{"id":4595,"date":"2020-06-20T20:05:18","date_gmt":"2020-06-20T20:05:18","guid":{"rendered":"https:\/\/thejosias.net\/?p=4595"},"modified":"2021-01-09T07:36:24","modified_gmt":"2021-01-09T07:36:24","slug":"ius-iustitium","status":"publish","type":"post","link":"https:\/\/thejosias.net\/2020\/06\/20\/ius-iustitium\/","title":{"rendered":"Ius & Iustitium"},"content":{"rendered":"\n

We are happy to announce Ius & Iustitium<\/a><\/em>, a new blog associated with The Josias<\/em>. It will focus on jurisprudence, discussing both theoretical matters and current events from an integralist perspective. The title is meant to evoke both the more general and the more particular.<\/p>\n\n\n\n\n\n\n\n

The word ius <\/em>or jus, <\/em>usually translated \u201cright,\u201d has a range of meanings<\/a>:<\/p>\n\n\n\n

  1. In its primary sense it means the just thing (or action), <\/em>that is the thing or action due to another (objective right). That is, it is the object <\/em>of the virtue of justice. For example, a fair share of the spoils of battle is due to Achilles\u2014 it is his right. <\/em>Or, money is due to the baker who gives me the loaf. The spoils or the money are themselves the right. That is, it is not primarily that Achilles has a right to the spoils<\/em>, but rather that the spoils are his right<\/em>. <\/li>
  2. Nevertheless, by analogy of attribution one can say that the subjective power that Achilles has over the spoils (that is the moral power that he has to unhindered possession and use of them) can also be called a right <\/em>(subjective right). <\/li>
  3. In many languages a further extension of the analogy is made by which the name right is also given to that by which we know what is due to whom, <\/em>that is, the science and the art of jurisprudence. <\/em>In English it is customary to say that one \u2018studies law<\/em>,\u2019 whereas in other languages it is customary to say that one \u2018studies right.\u2019 <\/em>Strictly speaking, law is a source <\/em>of right. The prudence of the law-giver distributes objective rights with a view to the common good. The jurist, looks at the various kinds of law (divine, natural, canonical, civil, etc.) to determine what is due in particular cases. The jurist looks at the whole \u2018juridical order,\u2019 that is, the whole system of rights, which is directed to the common goods of the various societies which persons make up.<\/li>
  4. In Latin there is yet another analogical extension of the word ius <\/em>to mean the institutions <\/em>for administering justice, or the business of the courts of justice<\/em>. Thus a man can be said to appear in jure, <\/em>meaning in a legal proceeding in a court.<\/li><\/ol>\n\n\n\n

    The term iustitium <\/em>means a suspension of normal juridical proceedings. It is probably derived from ius sistere<\/em>, <\/em>where ius<\/em> is taken in sense 4: legal business. In particular exceptional emergencies the common good can actually demand that normal juridical procedures be suspended. Thus Cicero writes in the fifth Phillipic:<\/p>\n\n\n\n

    I think that the business that is to be done must be done without any delay and instantly. I say that it is necessary that we should decree that there is sedition abroad, that we should suspend the regular courts of justice (iustitium<\/strong> edici<\/strong>), order all men to wear the garb of war, and enlist men in all quarters suspending all exemptions from military service in the city and in all Italy except in Gaul.<\/p><\/blockquote>\n\n\n\n

    Iustitium <\/em>too can be extended by analogy to refer to the kind of action that is necessary when the juridical establishment has become corrupt, giving the primacy to subjective rather than objective right, thus severing the juridical order from the common good.<\/p>\n\n\n\n

    It is our hope that Ius & Iustitium<\/em> will be helpful in carrying principles of Catholic integralism into juridical debates that are so crucial to the realization of the common good in our time.<\/p>\n","protected":false},"excerpt":{"rendered":"

    We are happy to announce Ius & Iustitium, a new blog associated with The Josias. It will focus on jurisprudence, discussing both theoretical matters and current events from an integralist perspective. The title is meant to evoke both the more general and the more particular.<\/p>\n","protected":false},"author":4,"featured_media":3414,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"spay_email":"","jetpack_publicize_message":""},"categories":[2],"tags":[],"jetpack_featured_media_url":"https:\/\/i2.wp.com\/podcast.thejosias.net\/2018\/altenburg_bibliothek_nord-3.jpg?fit=1280%2C960&ssl=1","jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p9yLvQ-1c7","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":2056,"url":"https:\/\/thejosias.net\/2017\/05\/16\/notes-on-right-and-law\/","url_meta":{"origin":4595,"position":0},"title":"Notes on Right and Law","date":"May 16, 2017","format":false,"excerpt":"by\u00a0Petrus Hispanus 1. The words right and law refer to related realities. Their meaning is derived from the Latin ius and lex. The more fundamental of these is ius, as regards both the nature of the virtue of justice generally, and the juridical order specifically. In English, this is obscured\u2026","rel":"","context":"In "Articles"","img":{"alt_text":"","src":"https:\/\/i0.wp.com\/thejosias.net\/wp-content\/uploads\/2017\/05\/le-corbeau-et-le-renard-french-poem-audio.png?fit=680%2C318&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":3630,"url":"https:\/\/thejosias.net\/2018\/04\/11\/hard-liberalism-soft-liberalism-and-the-american-founding\/","url_meta":{"origin":4595,"position":1},"title":"Hard Liberalism, Soft Liberalism, and the American Founding","date":"April 11, 2018","format":false,"excerpt":"by Edmund Waldstein, O.Cist 1. Hard Liberalism: Patrick Deneen on Thomas Hobbes In Why Liberalism Failed, Patrick Deneen identifies a double principle underlying the liberal conception of liberty: 1) an anthropological individualism and a voluntarist understanding of choice, and 2) a view of human beings as separate from and opposed\u2026","rel":"","context":"In "Articles"","img":{"alt_text":"","src":"https:\/\/i0.wp.com\/podcast.thejosias.net\/2018\/Screen-Shot-2018-04-11-at-15.44.14.png?fit=1200%2C935&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":4007,"url":"https:\/\/thejosias.net\/2019\/01\/16\/the-declaration-of-the-rights-of-man-and-of-the-citizen-against-natural-law\/","url_meta":{"origin":4595,"position":2},"title":"The Declaration of the Rights of Man and of the Citizen: Against Natural Law","date":"January 16, 2019","format":false,"excerpt":"Terror or, generally speaking, totalitarianism is not against the Declaration of the Rights of Man and of the Citizen. On the contrary, it\u2019s one possible consequence of the separation of human rights from human nature and from the Creator of this human nature\u2014separation which is official in that same Declaration\u2026","rel":"","context":"In "Articles"","img":{"alt_text":"","src":"https:\/\/i1.wp.com\/podcast.thejosias.net\/2018\/214david.jpg?fit=1200%2C649&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":2369,"url":"https:\/\/thejosias.net\/2017\/06\/14\/thomism-and-private-property\/","url_meta":{"origin":4595,"position":3},"title":"Thomism and Private Property","date":"June 14, 2017","format":false,"excerpt":"by W Borman St. Thomas raises the question of private property in the sixty-sixth question of the Secunda Secund\u00e6. The question under which the subsequent articles are organized purports to deal with the issues of theft and robbery. As always, Thomas recognizes that he must start right at the beginning\u2026","rel":"","context":"In "Articles"","img":{"alt_text":"","src":"https:\/\/i0.wp.com\/thejosias.net\/wp-content\/uploads\/2017\/05\/rabbits.jpg?fit=680%2C352&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":830,"url":"https:\/\/thejosias.net\/2015\/05\/16\/lockes-doctrine-of-toleration-a-contract-with-nothingness-part-iii\/","url_meta":{"origin":4595,"position":4},"title":"Locke's Doctrine of Toleration: A Contract with Nothingness (Part III)","date":"May 16, 2015","format":false,"excerpt":"by Jeffrey Bond Today we present the third and final installment\u00a0of an essay\u00a0on John Locke\u2019s doctrine of toleration. \u00a0The first part can be found here, and the second here.\u00a0 An earlier version of this essay appeared in A Letter from the Romans, the Newsletter of the Roman Forum and the\u2026","rel":"","context":"In "Blogposts"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":4168,"url":"https:\/\/thejosias.net\/2019\/11\/29\/introduction-to-natural-law-jurisprudence-part-4\/","url_meta":{"origin":4595,"position":5},"title":"Introduction to Natural Law Jurisprudence (part 4)","date":"November 29, 2019","format":false,"excerpt":"By Professor Brian M. 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