产量英语法律英语中的拉丁语

2021年1月19日发(作者：于心不忍)
法律英语中的拉丁语

























ab initio
（自始，
例：
void ab initio
自始无效）
from the beginning



ad hoc
（特别；特定；为某一目的特设，例：
ah hoc committee
特设委员会；临时委员
会；专门委员会）
for this purpose



ad litem
（专为某一诉讼目的；例：
agent ad litem
诉讼代理人）
for the lawsuit



a fortiori
（更加，更不必说）

according to Webster: "with greater reason or more
convincing force -- used in drawing a conclusion that is inferred to be even more certain than
another."
Example:
If
it
is
a
violation
of
the
sending
state's
rights
to
arrest
its
consular official, then a fortiori it would be a violation to arrest its ambassador.



a posteriori
（经验的；归纳的；后验的）

from effect to cause; from particular to general;
inductive (based on observation or experience).



a priori
（
先验的；
演绎的）

from cause to effect; from generalization to particular; deductive;
presupposed
by
or
reasoning
from
self-evident
propositions
(based
on
theory
rather
than
practice).



amicus curiae
（
法庭之友）

"friend of the court"; a person with a strong interest
in
or
views
on
the
subject
matter
of
a
given
legal
action
may
petition
the
court
for
permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale
consistent
with
its
own
views.
Such
amicus
curiae
briefs
are
commonly
filed
in
appeals
concerning matters of a broad public interest. Example: NPC of Iran v. M/T Stolt Sheaf case

bona fide:acting in good faith



contra
legem
（违反法律）

"against
the
law"
(term
used
to
describe
an
equitable decision of a court or tribunal that is contrary to the law governing the controversy.

Such a decision would not normally be permitted unless the tribunal had been empowered
to act ex aequo et bono).

As opposed to intra legem.



de facto
（事实；事实上）

in fact (as opposed to in law, de jure)



de lege ferenda
（
根据拟议法）

what the law ought to be (as opposed to what the law is, lex
lata).



de lege lata
（根据现行法）
what the law is (as opposed to what the law ought to be, de lege
ferenda).



de jure
（法理上；法律上）

in law (as opposed to in fact, de facto).



dolus
specialis
（特殊目的）
special
intent.
In
international
humanitarian
law,
genocide
is
considered unique because of the special intent to destroy in whole or in part, a national,
ethnic, racial or religious group.



erga omnes

（对所有国家；普遍适用；对国际社会整体。例：
obligation erga omnes
对
国际社会整体的义务；对世义务）
"toward
all"
wrongful
acts
that
harm
everyone and not simply one injured party)



ex aequo et bono
（根据公允及善意原则；
本着公平与正义的精神）

a judgment based on
considerations of fairness, not on considerations of existing law. Such a judgment is rendered
"beside" or "against the law" (praeter legem or

























contra
legem),
not
within
the
law
(infra
legem
or
intra
legem).
Example: Article 38(2) of the I.C.J. Statute permits the Court to render a judgment on these
grounds



ex proprio motu
（出于自愿的；出自本意的）

on its own accord.



ex proprio vigore
（由于本身的力量）
by its own strength / of its own force. A law or a treaty
may
be
binding
ex
proprio
vigore,
or
on
its
own.
If
an
international
law
is
not
binding
ex
proprio
vigore
in
domestic
law,
then
legislative
action
is
needed.
A
treaty
that
requires
domestic legislation is referred to as a non-self-executing treaty.



forum conveniens
（便利法庭；合适的裁判地）
convenient forum. The court is convenient
to
hear
a
case
and
has
jurisdiction.
The
doctrine
of
forum
non
conveniens
("inconvenient forum") allows a court to refurse to adjudicate a case on grounds
of inconvenience.



forum non conveniens
（不便利法庭；非方便裁判地）

inconvenient forum.



in pari delicto
（同等过错；互有过失）
equally wrong. One party is as much at fault as the
opposing party.



in pari materia
（以相同方式）
on like subject matter; same manner. typically used in regards
to statutes which relate the same thing or person.



in personam
（对人）
against the person. Jurisdiction over the person of an individual.



in rem
（对物）

“
in a thing
”
. In a lawsuit, an action in rem is directed towards some specific
piece of property,



in statu nascendi
（在新生状态
/
初始状态
/
原初状态中）
in its original form / in birth status
/ being just born. Under international law, this term generally is used to refer to a nascent
state
or
a
political
entity
seeking
recognition
of
statehood.
It
also
is
used
to
refer
to
emergent laws, rules, or principles of customary international law.



inter alia
（在其他事项外；此外）

among other things.



intra
legem
（法内）

"within
the
law"
(term
used
to
describe
an
equitable
decision
of
a
court
or
tribunal
that
is
consistent
with
the
rules
of
law
governing
the
controversy).

As opposed to contra legem.



inter
arma
silent
leges
(
战争的时候无法律可言；战时法律暂停生效
)
in
time
of
war,
the
laws are silent



ipso facto
（根据事实本身；事实使然）

by the fact (or act) itself.



ipso jure
（依照法律；根据法律）
by the law itself



jus
（法；权利）
law or the body of law



jus ad bellum
（诉诸战争权）
Right to War. When and under what conditions is war ever
justifiable? Jus ad bellum sets the boundaries for the use of force. War was denounced in the
1919 Covenant of the League of Nations and the 1928 Treaty of Paris (Briand-Kellogg Pact).
The
UN
Charter
adopted
in
1945
states:
"All
Members
shall
refrain
in
their
international
relations
from
the
threat
or
use
of
force
against
the
territorial
integrity
or
political independence of any state, or in any other manner in
























consistent with the Purposes of the United Nations." Article
2(4). The Charter authorizes the use of force in self defense. Article 51. See Chapter VII and
Chapter VIII for more provisions. Compare jus ad bellum (right to use force) with jus in bello
(conduct during war).



jus civile
（市民法）

law created within each country.

Jus civile is one of two categories of
law in formal Roman law, along with jus gentium.



jus
cogens
（强制性法规；强制法；绝对法）
"compelling
law,"
peremptory
principles
of
international
law
that
cannot
be
overriden
by
specific
treaties
between
countries;
that
is:
norms
that
admit
of
no
derogation;
they
are
binding
on
all
states
at
all
times (e.g., prohibitions on aggression, slavery, and genocide)..



jus gentium
（万民法）

"law of peoples" or "law of tribes,"

a body
of law developed by a Roman praetor peregrinus; applied to non-Romans in the Empire and
to dealings between Romans and non- Romans.

Jus gentium is one of two categories of law
in formal Roman law, along with jus civile.



jus gentium privatum
（国际私法）
Private International Law



jus gentium publicum
（国际公法）
Public International Law



jus in bello
（战时法）
Justice in War. These principles govern the conduct of parties during the
law of war and armed conflict, and in a broader sense define the rights and obligations of
neutral parties. The basic legal frameworks include, but are not limited to: the 1907 Hague
Conventions and Regulations; Geneva Conventions of 1949 and the 1977 Protocols I and II;
the
1925
Geneva
Gas
Protocol;
the
1954
Hague
Cultural
Property
Convention;
the
1972
Biological Weapons Convention; the 1980 Conventional Weapons Convention; and the 1993
Chemical Weapons Convention. See also jus ad bellum.