The Birth of a Legal System

The Jurisprudence and Vocabulary of Law 
 

Vocabulary of Law: Ius (iuris), Lex (legis), Droit, Derecho, Diritto, Recht 
Ius: Legal system, individual law, and right

Definitions of Law: 

The  Random House Webster's College Dictionary defines law as "the principles and regulations established by a government." 

Black’s Law Dictionary: That which is laid down, ordained or established.  Law is a body of rules of action or conduct prescribed by controlling authority and having binding legal force.
Custom, written and unwritten 

Legislation: statutes, constitutions, plebiscites, laws, ordinances 

[Court decisions: stare decisis ]

Transcendental legal systems: Ius gentium, ius naturale, religious law, moral and ethical norms 
 

Positive law (ius positivum), John Austin (legal positivism) 

Law in the Early Church

New Testament: Rom. 7:14:  "The law as we know is something spiritual."

Rom. 10:4-5:  "Christ has superceded the law, bringing justification to anyone who will believe (Finis enim legis, Christus, ad iustitiam omni credenti).  The account that Moses gives of that justification that comes from the law is that a man will find life in its commandments if he observes them."   

Gal. 3:10-13:  "Those who take their stand on observance of the law are all under a curse;  Cursed be everyone (we read) who does not persist in carrying out all that this book of law prescribes.  And indeed, that the law cannot make a man acceptable to God is clear enough;  it is faith we are told that brings life to the just man."

2 Corthin. 3:6-7: "All our ability comes from God, since it is he who has enabled us to promulgate his new law to men.  It is spiritual, not a written law; the written law inflicts death, whereas the spiritual law brings life."  verses: 17-18: "The Spirit we have been speaking of is that of the Lord; and where the Lord’s Spirit is, there is freedom."  (Dominus autem spiritus est; ubi autem Spiritus Domini, ibi libertas).
 

Didache (Doctrine of the Twleve Apostles) and other collections of moral precepts that circulated before ca. 300 A.D.

Councils in the Early Church

 

Constantine and the Council of Nicea (325)