Page:The New International Encyclopædia 1st ed. v. 04.djvu/889

CIVIL DEATH. 783 CIVIL LAW. States, consult Davis is. Laniiig, IS Law Rep. Aiiuol., 1882. lu some 01 the countries of Europe, the ancient doctrine is still applied in cases of persons enter- ing a monastic life. See Attaxnuek; Fob- FEITURE; OlTI_WRY. CIVIL ENGINEER. See Engineer; En- GIXEEKING. CIVILIAN. This term has three meanings, which arc distinct, though intiuialely related. ( 1 ) In a jiopular sense, it signifies a person vhose pursuits arc civil, i.e. neither militarj- nor clerical. As a law term, it means, either (2) a person who is versed in the principles and rules in accordance with which civil rights may be vindicated in society generally, or in the particular State in which he belongs; or (3) one who has made a special study of these rules and principles as exhibited in the laws and gov- ernnicut of Rome (the Roman civil law). The civil law of Rome exercised such an influence upon the formation of the municipal systems of almost all the States of modern Europe, that those who devoted themselves to its study were regarded as "civil' or municipal lawyers par fxcelleiice. From the more learned training which this study demanded, civilian came often to be used as sTioniimious with professor or doctor, as opposed to practitioner of law, the former being generally more deeply versed in the Roman law than the latter: and this in its turn led to its being loosely applied to the international lawyers of the seventeenth century (Grotius, Pufendorf. etc.), who generally Ijelonged to the class of civilians in the sense of Romanists, and who, though their subject was altogether dif- ferent, quoted largely and derived many analo- gies from the Roman jurisprudence. At present, in the United States, from having no class of per- sons who prosecute law as a science as opposed to an art, the term 'civilian' has reverted to its narrower mediaeval sense of student or teacher of the Roman civil law ; and thus we speak of Savigny as a civilian, but not of Storj'. CIVITliIS, .Juxrus (or Clai-dius). A chief of the Uatavi, for twenty-five years connected with the army of Rome. Alienated by unjust treat- ment and by the execution of his brother, .Julius Paulus, be headed an insurrection in Gaul in a.d. 69. but in A.D. "0 was subdued by an anny under Cerealis, general of Vespasian. Tacitus extols his patriotism and heroic acts. CIVILIZATION. In general, the condition of more advanced peoples in contradistinction to those classed as barbaric and savage. Specifi- cally, that stage of human culture characterized by social organization based on the recognition of proprietary rights, especially in land; the third stage in human development. See Man, Science OF. CIVIL LAW. ( 1 ) The law applicable to the citizens (cites) of a particular State (cii-itas). The Romans used the term jus civile in this sense, distinguisliing it from the law observed by all nations (jus gentium), and from the ideal law of nature {jus naturale). (2) The Romans also described their ordinary law, established by custom and by legislation, as their civil law, distinguishing it from the law introduced by the edicts of their magistrates very much as we distinguish common law from equity. (3) In the Middle Ages, civil law meant Roman law as set forth in the law books of Justinian, in dis- tinction from the ecclesiastical or canon law. In England, at the same period, civil law meant Roman law as distinguished from Englisli law. (i) Because the part of the Roman law which has most influenced European legal development is that part which deals with the ordinary rela- tions of private persons, civil law has come, in modern European usage, to mean private law in general, without regard to its origin, as distin- guished from public law. (5) In modern Eng- lisli usage, civil law includes antl designates all the existing systems of private law that are in the main based on the Roman law. Civil law in tliis sense is a blend of Roman, Teutonic, ec- clesiastical, and purely modern institutions and rules, fitted into a framework which is still sub- stantiallj- Roman. It prevails not only upon the Continent of Europe and in the dependencies of the Continental European Stales, but also in Scotland and in many parts of llie world that were first colonized and civilized by the Portu- guese, Spanish, Dutch, or Frencli, and which to- day are independent (Central American and South American republics), or are under the rule of Great Britain (e.g, Soutli Africa, some of the West-Indian islands, the Province of Que- bec) or are now included in, or belong to, the United States (e.g. Louisiana, Porto Rico, and the Philippines). It is also finding its way, in some measure, into non-Christian portions of the world (e.g. Turkey and Japan). HISTORY OF THE CIVIL LAW. I. The Roman City Law {jus civile), during the Royal Period (down to about B.C. 500). was largely religious in its character. The patricians had 'sacral,' or religious,c-ustoms which controlled the public law of the city and regtilatcd their own family relations. The so-called Royal Laws {leges regies), of which some fragments have been preserved, were obviously priestly formula- tions of these customs. The plebeians apparently had no share in this religious law. and they cer- tainly had special forms of marriage and of testa- ment. The customs regulating property and debt were the same for both orders, and were secular in their character. The interpretation of all law, however, whether religious or secular, rested with patrician priests ; and after the expulsion of the kings the enforcement of the law was in the hands of patrician magistrates. In conse- quence of plclieian 'complaints and agitation, the non-political custom of the city was reduced to writing; and the Law of the Twelve Tables, thus drafted, was submitted to and accepted by the po|)ular assembly (c.451-50 B.C.) This code, of which numerous fragments liave come down to us. set forth simjile rules suitable to an agri- cultural community, in a remarkably clear and terse fashion. It established equal law for both orders, except in the matter of marriage; and a few years later (c.44.5 n.c.) even this inequal- ity was removed. This law was priziMl by the R(mians as a charter of liberties, and they rere reluctant to amend its provisions by legislation. The necessary development of the law was there- fore obtained during the following three cen- turies by interpretation. For two centuries the priestly order remained the authoritative inter- jjreters; but after B.C. 2.52. when a jilelieian be- came jiontifex mnximus, the legal system lost its predominantly religious character. With the expansion of Rome, its law was extended over