Ius
Definition of Ius
Various sources affirm that the words Ius originates from Sanskrit , an ancient Indo-European language, which means to unite or mix the derivations of “ius” are “iudex” which means judge, “iurisprudentia (jurisprudence) and” justice which means justice “; Meanwhile other sources state that the word ius is the equivalent in our language to the word “right” and is used to designate what is good and what is bad.
The term Ius is used in a common way in the field of law and according to Ulpiano Roman Jurist of Phoenician origin who addresses the quote of Celsus, a Greek philosopher of the second century, defines ius in Latin as “ius est ars boni et aequi” and means “the art of the good and the equitable ”.
In the first place, the reference to “ars” is usually taken in the sense of tekné (which is translated into Greek: τέχνη), which refers to a “know-how”. The good (boni) for its part, would refer to what is morally considered adequate or correct.
And what is equitable (aequi), in turn, would refer to justice applied to particular and concrete cases, where the balance must never tip towards any particular side, but rather all actors are considered equal in the face of injustice. .
In ancient Rome the ius made reference to the set of good and just rules drawn up by men and applied by man, but which were initially confused with the term “fas” which were the rules from the divinity also called divine right , which attributed the total content to the “ius”.
An act, for that time, was totally legal and lawful if it was consulted with the divine will; but in man the necessary ability to gradually detach and release the religious of human beings was emerging little by little.
Some terms used in ancient Rome to give meaning to ius are:
- Ritual expression or myth.
- Right object, this is the group of rules that make up a legal system also called positive law.
- Subjective right, refers to the right or jurisdictional action of a subject to demand that he carry out something in particular.
- To describe the procedural stage of the trial .
- It manifests itself to distinguish the good and the fair. Among others.
Examples of terms related to the word Ius
- Ius soli, right of ground
- Ius naturale, natural law
- Ius civile, civil law
- Ius publicum, public law
- Ius privatum, private law
- Ius sanguinis, right of blood
- Ius cogens, imperative international law
- Ius puniendi, right to punish
- Ius domicilii, right of domicilea