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overwhelmingly法律英语中的拉丁单词

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2021-01-28 07:34
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overwhelmingly-saku

2021年1月28日发(作者:multiplier)


ab initio


(自始,例:


void ab initio


自始无效)


from the beginning



ad hoc


(特



;特定;


< br>某一目的特



,例:


ah hoc committee





员会



临时



员会



专门



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





according to Webster:


convincing force -- used in drawing a conclusion that is inferred to be even more


certain than another.


arrest its consular official, then a fortiori it would be a violation to arrest its


ambassador.



a posteriori




经验


的;


归纳


的;< /p>




的)



from effect to cause; from particular to general;


inductive (based on observation or experience).



a priori



(先



的;演



的)

< p>


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)




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



contra legem





反法律)




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



;事



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



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





所有



家;普遍适用;


对国际




整体。例:


obligation erga omnes


对国际




整体的


义务





义务




one injured party)



ex aequo et bono


(根据公允及善意原



;本着公平





的精神)



a judgment based on


considerations of fairness, not on considerations of existing law. Such a judgment


is rendered


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


(


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



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




人)


against the person. Jurisdiction over the person of an individual.



in rem




物)



“in a thing”. In a laws


uit, an action in rem is directed towards some


specific piece of property,



in statu nascendi


(在新生


状态


/


初始


状态

< p>
/


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



外;此外)



among other things.



intra legem



(法






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




候无法律可 言;


战时


法律



停生效


) in time of war, the laws


are silent



ipso facto


(根据事



本身;事



使然)



by the fact (or act) itself.



ipso jure


(依照法律;根据法律)


by the law itself



jus



( 法;



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:


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


inconsistent with the Purposes of the United Nations.


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


< p>
(强制性法



;强制法;


绝对


法)



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)





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 privatu m



国际


私法)


Private International Law



jus gentium publicum



国际


公法)


Public International Law



jus in be llo



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.



jus inter gentes






法 )





jus naturale



(自然法)



law of nature. The classical Greeks originated the


law


Aurelius and Cicero; natural law scholars argue that law has a metaphysical source


(God, nature) and is apprehensible by rational humans; the law transcends tiem,


place, and circumstance


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