LATIN AND LAW

There is no exact, perfect, accurate or concise definition of the term law because law is more to do with the perspective from which one looks at it. This perspective can differ from person to person. For e.g., for some law could mean a set of rules that have been created and enforced through societal and governmental institutions to regulate one’s behavior. While for others law could mean an ethical standard that directs and guides one as to what should and shouldn’t be done in the society. From one perspective law could mean justice, morality, righteousness etc. While from another perspective law could mean Acts, rules, regulations, ordinances etc.

Law is not just a legal term as in its broadest sense it could also mean law of heat, light, sound and gravity which is not connected to the legal aspect as this law is more to do with the scientific aspect. Thus, it is your individual viewpoint which will affect the way in which you define the term law or look at the term law. One can say that law is the result of the socio-economic process that takes place within a society. Law can never be static or constant in nature as with changing time and trends laws need to get upgraded. 

Thus, law can be perceived and understood in different ways and forms by different people based on the perspective from which they look at the term law. Law is an integral part of each and every one of us and it is rightly said in Latin- ‘Ignorantia Juris Non Excusat’ meaning ‘Ignorance of law excuses no one’. The saying ‘Ignorantia Juris Non Excusat’ is a legal maxim. The legal maxims are short well-known sayings that state a general truth. You must have heard proverbs such as time and tide wait for no man, honesty is the best policy etc. Similarly, legal maxims are short well-known sayings by the Roman Judges in Latin language which form the pillars on which the entire legal system stands.

Although, Latin is not much in use, yet these maxims are so manifestly steeped in reasoning, convenience and public interest that they find a place in the laws of the civilized countries. The knowledge and understanding of these maxims are of utmost value and importance to the entire legal fraternity. These maxims are known as first principles of law as they are basic propositions or assumptions that cannot be deduced from any other proposition or assumption. Legal maxims are well established principles of law. Even though Latin as a language is not in use like the way it was in the past yet legal maxims are still useful, relatable and effective even today.

Among the wise sayings there is one saying which requires revisitation and the maxim is – ‘Rex Non Potest Peccare’ which means ‘The King can do no wrong’. This maxim was widely seen and regarded true in the past. The main reason for the existence of this maxim was that it was perceived and believed that the one who makes the law will never break the law. It was a general notion that the one who makes the law will adhere to it and be a staunch follower of the law. England followed this maxim but the Crown Proceedings Act, 1947 diluted the efficacy of this principle. Once upon a time the Kings and Queens ruled with absolute power and authority by making their own laws which had to be followed without any objections, but history has taught us that no one can be perfect and with changing times England adopted the Parliamentary form of Government and gave a chance to the elected representatives to make laws on behalf of the people. With changing times and trends this maxim is one such saying that has shown a change.

Latin language has given the legal fraternity a new dimension through the wise sayings which one reads in Latin when one wants to learn law deeply and as a result these maxims still hold good even today. People who speak different languages do study these maxims during their in-depth legal learning. Legal maxims have helped in formulating laws and despite the language not being widely spoken yet the maxims are still relatable.

The terms lex and jus are the two different terms used in Latin to understand the word law in a better manner. In Latin, lex means law in its concrete sense. E.g., The maxim ‘Salus Populi Suprema Lex Esto’ which means that the welfare of the people shall be the supreme law. Here the Latin word for law is lex which means law in its concrete or particular sense. Law here particularly means that the welfare of the people is supreme.

Whereas the term jus in Latin is used in its abstract or general sense. E.g., the Latin maxim ‘Ubi Jus Ibi Remedium’ which means that for any wrong that is committed, law provides a remedy. In other words, this maxim means that law specifies a remedy for every wrong. Here the term jus which means law in its abstract or general sense applies to any and every law that provides remedy for a wrong committed.

Generally, in English we understand these terms as ‘the law’ and ‘a law’. The terms ‘the law’ and ‘a law’ are neither similar nor synonymous. The law means law in its abstract sense. E.g., the law of defamation, the law and order situation, the law of crimes etc. Here law is referred in a general sense whereas, a law means law in its concrete sense and refers to a particular law. E.g., A law on Contracts, A law on transfer of properties etc. This difference is well understood when referred in Latin as lex and jus but the absence of separate words in English language can cause a considerable confusion while understanding the term law in its general and particular sense. Even though this difference in English is derived from the Latin terms lex and jus but it is not so well understood when read in English resulting in this difference not being widely used. 

Overall, the term law deals with what can and cannot be done in a society along with settling of disputes by providing remedy to the one affected through redressing or vindicating the wrong by punishing the wrong doer. Though the term law cannot be defined but yet we all have a basic understanding, or a basic perspective of what law is all about!