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Civil Law 1

roman, european and private

CIVIL LAW. (1) The law applicable to the citizens friers) of a particular State (eiei(as). The Romans used the term pis eirile in this sense. distinguishing it from the law observed by all nations (jus yintium), and from the ideal law of nature (jus naturale). (2) The Romans also described their ordinary law, established by custom and by legislation, as their civil law, distinguishing it from the law introduced by the ediets of their magistrates very 1111101 we distine-uish common law equity. (3) In the :Middle Ages, civil law meant Roman law as set forth in the law books of Justinian, in dis tinction from the ecclesiastical or canon law. In England, at the same period, civil law meant Roman law as distinguished from English law. (1) Because the part of the Roman law which has most influenced European legal develoinnent is that part which deals with the ordinary rela tions of private persons, civil law has come, in modern European usage, to mean private law in general. without regard to its origin, as distin guished from public law. (5) In modern Eng

lish usage, civil law includes and designates all the existing :systems of private law that are in the main based un the Roman law. Civil law in this sense is a blend of Roman, Teutonic, ec clesiastical, and purely modern institutions and rules, fitted into a framework which is still sub stantially Roman. It prevails not only upon the Continent of Europe and in the dependencies of the Continental European States, but also in Scotland and in many parts of the world that were first colonized and civilized by the Portu guese, Spanish, Dutch, or French, and which to day are independent (Central American and South American republics), or are under the rule of Great Britain (e.g. South Africa, some of the West-Indian islands, the Province of Que bec) or are 110W included in, or belong to, the United States (e.g. Louisiana, Porto Rico, and the Philippines). It is also finding its way, in some measure, into non-Christian portions of the world (e.g. Turkey and Japan).