英文法律词典 L-9

LAW, CRIMINAL. By criminal law is understood that system of laws which provides for the mode of trial of persons charged with criminal offences, defines crimes, and provides for their punishments.

LAW, FOREIGN. By foreign laws are understood the laws of a foreign country. The states of the American Union are for some purposes foreign to each other, and the laws of each are foreign in the others. See Foreign laws.

LAW, INTERNATIONAL. The law of nature applied² to the affairs of nations, commonly called the law of nations, jus gentium; is also called by some modern authors international law. Toullier, Droit Francais, tit. rel. §12. Mann. Comm. 1; Bentham. on Morals, &c., 260, 262; Wheat. on Int. Law; Foelix, Du Droit Intern¹. PrivÇ, n. 1.

LAW, MARTIAL³Martial law is a code established for the government of the army and navy of the United States.

2. Its principal rules are to be found in the articles of war. (q. v.) The object of this code, or body of regulations is to, maintain that order and discipline, the fundamental principles of which are a due obedience⁴ of the several ranks to their proper officers, a subordination of each rank to their superiors, and the subjection of the whole to certain rules of discipline, essential to their acting⁵ with the union and energy of an organized body. The violations⁶ of this law are to be tried by a court martial. (q. v.)

3. A military commander has not the power, by declaring a district to be under martial law, to subject all the citizens to that code, and to suspend the operation of the writ⁷ of habeas corpus. 3 Mart. (Lo.) 531. Vide Hale's Hist. C. L. 38; 1 Bl. Com. 413; Tytler on Military Law; Ho. on C. M.; M'Arth. on C. M.; Rules and Articles of War, art. 64, et seq; 2 Story, L. U. S. 1000.

LAW, MERCHANT. A system of customs acknowledged and taken notice of by all commercial nations; and those customs constitute a part of the general law of the land; and being a part of that law their existence cannot be proved by witnesses, but the judges are bound to take notice of them ex officio. See Beawes' Lex Mercatoria Rediviva; Caines' Lex Mercatoria Americana; Com. Dig. Merchant, D; Chit. Comm. Law; Pardess. Droit Commercial; Collection des Lois Maritimes antÇrieure au dix hutiäme siäcle, par⁸ Dupin; Capmany, Costumbres Maritimas; II Consolato del Mare¹⁰; Us et Coutumes de la Mer; Piantandia, Della Giurisprudenze Maritina Commerciale, Antica e Moderna; Valin, Commentaire sur l'Ordonnance de la Marine¹¹, du Mois d'Aoñt, 1681; Boulay-Paty, Dr. Comm.; Boucher, Institutions au Droit Maritime⁹.

LAW, MUNICIPAL. Municipal law is defined by Mr. Justice Blackstone to be "a rule of civil conduct prescribed by the supreme¹² power in a state, commanding what is right and prohibiting what is wrong." This definition has been criticised, and has been perhaps, justly considered imperfect. The latter part has been thought superabundant to the first; see Mr. Christian's note; and the first too general and indefinite, and too limited in its signification to convey a just idea of the subject. See Law, civil. Mr. Chitty defines municipal law to be "a rule of civil conduct, prescribed by the supreme power in a state, commanding what shall be done or what shall not be done." 1 Bl. Com. 44, note 6, Chitty's edit.

2. Municipal law, among the Romans, was a law made to govern a particular city or province; this term is derived¹³ from the Latin municipium, which among them signified a city which was governed by its own laws, and which had its own magistrates¹⁴.