified version published online March 2022). < |
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