Ius


Ius or Jus in ancient Rome was a right to which a citizen was entitled by virtue of his citizenship. The iura were specified by laws, so ius sometimes meant law. As one went to the law courts to sue for one's rights, ius also meant justice and the place where justice was sought.
On the whole, the Romans valued their rights as the greatest good of Roman citizenship, as opposed to citizenship in other city-states under the jurisdiction of Rome but without Roman rights. Outsiders and freedmen perforce used Roman lawyers to represent them in actions undertaken under the jurisdiction of Roman law. Representation was one of the civic obligations owed to the state by citizens. These munera included military service as well as paying taxes, but specialized obligations might also be associated with functions of elected offices or assigned by the government, such as paying the cost of road or aqueduct maintenance. Some of these functions were highly lucrative, such as tax collecting, since the collector collected much more than he owed the government, but for the most part functionaries were appointed for their wealth and were expected to assume the costs as their munus. If they did not, they were tried and sometimes executed. Violation of the iura of other citizens, whether in office or out, was a serious matter, for which the punishment might be death.

Meanings of ''ius''

Ius in ancient Roman law had two principal meanings, which are still reflected in French droit, German Recht, English right and Castilian derecho. Ferdinand Mackeldy, 19th-century jurist, analyzed them into two principles: ius is the law, a set of compulsory rules, which he called objective or positive law, and a set of possibilities to act, which he called subjective law, or duties.

''Aequum et bonum''

Ius was defined by the jurists Publius Juventius Celsus and Julius Paulus Prudentissimus as the aequum et bonum, "the just and the fair", or justice. Jurisprudence was the art of bringing it about through application of the laws; thus ius was law in the abstract, as in the English usage of the term "the law". Iura were "the whole of laws", not a list of all the laws, but the very principle of legality, which might be applied through this law or by the magistrates and lawyers of Rome through disputation in the law courts. Ius might be something less than the whole body of law when special fields were designated by an adjective, such as ius publicum, "public law," as opposed to private law.
The actual laws, or written statutes, were only the specific tools through which ius was applied. Ius was the law in its broadest sense or its ideal state, above and unaffected by the contingent decrees that the state happened to enact—hence the distinction between the English terms justice and legislation.

''Jura et potestates''

Ius as the law was generally the domain of Roman aristocrats, from whose ranks the magistrates were chosen and who often defended clients in court. On a more practical basis, the populace of Rome daily encountered the primary meaning of ius. They understood that they had rights. Furthermore, these rights could be named and enumerated in formulae beginning with the word ius followed by a descriptive phrase, most often in the genitive case: "the right of...."
Black defines ius in the sense of a right as "a power, privilege, faculty, or demand inherent in one person and incident upon another." This power, or potestas, was a license governing behavior between persons granted by the constitution. It determined what one citizen or group of citizens could or could not do regarding another; i.e., potestas is to be translated as authority, which the possession of iura gave to individuals. One might act socially sui iuris, on one's own authority, asserting one's own right, or on behalf of another, alieni iuris, in response to a demand to serve his right by being under his authority.
This was the principle binding soldiers in the army: the consul, or a commander of some other rank, had a right to demand public service of citizens in the army, who were then under his authority. The magistrates thus had the right and power to draft men into the army at any time, but this demand was never a private affair; the males were lawfully assembled and selections were made by the commanders of the units. Typically, the right to raise a legion from a given populace for a specified purpose under the Roman Republic had to be granted by a senatus consultum, a decree of the Senate.
Similarly, under the Roman Empire the imperator was from a legal point of view the chief magistrate whose major ius was the ordering of all public affairs, for which he could demand assistance from anyone at any time. The cynical demands of the bad emperors and the beneficial ones of the good emperors are described at great length by the historians of the empire, such as Tacitus.
The list below contains iura from different branches of Roman civilization. A ius of ancient Rome, marked by the imperial eagle, typically begins in the Roman Republic and continues through the Roman Empire. A ius of the Holy Roman Empire is marked with the double-headed eagle. The term is used in this article in the general sense to mean also the Carolingian Empire, named after Charlemagne, who had the title Holy Roman Emperor. His domain also included what is now France. Its iura reflect early Germanic laws. They are more likely to be found as legal principles in modern European countries. Iura that originated and remained primarily as canon law are marked with the coat of arms of the Holy See.

A

As the Roman jurist Ulpian said, “that which nature has taught all animals”. For most writings of classical Roman law, synonymous with ius naturae. From the writings of Paul, however, the term ius naturale acquired the sense of an ideal of law, quod semper est bonum et aequumthose actions that are always fair and just. This sense is followed in the Thomist conceptions of natural law, or lex naturalis.