useful latin phrases & terms
There is a really useful and comprehensive latin dictionary of international legal terms: Aaron Fellmeth & Maurice Horowitz, Guide to Latin in International Law (Oxford: Oxford University Press, 2009). WCL has the print version in our collection (K 52.L37 F45 2009). The main AU Library subscribes to Oxford Reference (with 5 concurrent users), and that database includes the online version.
- de lege ferendā
- of (or from) the future law, of (or from) the law that should be (the ablative case of lex ferenda)
- de lege lata
- of (or from) the law borne (carried), of (or from) the law that exists (the ablative case of lex lata)
- lex ferenda
- the future law, the law that should be (in the nominative case); in other words, aspirational law
- lex lata
- the law borne (carried), the law that is, the law that exists (in the nominative case)
- lex posterior derogat priori
- a later law repeals an earlier law (one of the general principles regulating the relationship of norms deriving from the same source)
- lex posterior generalis non derogat priori speciali
- a later general law does not repeal an earlier specialized law (one of the general principles regulating the relationship of norms deriving from the same source)
- lex specialis derogat generali
- a specialized law prevails over a general law (one of the general principles regulating the relationship of norms deriving from the same source)
- ne bis in idem
- not twice for the same thing (in the imperative mood), no one should be tried twice for the same act, no double jeopardy
- non bis in idem
- not twice for the same thing (as a result clause), no one should be tried twice for the same act, no double jeopardy
- non impediti ratione cogitationis
- unencumbered by the thought process
- nulla pœna sine lege
- no punishment without law, no one may be punished except how it is set out in the law
- nullum crimen sine lege
- No crime without law, no person may be convicted for an act that was not a crime at the time of commission
- proprio motu
- from its own motion, the court or prosecutor deciding to do something without being prompted by another party (sometimes proprio suo motu)
- ratione personæ
- by reason of the person concerned; in criminal jurisdiction, the power of the court to hear a case based upon who is charged
- ratione temporis
- by reason of the time the act was committed; in criminal jurisdiction, the power of the court to hear a case based upon when the act was committed
- ratione loci
- by reason of the place concerned; in criminal jurisdiction, the power of the court to hear a case based upon where the act was committed
- ratione materiæ
- by reason of the subject-matter involved; in criminal jurisdiction, the power of the court to hear a case based upon whether the crime charged falls within the subject-matter jurisdiciton of the court