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Simple English definitions for legal terms
media sententia
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A quick definition of media sententia:
Media sententia is a Latin term used in Roman law to describe a middle view. It refers to a situation where two extreme views are presented, but a moderate opinion is taken instead. For example, in the case of changing the form of raw materials to create a new article, one group believed that the maker of the new article was the owner, while the other believed that the owner of the raw materials was still the owner. The middle view, or media sententia, was that if the new article could be turned back into its original raw materials, then the owner of the raw materials was also the owner of the new article. However, if the new article could not be turned back into its original raw materials, then the maker of the new article was the owner.
A more thorough explanation:
Media sententia is a legal term that means a middle view. It comes from Roman law.
For example, in Roman law, there were two extreme views about who owned a new object made from raw materials. The Proculeians believed that the maker of the new object owned it, while the Sabinians believed that the owner of the raw materials owned the new object. However, Justinian, a Roman emperor, followed a middle view. He said that if the new object could be turned back into its raw materials, then the owner of the raw materials also owned the new object. But if the new object could not be turned back into its raw materials, then the maker of the new object owned it.
Media sententia is important because it helps to find a fair solution when there are two extreme views about a legal issue. It allows people to find a middle ground that is reasonable and fair to everyone involved.