The term “communis opinio doctorum” is a Latin phrase that translates to “learned common opinion.” It pertains to the consensus among scholars regarding aspects of Roman law, which was compiled by the glossators of Justinian’s texts in the later Middle Ages.
The term “communis opinio doctorum” is a Latin phrase that means “learned common opinion.” It refers to the consensus among scholars on various aspects of Roman law, as compiled by the glossators of Justinian’s texts during the later Middle Ages. An instance of communis opinio doctorum is the agreement among legal experts that a contract must possess a valid offer, acceptance, and consideration in order to be legally binding. Another example is the widely accepted belief that an individual cannot be subjected to punishment twice for the same offence, commonly known as double jeopardy. These examples demonstrate how legal scholars have arrived at a shared understanding of certain principles of Roman law through their examination and analysis of Justinian’s texts. This collective knowledge serves as the foundation for modern legal systems in numerous countries.
Communis Opinio Doctorum refers to the common opinion of legal scholars or experts in a particular field. It represents the prevailing view or consensus among legal professionals on a specific legal issue.
Communis Opinio Doctorum is determined through a comprehensive analysis of legal literature, scholarly articles, court decisions, and legal opinions expressed by experts in the field. It is not a binding legal authority but carries significant weight in legal discussions and interpretations.
Yes, Communis Opinio Doctorum can change over time as new legal developments, societal changes, or reinterpretations of existing laws occur. It is not a static concept and can evolve based on emerging legal theories and perspectives.
Communis Opinio Doctorum is not universally applicable in all legal jurisdictions. It primarily holds relevance in common law systems where legal scholars’ opinions are considered influential. Civil law jurisdictions may have different approaches to legal interpretation and rely less on the consensus of legal experts.
No, Communis Opinio Doctorum cannot be used as a legal precedent. It does not have the same binding effect as court decisions or statutory laws. However, it can be persuasive in legal arguments and may influence judicial reasoning.
To access Communis Opinio Doctorum on a specific legal issue, you can refer to legal databases, academic journals, books written by legal scholars, or consult with legal experts in the relevant field. These sources often provide insights into the prevailing opinions and debates among legal professionals.
Yes, Communis Opinio Doctorum can be challenged or criticized. Legal scholars and experts may have differing opinions on a particular issue, and it is common for debates and disagreements to arise within the legal community. Challenging or criticizing Communis Opinio Doctorum can contribute to the development of legal thought and the refinement of legal principles.
Communis Opinio Doctorum is not binding on judges or courts. Judges have the discretion to consider and weigh the opinions of legal scholars, but they are ultimately bound by the applicable laws, precedents, and the specific facts of each case.
Yes, Communis Opinio Doctorum can be used to interpret ambiguous laws. When a statute or legal provision is unclear or open to multiple interpretations, legal scholars’ consensus can provide guidance and assist in determining the most reasonable interpretation.
Communis Opinio Doctorum contributes to legal certainty by providing a sense of predictability and stability in legal interpretations. When legal professionals generally agree on a particular legal issue, it helps establish a common understanding and reduces uncertainty in legal practice. However, it is important to note that legal certainty is ultimately determined by binding legal authorities such as statutes and court decisions.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/communis-opinio-doctorum/
- Modern Language Association (MLA):Communis Opinio Doctorum. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/communis-opinio-doctorum/.
- Chicago Manual of Style (CMS):Communis Opinio Doctorum. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/communis-opinio-doctorum/ (accessed: May 09 2024).
- American Psychological Association (APA):Communis Opinio Doctorum. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/communis-opinio-doctorum/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts