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The young man knows the rules, but the old man knows the exceptions.
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Legal Definitions - licere
Definition of licere
licere is a Latin term from Roman law that signifies something is legally permissible or authorized. It refers to the state of being "allowed by law," indicating that an action, right, or condition has the sanction of the legal system and is not prohibited.
Here are some examples to illustrate this concept:
Imagine a Roman citizen, Gaius, who owns a piece of land. Under Roman property law, it would be licere for Gaius to build a house on his land and cultivate crops without needing special permission, as these actions are inherently allowed by his ownership rights.
This example demonstrates licere because Gaius's actions of building and farming are explicitly permitted by the established Roman legal framework concerning land ownership, meaning he is legally entitled to perform them.
Consider a situation where a Roman merchant, Julia, wishes to trade goods in a specific public market. If the market regulations and city ordinances permit women to engage in commerce, then it would be licere for Julia to set up her stall and conduct business there.
Here, licere highlights that Julia's commercial activity is sanctioned by the relevant laws and regulations, making her participation in the market legally permissible.
In Roman family law, a paterfamilias (head of the family) had extensive legal authority over his household. It would be licere for him to manage the family's assets, arrange marriages for his children, and represent the family in legal matters, as these powers were legally vested in his role.
This illustrates licere by showing that the paterfamilias's actions and decisions within his domain were not merely customary but were explicitly recognized and allowed by Roman law due to his legal status.
Simple Definition
Licere is a Latin verb from Roman law meaning "to be allowed by law." It refers to something legally permissible or authorized. This term highlights the legal permissibility of an action or right within the Roman legal system.