Legal Definitions - jus

Jus is a Latin term that broadly refers to law, right, or a legal principle. It can describe the overarching concept of law itself, a specific system of law, or an individual legal right or power. Unlike a specific written statute, jus often refers to the more fundamental, abstract ideas that underpin a legal system or the inherent rights individuals possess.

• Example 1: Law in the Abstract / Fundamental Principles

  When a society debates the fundamental principles of fairness and equality that should underpin its entire legal code, rather than discussing a specific statute, they are considering the concept of jus. For instance, a national discussion about whether all citizens have a fundamental jus to access healthcare, regardless of their income, focuses on a broad legal principle rather than a particular law.

  This example illustrates jus as the broad, abstract idea of what constitutes just law, the foundational principles upon which specific laws might eventually be built.

• Example 2: A Specific Legal Right

  An individual asserting their fundamental jus to due process means they have an inherent right to a fair hearing before the government can take away their life, liberty, or property. This right exists independently of the specific procedural rules that might govern a particular court case.

  This demonstrates jus as a specific, inherent legal right or power that individuals possess, which is distinct from the detailed procedural rules that implement that right.

• Example 3: A System of Law or a Body of Principles

  International legal scholars discussing the jus that governs the conduct of warfare are referring to the entire body of international humanitarian law and its underlying principles, not just one specific treaty or convention. This encompasses the rules and customs that dictate how armed conflicts should be conducted to minimize suffering.

  In this context, jus encompasses a comprehensive system of law and its guiding principles, illustrating its use to describe a broad legal framework rather than a single written rule.