LL-L "Terminology" 2004.01.26 (07) [E]

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From: Heiko Evermann <Heiko.Evermann at gmx.de>
Subject: LL-L "Terminology" 2004.01.25 (05) [E]

Hi Roger,

>While Anglo-Saxon law is thought to be basically case law, emerging from
>common law (Louisiana state law perhaps excepted) and European Continental
>Law, while enacted by parliaments, was initially strongly based on Roman
>law, how can one explain the occurence of quite some Latin terminology in
>Anglo-Saxon court practices?
>
...

>How did this Latin terminology become accepted?
>
Some interesting links:

http://www.dl.ket.org/latin3/mores/legallatin/tablecontents.htm
=> lists some Latin phrases used in legal English

http://www.jura.uni-sb.de/Rechtsgeschichte/Ius.Romanum/english.html
=> This website has a lot of information about Roman law (in English,
German, Italian and *Latin*)
 From one page from this site:
http://www.jura.uni-sb.de/Rechtsgeschichte/Ius.Romanum/RoemRFAQ-e.html
<quote>
Roman Law was the law that was in effect throughout the age of antiquity
in the City of Rome and later in the Roman Empire. When Roman rule over
Europe came to an end, Roman Law was largely--though not
completely--forgotten.

In Medieval times (from about the 11th century onward) there was a
renewed interest in the law of the Romans. Initially, Roman Law was only
studied by scholars and taught at the universities, Bologna being the
first place where Roman Law was taught. Soon Roman Law came to be
applied in legal practice--especially in the area of civil law. This
process of (re-) adoption (reception) of Roman Law occurred at varied
times and to various extents across all of Europe (England being the
most important exception). Thus from about the 16th century onward,
Roman Law was in force throughout most of Europe. However, in the
process of adoption/reception many Roman rules were amalgamated with, or
amended to suit, the legal norms of the various European nations. Thus,
Roman rules, applied in Europe at this period, were by no means
identical with Roman Law from antiquity. Nonetheless, because the law
that had evolved was common to most European countries, it was called
the Ius Commune (common law).
...
 England did not  adopt Roman Law as the other countries in Europe had.
In England, ancient Roman texts were never considered as rules having
the force of law. Nonetheless, Roman Law was taught at the Universities
of Oxford and Cambridge, just as it was taught at Bologna. Scholars, who
had studied Roman Law on the Continent (the so-called Civilians), did
have considerable influence on the development of certain areas of law.
Some substantive rules, and more importantly concepts and ways of
reasoning, developed by continental legal scientists, based on the Roman
legal tradition, influenced the English legal system.
</quote>
So this means that Roman law was taught in England, even though it did
not become the legal norm. I think that the Latin terms crept into the
language at that time.

Another interesting page is
http://www.bartleby.com/212/0405.html (Latin and French Elements in
Middle Scots.)
<quote>
The author of /The Complaynt/ says plainly that “it is necessair at sum
tyme til myxt oure langage vitht part of termis dreuyn fra lateen, be
reson that oure scottis tong is nocht sa copeus as is the lateen tong.”
</quote>

Kind regards,
Heiko

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