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A 'reasonable person' is a legal fiction I'm pretty sure I've never met.
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Legal Definitions - jus gentium
Behind every great lawyer is an even greater paralegal who knows where everything is.
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Definition of jus gentium
Jus gentium is a Latin term that means "law of nations". It has two meanings:
- It refers to international law, which is the set of rules that govern the relations between nations.
- It also refers to a body of law in ancient Rome that was applied in dealing with the relations between Roman citizens and foreigners.
The early Roman law, called jus civile, only applied to Roman citizens. It was formalistic and not suitable for an expanding society. The jus gentium provided simplified rules to govern the relations between foreigners and citizens.
For example, if a Roman citizen wanted to do business with a foreigner, they would use the rules of jus gentium to make a contract. These rules were simpler and more flexible than the rules of jus civile.
Over time, the rules of jus gentium became more important than the rules of jus civile. They became the common law of the Roman Empire and were used in all legal cases involving foreigners.
If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Simple Definition
Term: JUS GENTIUM
Definition: Jus gentium means "law of nations" in Latin. It is a body of law that is common to all civilized people and is used to govern the relations between Roman citizens and foreigners. It was created because the early Roman law only applied to Roman citizens and was not relevant for an expanding nation. The jus gentium provided simplified rules to govern relations between foreigners and citizens. It gradually became the common law of the Roman Empire and was deemed to be of universal application.
The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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