Legal Definitions - civilian

The term civilian generally refers to an individual who is not a member of the military. However, in specific legal contexts, it can also describe a lawyer or scholar operating within a civil law system.

• 1. A person not serving in the military.

  This is the most common understanding of the term, distinguishing individuals from those in active military service.

  • Example 1: During a natural disaster, emergency responders like firefighters and police officers work to protect the general public. In this scenario, the people being rescued and assisted, who are not part of the armed forces, are referred to as civilians.

    Explanation: This example illustrates the distinction between individuals in specific service roles (even non-military emergency services) and the broader population not involved in military duties.

  • Example 2:International humanitarian law dictates that during armed conflicts, parties must take all feasible precautions to protect civilians and civilian objects. This means individuals who are not combatants and are not directly participating in hostilities should not be targeted.

    Explanation: Here, civilian refers to non-combatants in a war zone, highlighting their protected status under international law due to their non-military affiliation.

• 2. A lawyer practicing in a civil-law jurisdiction.

  In legal systems primarily based on Roman law, known as civil law systems (common in many European, South American, and Asian countries), a lawyer who practices law is sometimes referred to as a civilian. This usage distinguishes them from lawyers in common law systems or those practicing military law.

  • Example: In Germany, a country with a civil law system, a legal professional advising a company on a commercial contract dispute would be considered a civilian lawyer within the context of their legal practice, which is rooted in civil law principles rather than common law precedents.

    Explanation: This example demonstrates the specialized use of the term to describe a legal practitioner within a specific type of legal system, emphasizing the civil law tradition.

• 3. A scholar in civil or Roman law.

  This refers to an academic or scholar who specializes in the study of civil law, which includes the historical development and principles of ancient Roman law.

  • Example: Professor Anya Sharma, who teaches at a university and has published several influential books on the evolution of property rights in ancient Rome and its influence on modern European legal codes, is widely regarded as a distinguished civilian scholar in her field.

    Explanation: This example illustrates the term's application to an academic expert whose research and teaching focus on the historical and theoretical aspects of civil and Roman law.