He first studied theology at Giessen, but after the campaign of 1814, in which, like his brother August, he took part as a Hessian volunteer, began the study of jurisprudence, and in 1818 established himself as Privatdocent of civil law at Giessen.
Equity here is defined to mean "any body of rules existing by the side of the original civil law, founded on distinct principles, and claiming incidentally to supersede the civil law in virtue of a superior sanctity inherent in those principles."
Vansittart's brother, Robert Vansittart (1728-1789), who was educated at Winchester and at Trinity College, Oxford, was regius professor of civil law at Oxford from 1757 until his death on the 31st of January 1789.
"What kept these bodies apart was their separate historic origin and development, but especially the alienation caused by the ` Voluntary Controversy ' which had its roots in the difficult problems of civil law in its relation to religion, and the stumbling-block of the civil magistrate's authority in relation to the Christian conscience."
The members accidentally discovered that the fear of it had a great influence over the lawless but superstitious blacks, and soon the club expanded into a great federation of regulators, absorbing numerous local bodies that had been formed in the absence of civil law and partaking of the nature of the old English neighbourhood police and the ante-bellum slave patrol.
In January 1543/4 he was appointed first regius professor of civil law.
His great fame as a professor of civil law at the university of Bologna caused Balduinus to be elected podestd of the city of Genoa, where he was entrusted with the reforms of the law of the republic. He died at Bologna in 1225, and has left behind him some treatises on procedure, the earliest of their kind.
During his term of office he appeared in a case before the United States Supreme Court, where his knowledge of civil law so strongly impressed Edward Livingston, the secretary of state, who was himself an admirer of Roman Law, that he urged Legare to devote himself to the study of this subject with the hope that he might influence American law toward the spirit and philosophy and even the forms and processes of Roman jurisprudence.
Through Livingston, Legare was appointed American chargé d'affaires at Brussels, where from 1833 to 1836 he perfected himself in civil law and in the German commentaries on civil law.
But the connexion with foreign parts led to the gradual introduction of a procedure resembling that coming into use on the continent and based on the Roman civil law.
He went to the bar and practised in London for a few years, but he was soon called back to Oxford as regius professor, of civil law (1870-1893).
In Louisiana alone (as the state is known to-day), out of all the territory acquired from France as the Louisiana Purchase in 1803, was the civil law so established under French and Spanish rule that it persisted under American dominion.
English law has largely moulded, for example, criminal and commercial law and the law of evidence; the development of the law of corporations, damages, prohibitions and such extraordinary remedies as the mandamus has been very similar to that in other states; while in the fusion of law and equity, and the law of successions, family relations, &c., the civil law of Spain and France has been unaffected.
The Kurds, the constant oppressors of that people, had received official recognition and almost complete immunity from the control o f the civil law by being formed into a Y g eo Y manry frontier-guard known as the Hamidian cavalry.
Farther north, along the line of the former town wall, are the criminal law courts (1879-1882, enlarged 1893) and the civil law courts (finished in 1901).
ADAM MURIMUTH (c. 1274-1347), English ecclesiastic and chronicler, was born in 1274 or 1275 and educated in the civil law at Oxford.
He was instrumental in founding the first chair of Greek, which was filled by his friend Rudolph Agricola, and he also established the university library and a college for students of civil law.
He entered the Sardinian civil service, and in 1824 was appointed lecturer on canon and civil law.
Beside the letters, he was the author of liturgical poetry and works on civil law.
He was educated at Magdalen Hall, Oxford, and afterwards studied at the university of Paris, where in the year 1581 he was made a doctor of the civil law.
There is ample evidence that the civil law was soon once more a favourite study at Oxford, where we learn that, in 1190, two students from Friesland were wont to divide between them the hours of the night for the purpose of making a copy of the Liber pauperum.
He was tutor to the son of the first duke of Queensberry, through whose influence he was appointed professor of civil law in the university of Edinburgh.
at Paris, and later he graduated doctor of civil law at Bourges.
Bohmer's Jus ecclesiasticuni Protestantium (1714-1723), and van Espen's Jus ecclesiasticuzn (1702) detail at great length the relations of heresy to canon and civil law.
Together with John Sterling (with whom he founded the Apostles' Club) he migrated to Trinity Hall, whence he obtained a first class in civil law in 1827; he then came to London, and gave himself to literary work, writing a novel, Eustace Conyers, and editing the London Literary Chronicle until 1830, and also for a short time the Athenaeum.
There was the same conflict between the English Common Law and the Roman Civil Law which had taken place in Louisiana a few years before (see Louisiana); but the result was different.
Owing to the peaceful character of its acquisition and the relative strength of the Romance (French) element, Louisiana continued the use of the Civil Law.
The Texas invaders, on the other hand, adopted the Common Law, but with the addition of many Civil Law principles.
For example, the state has never made any distinction between law and equity, and it has always followed the Civil Law procedure by petition and answer.'
- Arrangements for avoiding the delay and expense of litigation, and referring a dispute to friends or neutral persons, are a natural practice, of which traces may be found in any state of society; but it is from Roman Law that we derive arbitration as a system which has found its way into the practice of European nations in general, and has even evaded the dislike of the English common lawyers to the civil law.
In spite of the reform of the civil law in other respects (June 1 1911) these provisions remained in force until the republic. Owing to the opposition of the Christian Socialist party, they were even then not abolished; but they were relaxed by numerous dispensations in individual cases.
The Magdeburg rights, which the city enjoyed from 1516, were abolished in 1835, and the ordinary form of town government introduced; and in 1840 it was made subject to the common civil law of the empire.
Thence, in 1711, he was called to the professorship of history and civil law at Lausanne, and finally settled as professor of public law at Groningen.
Under this act the western territory which France had claimed, extending as far as the Mississippi and south to the Ohio, was included with Canada in what was called the Province of Quebec. This vast territory was to be governed despotically from Quebec; the Roman Catholic church was given its old privileges in Canada; and the French civil law was established permanently side by side with the English criminal law.
He attended St Leonard's college, St Andrews, between 1574 and 1578, and in 1581 he was in Paris studying civil law.
Among these were several men learned in civil law and political science, and their society increased Melville's knowledge of the world and enlarged his ideas of civil and ecclesiastical liberty.
It is absurd to make this document responsible for the introduction of the bloody persecution of witches; for, according to the Sachsenspiegel, the civil law already punished sorcery with death.
In the civil law the judex ordinarius is a judge who has regular jurisdiction as of course and of common right as opposed to persons extraordinarily appointed.
Magee took a prominent part in the Ritual controversy, opposing what he conceived to be romanizing excess in ritual, as well as the endeavour of the opposite party to "put down Ritualism," as Disraeli expressed it, by the operation of the civil law.
There are uniform codes of criminal law (Strafgesetzbuch), commercial law and civil law (Burgerliches Gesetzbuch), the last of which came into force on the 1st of January 1900.
Everywhere the original source of law was the old German common law, but in each district it had been wholly or partly superseded by codes, text-books and statutes to a great extent founded on the principles of the Roman civil law.
He became professor of civil law at Toulouse and subsequently chief judge of the city.
JOHN STORY (c. 1510-1571), English martyr, was educated at Oxford, where he became lecturer on civil law in 1535, being made later principal of Broadgates Hall, afterwards Pembroke College.
1-9; and an examination of their contents makes it evident that, though the last two groups are unmistakably derived from E, they cannot have formed part of the original "Book of the Covenant"; for the "judgments," which are expressed in a hypothetical form, consist of a number of legal decisions on points of civil law.
Neither they nor the lesser chiefs who flourished on the lack of common law and order could be reduced by ordinary methods, and the Councils of Wales and of the North were given summary powers derived from the Roman civil law similiar to those exercised by the Star Chamber at Westminster and the court of Castle Chamber at Dublin.
This, however, was never operative, for in 1774, by the famous Quebec Act, the Illinois country was annexed to the province of Quebec, and at the same time the jurisdiction of the French civil law was recognized.
He received the degree of doctor of civil law in 1520, and of canon law in the following year.
When civil law was restored, Jackson was fined $loon for contempt of court; in 1844 Congress ordered the fine with interest ($2700) to be repaid.
Their tendency was to smooth away the occasional harshness and anomalies of the civil law by substituting rules of equity for the letter of the law, and in this respect the Roman praetor has been compared to the English chancellor.
His Treatise on the Law of Sale of Personal Property with References to the American Decisions and to the French Code and Civil Law - a bulky volume known to practitioners as Benjamin on Sales - is the principal text-book on its subject, and a fitting monument of the author's career at the English bar, of his industry and learning.
BARTOLUS (1314-1357), Italian jurist, professor of the civil law at the university of Perugia, and the most famous master of the dialectical school of jurists, was born in 1314, at Sassoferrato, in the duchy of Urbino, and hence is generally styled Bartolus de Saxoferrato.
He studied the civil law first of all under Cinus at Perugia, and afterwards under Oldradus and Jacobus de Belvisio at Bologna, where he was promoted to the degree of doctor of civil law in 1334.
His great reputation dates from his appointment to a chair of civil law in the university of Perugia, 1343, where he lectured for many years, raising the character of the law school of Perugia to a level with that of Bologna.
" the first gate "), on injuries and compensation; civil law.
He held a high appointment in the ministry of justice for some time before he became professor of civil law in the university of Ghent in 1836.
On the 30th of June he obtained licence in mortmain and on the 26th of November issued his charter of foundation of "Seynt Marie College of Wynchestre in Oxenford" for a warden and 70 scholars to study theology, canon and civil law and arts, who were temporarily housed in various old halls.
2 Gratian, in the 12th century, tried to explain this away by assuming that concubinage here referred to meant a formless marriage; but in 398 a church council can scarcely so have misused the technical terms of the then current civil law (Gratian, Decretum, pars i.
Lastly, still following the main lines of human culture, the primitive germs of religious institutions have to be traced in the childish faith and rude rites of savage life, and thence followed in their expansion into the vast systems administered by patriarchs and priests, henceforth taking under their charge the precepts of morality, and enforcing them under divine sanction, while also exercising in political life an authority beside or above the civil law.
(Benedetto Gaetano), pope from 1294 to 1303, was born of noble family at Anagni, studied canon and civil law in Italy and possibly at Paris.
It embraces the canonical as well as the civil law.
The civil law seems to have had only a tacit, and as soon as American immigration began a limited, application.
It enacts that: " The preceding canons shall in all cases be construed in accordance with the principles of the civil law of Scotland.
where during the Revolution he edited a paper in which he supported the claims of the Elbe Duchies; at the end of 1848; he was appointed professor of civil law at Leipzig.
'PETRUS BALDUS DE UBALDIS (1327-1406), Italian jurist, a member of the noble family of the Ubaldi (Baldeschi), was born at Perugia in 1327, and studied civil law there under Bartolus, being admitted to the degree of doctor of civil law at the early age of seventeen.
When these laws do interfere and cross each other, the order of preference is this:- ` The civil law submitteth to the canon law; both of these to the common law; and all three to the statute law.
He then spent a year in the study of feudal and civil law before he resolved to devote himself to theology.
that part of the civil law which regulated the relations of the community with the deities recognized by the state officially, together with a general superintendence of the worship of gens and family.
A signal also that matters of justice, whether natural or civil law will have successful outcomes.
redress for consumers through the provision of Civil Law advice.
Through Livingston, Legare was appointed American chargÃ© d'affaires at Brussels, where from 1833 to 1836 he perfected himself in civil law and in the German commentaries on civil law.
No Jew, they decided, may perform the ceremony of marriage unless civil formalities have been fulfilled; and divorce is allowed to the Jews only if and so far as it is confirmatory of a legal divorce pronounced by the civil law of the land.
The Offences at Sea Act 1536 states the objection to this application of the civil law to the trial of criminal cases with much force: "After the course of the civil laws, the nature whereof is that before any judgment of death can be given against the offenders, either they must plainly confess their offences (which they will never do without torture or pain), or else their offences be so plainly and directly proved by witness indifferent such as saw their offences committed, which cannot be gotten but by chance at few times."
Throughout the middle ages, however, the original official and personal connotation of the title was never wholly lost; or perhaps it would be truer to say, with Selden, that it was early revived with the study of the Roman civil law in the 12th century.
The Salic Law is pre-eminently a penal code, which shows the amount of the fines for various offences and crimes, and contains, besides, some civil law enactments, such as the famous chapter on succession to private property (de alode), which declares that daughters cannot inherit land.
The service has achieved an estimated £ 7 million in redress for consumers through the provision of Civil Law advice.
Some find a niche like medical, family, or civil law and concentrate their careers in those specialties.
The word usage examples above have been gathered from various sources to reflect current and historial usage. They do not represent the opinions of YourDictionary.com.