Per modum justitiae, which is Latin for “by way of justice,” denotes a circumstance in which justice is being administered or maintained. On the other hand, per modum poenae, which translates to “by way of penalty” in Latin, signifies a scenario in which a penalty or punishment is being enforced for misconduct.
The Latin term “per modum justitiae” translates to “by way of justice” and is commonly used in historical contexts. In the trial, the judge ensured that the verdict was reached per modum justitiae, meaning it was determined based on what was fair and just according to the law. Similarly, the Latin term “per modum poenae” translates to “by way of penalty” and is also used in historical contexts. The criminal was punished per modum poenae, indicating that the penalty was determined based on the seriousness of the crime committed. These examples demonstrate how the terms per modum justitiae and per modum poenae were employed in historical contexts to describe the administration of justice and penalties. They highlight that decisions were made in accordance with what was fair and just according to the law, and that penalties were proportionate to the severity of the crime.
“Per Modum Justitiae” is a Latin phrase that translates to “in the manner of justice.” It is often used in legal contexts to emphasize the importance of fairness and adherence to legal principles.
“Per Modum Justitiae” serves as a guiding principle for the legal system, ensuring that all individuals are treated fairly and equally under the law. It emphasizes the importance of due process, impartiality, and the protection of individual rights.
In court proceedings, “Per Modum Justitiae” is reflected in the requirement for fair and unbiased judges, the right to legal representation, the presumption of innocence until proven guilty, and the opportunity for all parties to present their case and evidence.
In criminal law, “Per Modum Justitiae” ensures that individuals accused of crimes are afforded their constitutional rights, such as the right to a fair trial, the right to confront witnesses, and the right to be free from unreasonable searches and seizures.
Yes, “Per Modum Justitiae” is applicable in civil law cases too. It ensures that all parties involved in a civil dispute have an equal opportunity to present their arguments, access to legal representation, and a fair and impartial resolution of their claims.
“Per Modum Justitiae” plays a crucial role in protecting the rights of marginalized or disadvantaged individuals by ensuring equal treatment and access to justice. It prevents discrimination based on factors such as race, gender, socioeconomic status, or disability.
While “Per Modum Justitiae” is a fundamental principle, there may be exceptional circumstances where it can be limited or overridden. For example, in cases of national security or public safety, certain rights may be temporarily restricted, but only to the extent necessary and proportionate to the situation.
“Per Modum Justitiae” guides the sentencing process by ensuring that punishments are proportionate to the severity of the crime committed. It prevents excessive or arbitrary punishments and promotes the principles of rehabilitation, deterrence, and retribution.
Yes, “Per Modum Justitiae” can be invoked in international legal disputes as well. It serves as a guiding principle in international law, ensuring fairness and justice in resolving conflicts between nations or international organisations.
To ensure their rights are protected “Per Modum Justitiae,” individuals should familiarize themselves with the laws and legal processes relevant to their situation. They should seek legal advice, exercise their rights, and report any violations or injustices they encounter to the appropriate authorities.
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.
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