Lex lata
WiktionaryText
Etymology
Literally "the law borne," i.e. ratified. Cf. legislator who makes laws, lit. "bearer of the law."
Quotations
- 1997, Lyal S Sunga, The Emerging System of International Criminal Law http://books.google.com/books?ie=UTF-8&hl=en&vid=ISBN9041104720&id=Dbb8eQH-vbQC&pg=PA127&lpg=PA127&sig=3A8fBOXMx7bQAO7AWXOIUA6Lzyw
- At that point, little purpose would be served in maintaining categories fashioned so closely to the lex lata that the Code would crystallize traditional technical distinctions.
- 2000, Nikolaos K. Tsagourias, The Jurisprudence of International Law http://books.google.com/books?ie=UTF-8&hl=en&vid=ISBN0719054656&id=V_YiUMuaIQwC&pg=PA30&lpg=PA30&sig=Gpm22qlBVtypDtVqQreLbz6pDrw
- This also betrays an interest in transforming world order by approximating lex lata with lex ferenda.
- 2002, Netherlands Yearbook of International Law, 2001 http://books.google.com/books?ie=UTF-8&hl=en&vid=ISBN9067041556&id=7tV2LgZzjn8C&lpg=PA5&pg=PA4&sig=tqI91yfti-e5shuss0twPraRca8
- Lex ferenda serves as a label for something which has at least conceptual existence, as a contrast or opposite to lex lata, the law that exists and obliges the subjects of law to adopt, or to refrain from, certain defined courses of conduct in certain defined circumstances.