Legal Definitions - per modum justitiae

Per modum justitiae is a historical Latin legal phrase that translates to "by way of justice." It describes an action, decision, or ruling that is carried out specifically to uphold what is considered fair, lawful, or morally right according to established principles or the prevailing understanding of justice at the time. It implies a direct application of justice, rather than an act of mercy, a penalty, or a discretionary favor.

• Example 1: Restoring Property Rights

  In a historical context, if a court reviewed a case where a powerful noble had unjustly seized land from a commoner, and the court subsequently ordered the land to be returned to its rightful owner based on ancient charters and established property laws, this decision would be considered an action taken per modum justitiae. The court's ruling directly rectified an injustice by upholding the legal rights of the commoner.

• Example 2: Ensuring Fair Legal Process

  Imagine a historical legal reform movement that successfully advocated for new laws guaranteeing all citizens, regardless of their social status, the right to a public trial and the ability to present evidence in their defense. The enactment of these laws would be an example of a legislative act undertaken per modum justitiae, as its core purpose was to establish and enforce principles of fairness and equity within the judicial system for everyone.

• Example 3: Resolving International Disputes

  Consider a historical arbitration panel convened to resolve a border dispute between two neighboring kingdoms. After meticulously examining historical treaties, maps, and testimonies, the panel issues a ruling that precisely defines the boundary based on the presented evidence and established international customs. This decision, aimed at impartially resolving the conflict according to agreed-upon legal principles, would be an act per modum justitiae.