Lex lata
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Lex lata (also called de lege lata) is a Latin expression used in matters of international law. Its most common translation is "the law as it exists," but it is sometimes seen as "the law that has been borne,"[1] or "ratified law."[2]
When used in legal proceedings, lex lata refers to the law that is presently enforced. This rules out any previous laws or laws that have not been passed, and prevents the use of hypothetical arguments from any interpreters of the term.
Lex lata can be compared to lus conditum ("established law"),[3] and its opposite is lex ferenda, which translates to "future law" or "what the law ought to be."[4]
Literal Translation
"Lēx" is Latin for "law, and "lata" is derived from the word "lātus," which means "broad" or "wide."[5]
History of Latin Legal Terms
The English language was first used by Germanic tribes who traveled to England around the 5th century A.D.. The language they spoke and introduced to native Britons is referred to as Old English. As more natives came into contact with the Germanic tribes, a common culture developed that we came to call Anglo-Saxon. Though Old English was the Anglo-Saxons' primary language, Latin–which was established during Rome's occupation of Britain–was also used as "the language of law," and later, the language of religion and schooling. Legal language benefitted greatly from the rise of written communication, and Latin was well-suited setting the bar for written communication.[6]
References
- ^ "lex lata". Oxford Reference. Retrieved 2022-09-19.
- ^ Fellmeth, Aaron Xavier (2009). Guide to Latin in international law. Maurice Horwitz. Oxford: Oxford University Press. ISBN 978-0-19-970889-5. OCLC 656286394.
- ^ Fellmeth, Aaron Xavier (2021). Guide to Latin in international law. Maurice Horwitz (Second ed.). New York, NY. ISBN 978-0-19-758313-5. OCLC 1243019158.
{{cite book}}: CS1 maint: location missing publisher (link) - ^ "lex ferenda". Oxford Reference. Retrieved 2022-09-17.
- ^ Morwood, James (2005). Pocket Oxford Latin Dictionary (Third Rev. ed.). New York: Oxford University Press. ISBN 9780198610052.
- ^ Schneiderová, Anna (2018-07-23). "Historical Background to English Legal Language". Journal of Modern Science. 37 (2): 117–126. doi:10.13166/jms/92522. ISSN 1734-2031. S2CID 165477966.
See also