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Ius facts for kids

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Lex De Imperio Vespasiani - Palazzo Nuovo - Musei Capitolini - Rome 2016
This ancient bronze tablet shows a law about Emperor Vespasian's powers. It says he had the full right and authority to do whatever he thought was best for the state. This idea of an emperor having absolute power was later used by kings in Europe.

In ancient Rome, Ius (pronounced "yous") was a special word with a few important meanings. Most often, it meant a right that a Roman citizen (called a civis) had just because they were a citizen. These rights were written down in laws, so ius could also mean law itself. And because people went to law courts to protect their rights, ius also meant justice and the place where justice was found.

Romans really valued their rights. They saw them as one of the best things about being a Roman citizen. People from outside Rome (called peregrini) and freed slaves (libertini) didn't have these same rights, so they often needed Roman lawyers to help them in legal matters. Being a citizen also came with duties, called munera. These duties included serving in the army and paying taxes. Sometimes, people in important government jobs had special duties, like paying for road repairs. If citizens didn't do their duties, they could face serious consequences. Breaking the rights of other citizens was also a very serious matter, leading to severe penalties.

What Did Ius Mean?

In ancient Roman law, ius had two main ideas, which are still seen in words like "right" in English. Think of it this way:

  • Rules to Follow: Ius was like a set of rules that everyone had to obey. This is similar to how we think of "the law" today.
  • Freedom to Act: Ius also meant the freedom or ability to do certain things, or the duties you had. This is like saying you have "the right" to do something.

Justice and Fairness

Roman legal experts said that ius meant "the just and the fair," or simply justice. They believed that law was about making things right and fair for everyone. So, ius was the big idea of law, like the general principle of fairness. The actual written laws (called leges) were just the tools used to apply this idea of ius. This is why we have words like "justice" and "legislation"—justice is the ideal, and legislation is the specific rules.

Rights and Authority

Roman citizens understood that they had specific rights. These rights could be named, like "the right of..." For example, if you had ius, it meant you had the power or authority (called potestas) to do certain things or to expect certain things from others.

For example, a Roman general had the right to call citizens to serve in the army. Citizens were then under his authority. This wasn't a private request; it was a public duty granted by the government. Similarly, under the Roman Empire, the emperor had the main ius to manage all public affairs and could ask anyone for help. Historians often wrote about how different emperors used this power—some for good, and some for selfish reasons.

Important Roman Iura

Here are some examples of specific rights or legal principles from Roman times and later periods that used the word ius. The ones marked with the

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symbol are from the Roman Republic and Empire.

Name What it Means When and Where it Was Used What it Was About
ius abstinendi
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Right to refuse Roman Republic, Roman Empire Romans cared a lot about families continuing. If someone died, their property and rights (their inheritance) would go to their heirs. If you were named an heir in a will, you were a "voluntary" heir and had the right to refuse the inheritance, especially if it came with a lot of debt. But if the owner died without a will, the law chose heirs (often relatives) who were called "necessary" heirs, and they usually couldn't refuse.
ius accrescendi
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Right of increase or accrual Roman Republic, Roman Empire This right applied when there were several heirs to an inheritance. If one of the heirs died or couldn't inherit for some reason before the person who made the will died, the shares of the other heirs would increase. This rule was very important in Roman inheritance law. Later laws even tried to encourage people to have children by making it harder for childless people to inherit.
ius ad rem
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Right to a thing (against a person) Medieval kingdoms (not ancient Rome) This idea came much later than ancient Rome. It meant you had the right to take legal action against someone to make them do something they promised or give you something they owed you. Romans would have handled this differently, often through criminal law.
ius abutendi
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Right to consume Roman Catholic Church, 14th century This idea, developed by the Church, meant that if you owned something, you not only had the right to use it but also to use it up or consume it. For example, if you owned food, you had the right to eat it.
ius angariae Right of angary International law This is a right in international law, especially during wartime. It allows a country fighting a war to take neutral ships or property within its territory and use them for its own needs, like transportation.
ius aquaeductus Right of aqueduct Civil law This was a right that allowed landowners to bring water across or from another person's land, often for farming or drinking.
Jus belli Law of war International law This refers to the rules and customs that apply during a war. It defines what countries can and cannot do when they are fighting, and also what neutral countries should do.
Jus canonicum Canon law Roman Catholic Church This is the set of laws and rules made by the Christian Church, especially the Roman Catholic Church, to govern its members and activities.
Ius civile
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Civil law (Roman citizens) Roman Law This was the law that applied only to Roman citizens. It was different from the ius gentium, which applied to foreigners or in cases involving both Romans and foreigners.
Ius commune Common right Civil law, English law In Roman law, this meant the common and natural rule of what is right, different from special rules. In English law, it refers to the common law, which developed from customs and court decisions rather than written statutes.
Jus disponendi Right of disposing Roman Law This is a key part of owning something. It means you have the right to sell, give away, or otherwise get rid of your property.
Ius edicendi
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Right to make edicts Roman Republic, Roman Empire Important Roman officials (like praetors) had this right. It meant they could issue official orders or announcements (called edicts) about legal matters in their area of responsibility.
Ius fruendi Right to reap fruits/profits Roman Law Another important part of ownership. This means you have the right to benefit from your property, like collecting rent from a building or harvesting crops from land.
Jus gentium
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Law of nations Roman Law This was a system of law that Romans developed based on common rules found among different peoples. It was used in cases involving foreigners or between Romans and foreigners, as the ius civile only applied to Roman citizens. It was seen as a law that "all nations use."
Ius gladii Right of the sword Roman Law This meant the power to punish crimes, including the power to order executions. It was a symbol of the state's authority to enforce laws.
Ius honorarium
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Honorary law Roman Law This was a body of Roman law created by the edicts (official orders) of high-ranking magistrates, especially the praetors. They would adapt and improve the existing civil law for the public good.
Ius in re A right in a thing Civil law This means having a direct right over a specific item or property. For example, ownership is a ius in re. It's different from ius ad rem, which is a right against a person to get a thing.
Ius italicum
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Italian right Roman Empire This was a set of special rights and privileges given to cities and people in Italy (outside Rome) and later to some colonies. These included having their own government and being free from certain land taxes.
Ius Latii
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Right of Latium Roman Law This was a special legal status given to people in Latium (a region near Rome). It meant they could use their own laws and sometimes even gain Roman citizenship.
Ius naturale Natural law Roman Law, philosophy This was the idea of "natural law," or principles of law that are believed to be true and fair for everyone, based on natural reason. Roman thinkers believed these laws were taught by nature to all people. It's often seen as an ideal of what law should be—always fair and just.
Ius necis
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Right of death Roman Law In ancient Roman times, a father had this extreme right over his children, meaning he could even put them to death. This was a very old and powerful right, though it became less common and was eventually limited.
Ius non scriptum Unwritten law Roman Law, English Law This refers to law that isn't written down in statutes but comes from customs and traditions. It's like common practices that become accepted as law.
Ius pascendi Right of pasturing cattle Civil law, old English law This was the right to let your cattle graze on someone else's land.
Ius possidendi Right to possess property Roman Law This is another key part of ownership: the right or power to actually hold and control property.
Ius postliminii Right of postliminy Civil law, international law In Roman law, if a Roman citizen was captured by an enemy but then returned, this right meant they would get back their original legal status and property as if they had never been captured. In international law, it's similar for property recaptured from an enemy.
Ius privatum Private law Roman Law This part of law deals with the rights and affairs of individual people, like contracts or property disputes. It's different from "public law," which deals with the government and criminal justice.
Ius prohibendi Right to prohibit Roman Law As an owner, you have the right to stop others from using your property, whether it's by possessing it, growing crops, or collecting rents.
Ius proprietatis Right of property Roman Law This means the actual right of ownership over something, different from just having the right to possess it temporarily.
Ius publicum Public law Roman Law This part of law deals with the government, its officials, and how criminal justice is handled. It also refers to the state's ownership of public property.
Ius scriptum Written law Roman Law, English Law This refers to any law that is actually written down, like statutes or decrees. It's the opposite of ius non scriptum.
Ius singulare Peculiar or individual rule Civil law This was a special rule that was different from the common law (ius commune), created for a specific reason or situation.
Ius trium liberorum Right of three children Roman Law This was a special privilege given to parents who had three or more children. It included benefits like being excused from certain duties and having priority for public offices.
Ius utendi Right to use property Roman Law This means you have the right to use your property, but without destroying it. For example, you can use a tool, but you can't break it on purpose.

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