Glossary entry (derived from question below)
Latin term or phrase:
norma agendi
English translation:
the standard way to perform
Added to glossary by
Flavio Ferri-Benedetti
Nov 19, 2003 19:03
20 yrs ago
2 viewers *
Latin term
norma agendi
Latin to English
Law/Patents
Law (general)
law
the whole body of law as a norma agendi which aims at regulating the inter-relationships between men.
Proposed translations
(English)
Proposed translations
+3
3 mins
Selected
the standard way to perform
That's it.
Flavio
Flavio
4 KudoZ points awarded for this answer.
Comment: "Graded automatically based on peer agreement."
+1
6 mins
rule of action, operation
.
Peer comment(s):
agree |
dawn39 (X)
: "rule of action". Have a good day :)
1 hr
|
thank you :)
|
58 mins
due process of law
Lit., 'standard of proceeding' (the gerund of 'agere' clearly being employed here as a legal technical term which = '(legal) procedure'; cf. such phrases as 'causam agere', 'iure agere', 'lege agere', etc.).
I believe that this would be the closest translation using American legal terminology. I'm not certain how aptly it would apply outside of the USA. But here it essentially means that citizens cannot be subjected to irregular enforcement of the laws, and that the laws must conform with constitutionally and/or internationally accepted legal principles, e.g., that a defendant has the right to confront his accuser, or that a spouse is not obligated to testify against the other spouse.
I believe that this would be the closest translation using American legal terminology. I'm not certain how aptly it would apply outside of the USA. But here it essentially means that citizens cannot be subjected to irregular enforcement of the laws, and that the laws must conform with constitutionally and/or internationally accepted legal principles, e.g., that a defendant has the right to confront his accuser, or that a spouse is not obligated to testify against the other spouse.
+1
1 hr
The objective right
Subjective right
Subjective right (facultas agendi) indicates the ability attributed to a person's desire to act on satisfying their own interests (ability recognised and guaranteed by the objective right). The objective right (also called norma agendi) is the set of regulations set apart for conduct that discipline a community, a society, etc. An example in more precise terms is: the subjective right is the situation for which a disabled person who did not receive what the law foresees for them can appeal to the Ordinary Judge to achieve recognition of this right.
Disability
Subjective right (facultas agendi) indicates the ability attributed to a person's desire to act on satisfying their own interests (ability recognised and guaranteed by the objective right). The objective right (also called norma agendi) is the set of regulations set apart for conduct that discipline a community, a society, etc. An example in more precise terms is: the subjective right is the situation for which a disabled person who did not receive what the law foresees for them can appeal to the Ordinary Judge to achieve recognition of this right.
Disability
Peer comment(s):
agree |
dawn39 (X)
: have a nice day, Jolanta :)
21 mins
|
1 hr
the rule of action >> subjective right
ius
norma agendi >> objective right: the rule of action.
facultas agendi >> subjective right: the right to act.
"The different meanings of the word "ius" were for a long time familiar to the lawyers who had been brought up in the study of the Roman law. They had carefully distinguished between "objective" and "subjective right", between the **norma agendi** (the rule of action) and the facultas agendi (the right to act) which can both be indicated by the same name of "ius". But they had never overlooked the fact, which Hobbes seems either to ignore or to implicitly deny, that the two meanings of "ius" are not antithetical, but correlative. In the language of the law-schools and as we have seen of St Thomas, ius could be used in an "objective" as well as in a "subjective" sense: but the latter always presupposes the former. There is a facultas agendi inasmuch as there is a norma agendi. There is a "right" inasmuch as there is a law".
¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨
Have a nice day!
norma agendi >> objective right: the rule of action.
facultas agendi >> subjective right: the right to act.
"The different meanings of the word "ius" were for a long time familiar to the lawyers who had been brought up in the study of the Roman law. They had carefully distinguished between "objective" and "subjective right", between the **norma agendi** (the rule of action) and the facultas agendi (the right to act) which can both be indicated by the same name of "ius". But they had never overlooked the fact, which Hobbes seems either to ignore or to implicitly deny, that the two meanings of "ius" are not antithetical, but correlative. In the language of the law-schools and as we have seen of St Thomas, ius could be used in an "objective" as well as in a "subjective" sense: but the latter always presupposes the former. There is a facultas agendi inasmuch as there is a norma agendi. There is a "right" inasmuch as there is a law".
¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨
Have a nice day!
Reference:
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