allegiance

Obligation of fidelity and obedience to government in consideration for protection that government gives. (Black's 5th)

Black's 5th

body politic or corporate

A social compact by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good. Uricich v. Kolesar, 54 Ohio App. 309, 7 N.E.2d 4 13, 4 1 4. Also a term applied to a municipal corporation, school district, county or city. State or nation or public associations. Utah State Building Commission, for Use and Benefit of Mountain States Supply Co., v. Great American Indemnity Co., 105 Utah 1 1 , 140 P.2d 763, 767. (Black's 5th)

Black's 5th

citizen

One who, under the Constitution and laws of the United States, or of a particular state, is a member of the political community, owing allegiance and being entitled to the enjoyment of full civil rights. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. U.S.Const., 14th Amend. (Black's 5th)

Black's 5th

common law

1. As distinguished from the Roman law, the modern civil law, the canon law, and other systems, the common law is that body of law and juristic theory which was originated, developed, and formulated and is administered in England, and has obtained amongst most of the states and peoples of Anglo-Saxon stock. Lux v. Haggin, 69 Cal 255, 10 Pac. 674. 2. As distinguished from law created by the enactment of legislatures, the common law comprises the body of those principles and rules of action, relating to the government and security of persons and property, which derive their authority solely from usages and customs of immemorial antiquity, or from the judgments and decrees of the courts recognizing, affirming, and enforcing such usages and customs; and in this sense, particularly the ancient unwritten law of England. Western Union Tel. Co. v. Call Pub. Co., 181 U. S. 92, 21 Sup. Ct. 561, 45 L. Ed. 765; State v. Buchanan, 5 Har. & J. (Md.) 365, 9 Am Dec. 534; Barry v. Port Jervis, 64 App. Div. 268, 72 N. Y. Supp. 104. 3. As distinguished from equity law, it is a body of rules and principles, written or unwritten, which are of fixed and immutable authority, and which must be applied to controversies rigorously and in their entirety, and cannot be modified to suit the peculiarities of a specific case, or colored by any judicial discretion, and which rests confessedly upon custom or statute, as distinguished from any claim to ethical superiority. Klever v. Seawall, 65 Fed. 395, 12 C. C. A. 661. 4. As distinguished from ecclesiatical law, it is the system of jurisprudence administered by the purely secular tribunals. (Black's 2nd)

Black's 2nd
As distinguished from law created by the enactment of legislatures, the common law comprises the body of those principles and rules of action, relating to the government and security of persons and property, which derive their authority solely from usages and customs of immemorial antiquity, or from the judgments and decrees of the courts recognizing, affirming, and enforcing such usages and customs; and, in this sense, particularly the ancient unwritten law of England. The "common law" is all the statutory and case law background of England and the American colonies before the American revolution. People v. Rehman, 253 C.A.2d 1 19, 61 Cal.Rptr. 65, 85. "Common law" consists of those principles, usage and rules of action applicable to government and security of persons and property which do not rest for their authority upon any express and positive declaration of the will of the legislature. Bishop v. U. S., D.C.Tex., 334 F.Supp. 415, 4 1 8. As distinguished from ecclesiastical law, it is the system of jurisprudence administered by the purely secular tribunals. (Black's 5th)

Black's 5th
n.[fr. Law French commen ley "common law"] 1. The body of law derived from judicial decisions, rather than from statutes or constitutions; CASELAW <federal common law>. Cf. STATUTORY LAW. [Cases: Common Law 1. C.J.S. Common Law sections 1-4, 21.] "Historically, [the common law] is made quite differently from the Continental code. The code precedes judg-ments; the common law follows them. The code articulates in chapters, sections, and paragraphs the rules in accordance with which judgments are given. The common law on the other hand is inarticulate until it is expressed in a judgment. Where the code governs, it is the judge's duty to ascertain the law from the words which the code uses. Where the common law governs, the judge, in what is now the forgotten past, decided the case in accordance with morality and custom and later judges followed his decision. They did not do so by construing the words of his judgment. They looked for the reason which had made him decide the case the way he did, the ratio decidendi as it came to be called. Thus it was the principle of the case, not the words, which went into the common law. So historically the common law is much less fettering than a code." Patrick Devlin, The Judge 177 (1979). (Black's 8th)

Black's 8th
LAW, COMMON. The common law is that which derives its force and authority from the universal consent and immemorial practice of the people. It has never received the sanction of the legislature, by an express act, which is the criterion by which it is distinguished from the statute law. It has never been reduced to writing; by this expression, however, it is not meant that all those laws are at present merely oral, or communicated from former ages to the present solely by word of mouth, but that the evidence of our common law is contained in our books of Reports, and depends on the general practice and judicial adjudications of our courts. 2. The common law is derived from two sources, the common law of England, and the practice and decision of our own courts. In some states the English common law has been adopted by statute. There is no general rule to ascertain what part of the English common law is valid and binding. To run the line of distinction, is a subject of embarrassment to courts, and the want of it a great perplexity to the student. Kirb. Rep. Pref. It may, however, be observed generally, that it is binding where it has not been superseded by the constitution of the United States, or of the several states, or by their legislative enactments, or varied by custom, and where it is founded in reason and consonant to the genius and manners of the people. (Bouvier's dictionary of law)

Bouvier's dictionary of law

contra proferentem

Used in connection with the construction of written documents to the effect that an ambiguous provision is construed most strongly against the person who selected the language. U. S. v. Seckinger, 397 U.S. 203, 2 1 6, 90 S.Ct. 880, 25 L.Ed.2d 224. (Black's 5th)

Black's 5th

corrupt

(v.) mid-14c., "contaminate, impair the purity of," from Latin corruptus, past participle of corrumpere (see corrupt (adj.)). Late 14c. as "pervert the meaning of," also "putrefy." Related: Corrupted; corrupting.

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due course of law

This phrase is synonymous with "due process of law," or "the law of the land," and the general definition thereof is "law in its regular course of administration through courts of justice". (Black's 5th (1979))

Black's 5th (1979)

humanism

It is in precisely these terms that humanitas is first defined and pursued. Homo humanus positions himself in opposition to homo barbarus. And homo humanus means in this instance the Roman, he who embodies Roman virtus and improves himself by 'colonising' what the Greeks called paideia ... Paideia in this sense is carried over into humanitas ... It is in Rome that we encounter the first humanism. (Heidegger 1976: 320) (Humanism, Tony Davies)

Humanism, Tony Davies
Above all: "appellari ceteros homines, esse solos eos, qui essent politi propriis humanitatis artibus" (De re publica I, xvii, 28).[29] "Thus, not all men are humani or demonstrate humanitas. Only in the civilization of the Roman Empire and its social order does humanitas count as an educational value and socio-ethical virtue. Those who live outside the Empire are not yet fully 'human,' they are 'barbarians'. (Hendrik Birus)

Hendrik Birus Link

law of the land

Due process of law (q. v.). By the law of the land is most clearly intended the general law which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial. Dupuy v. Tedora, 204 La. 560, 15 So.2d 886, 89I: The meaning is that every citizen shall hold his life, liberty, property, and immunities under the protection of general rules which govern society..- 'See Due process of law. (Black's 5th)

Black's 5th

lex non scripta

The unwritten or common law, which includes general and particular customs, and particular local laws. (Black's 5th)

Black's 5th

lex scripta

Written law; law deriving its force, not from usage, but from express legislative enactment; statute law. (Black's 5th)

Black's 5th

lex terre

The law of the land. The common law, or the due course of the common law; the general law of the land. Equivalent to "due process of law". In the strictest sense, trial by oath; the privilege of making oath. (Black's 5th)

Black's 5th

libera lex

In old English law, free law; frank law; the law of the land. The law enjoyed by free and lawful men, as distinguished from such men as have lost the benefit and protection of the law in consequence of crime. Hence this term denoted the status of a man who stood guiltless before the law, and was free, in the sense of being entitled to its full protection and benefit. Amittere liberam legem (to lose one's free law) was to fall from that status by crime or infamy. (Black's 5th)

Black's 5th

natural rights

Those rights then which God and nature have established, and are therefore called natural rights, such as are life and liberty, need not the aid of human laws to be more effectually invested in every man than they are; neither do they receive any additional strength when declared by the municipal laws to be inviolable. On the contrary, no human legislature has power to abridge or destroy them, unless the owner shall himself commit some act that amounts to a forfeiture. (Blackstone's Commentaries, introduction section ii)

Blackstone's Commentaries, introduction section ii

person

A man considered according to the rank he holds in society, with all the rights to which the place he holds entitles him, and the duties which it imposes. 1 Bouv. Inst. no. 137. A human being considered as capable of having rights and or being charged with duties, while a "thing" is the object over which rights may be exercised. (Black's 2nd (1910))

Black's 2nd (1910)
In general usage, a human being (i.e. natural person), though by statute term may include a firm, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. National Labor Relations Act, sect 2 (1). (Black's 5th (1979))

Black's 5th (1979)
1. A human being. - Also termed natural person. 2. The living body of a human being <contraband found on the smuggler's person>.3. An entity (such as a corporation) that is recognized by law as having the rights and duties of a human being. In this sense, the term includes partnerships and other associations, whether incorporated or unincorporated."So far as legal theory is concerned, a person is any being whom the law regards as capable of rights and duties. Any being that is so capable is a person, whether a human being or not, and no being that is not so capable is a person, even though he be a man. Persons are the substances of which rights and duties are the attributes. It is only in this respect that persons possess juridical significance, and this is the exclusive point of view from which personality receives legal recognition." John Salmond, Jurisprudence 318 (Glanville L. Williams ed., 10th ed. 1947). (Black's 8th (2004))

Black's 8th (2004)

personal action

In the civil law. An action in personam. A personal action seeks to enforce an obligation imposed on the defendant by his contract or delict; that is, it is the contention that he is bound to transfer some dominion or to perform some service or to repair some loss. Gaius, bk 4, sect 2(1). (Black's 2nd (1910))

Black's 2nd (1910)

pervert

(v.) c.1300 (transitive), "to turn someone aside from a right religious belief to a false or erroneous one," from Old French pervertir "pervert, undo, destroy" (12c.) and directly from Latin pervertere "overthrow, overturn," figuratively "to corrupt, subvert, abuse," literally "turn the wrong way, turn about," from per- "away" (see per) + vertere "to turn" (see versus).

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rule of law

A legal principle, of general application, sanctioned by the recognition of authorities, and usually expressed in the form of a maxim or logical proposition. Called a "rule," because in doubtful or unforeseen cases it is a guide or norm for their decision. The rule of law, sometimes called "the supremacy of law", provides that decisions should be made by the application of known principles or laws without the intervention of discretion in their application. See e.g. Rule against perpetuities, supra; also, Shelley's Case, Rule in. (Black's 5th (1979))

Black's 5th (1979)

sources of the law

The origins from which particular positive laws derive their authority and coercive force. Such are constitutions, treaties, statutes, usages, and customs. In another sense, the authoritative or reliable works, records, documents, edicts, etc., to which we are to look for an understanding of what constitutes the law. Such, for example, with reference to the Roman law, are the compilations of Justinian and the treatise of Gaius; and such, with reference to the common law, are especially the ancient reports and the works of such writers as Bracton, Littleton, Coke, Fleta, Blackstone, and others. (Black's 5th (1979))

Black's 5th (1979)

sovereign

A chief ruler with supreme power; a king or other ruler with limited power. (Black's 2nd)

Black's 2nd
A person, body, or state in which independent and supreme authority is vested; a chief ruler with supreme power; a king or other ruler with limited power. See also Clipped sovereignty; Sovereignty. (Black's 5th)

Black's 5th
adj. (Of a state) characteristic of or endowed with supreme authority <sovereign nation> <sovereign immunity>. n.1. A person, body, or state vested with independent and supreme authority. 2. The ruler of an independent state. - Also spelled sovran. See SOVEREIGNTY. (Black's 8th)

Black's 8th

sovereignty

The union and exercise of all human power possessed in a state; it is a combination of all power; it is the power to do everything in a state without accountability; to make laws, to execute and to apply them: to impose and collect taxes, and, levy, contributions; to make war or peace; to form treaties of alliance or of commerce with foreign nations, and the like. Story on the Const. sect 207. (Bouvier's 1856)

Bouvier's 1856
The posession of sovereign power; supreme political authority; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation; also a political society or state which is sovereign and independent. See Chisholm v. Georgia, 2 Dall. 455, 1 L. Ed. 440; Union Bank v. Hill, 3 Cold. (Tenn.) 325; Moore v. Show, 17 Cal. 218, 79 Am. Dec. 123. (Black's 2nd)

Black's 2nd
The supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation; also a political society, or state, which is sovereign and independent. The power to do everything in a state without accountability, --to make laws, to execute and to apply them, to impose and collect taxes and levy contributions, to make war or peace, to form treaties of alliance or of commerce with foreign nations, and the like. Sovereignty in government is that public authority which directs or orders what is to be done by each member associated in relation to the end of the association. It is the supreme power by which any citizen is governed and is the person or body of persons in the state to whom there is politically no superior. The necessary existence of the state and that right and power which necessarily follow is "sovereignty." By "sovereignty" in its largest sense is meant supreme, absolute, uncontrollable power, the absolute right to govern. The word which by itself comes nearest to being the definition of "sovereignty" is will or volition as applied to political affairs. City of Bisbee v. Cochise County, 52 Ariz. I , 78 P.2d 982, 986. (Black's 5th)

Black's 5th
1. Supreme dominion, authority, or rule. [Cases: International Law 8. C.J.S. International Law sections 25-28.] popular sovereignty.A system of government in which policy choices reflect the preferences of the majority of citizens. state sovereignty.See STATE SOVEREIGNTY. 2. The supreme political authority of an independent state. 3. The state itself."It is well to [distinguish] the senses in which the word Sovereignty is used. In the ordinary popular sense it means Supremacy, the right to demand obedience. Although the idea of actual power is not absent, the prominent idea is that of some sort of title to exercise control. An ordinary layman would call that person (or body of persons) Sovereign in a State who is obeyed because he is acknowledged to stand at the top, whose will must be expected to prevail, who can get his own way, and make others go his, because such is the practice of the country. Etymologically the word of course means merely superiority, and familiar usage applies it in monarchies to the monarch, because he stands first in the State, be his real power great or small." James Bryce, Studies in History and Jurisprudence 504-05 (1901). external sovereignty.The power of dealing on a nation's behalf with other national governments. internal sovereignty.The power enjoyed by a governmental entity of a sovereign state, including affairs within its own territory and powers related to the exercise of external sovereignty. (Black's 8th)

Black's 8th

state

n. A people permanently occupying a fixed territory bound together by common-law habits and custom into one body politic exercising, through the medium of an organized government, independent sovereignty and control over all persons and things within its boundaries, capable of making war and peace and of entering into international relations with other communities of the globe. (Black's 5th)

Black's 5th

sui juris

Lat. Of his own right; possessing full social and civil rights; not under any legal disability, or the power of another, or guardianship. Having capacity to manage one's own affairs; not under legal disability to act for one's self. (Black's 5th)

Black's 5th

territory

Apart of a country, separated from the rest, and subject to a particular jurisdiction. The word is derived from terreo, and is so called because the magistrate within his jurisdiction has the power of inspiring a salutary fear. (Bouvier's 1856 edition)

Bouvier's 1856 edition