Rescript
Encyclopedia
A rescript is a document that is issued not on the initiative of the author, but in response (it literally means 'written back') to a specific demand made by its addressee. It does not apply to more general legislation.
, to the forwarding of the demand with a simple mention by way of decision, something like "rejected" or "awarded", either to the party concerned or to the competent executive office to be carried out.
The word originated from the Roman imperial court, which often issued rescripts, in many cases prompted by its many governors and other officials. The other main field of application is the papal Roman Curia
, which adopted many Roman administrative terms and practices. The Massachusetts
appellate courts issue rescripts to the lower courts; these are the equivalent of mandates in federal appellate practice.
By analogy it is also applied to similar procedures in other contexts, such as the Ottoman
, Chinese
and Japan
ese imperial courts, or even before the Roman empire.
. In Roman Catholicism rescripts are responses in writing by the pope
or a Sacred Congregation to queries or petitions of individuals.
, people have the possibility to ask an administration for a rescrit (rescript), which means that they will present to the competent administration a circumstanced particular case, and obtain a formal answer (the rescrit) by the administration explaining how the law will be applied to the submitted particular case. The rescript is binding for the administration, and may be used before a court of law to exonerate the person who asked for the rescript in case of prosecution. In English common law such a hypothetical process is not allowed, and cases must be determined on fact.
Overview
It may take various forms, from a formal document of an established type, such as a Papal BullPapal bull
A Papal bull is a particular type of letters patent or charter issued by a Pope of the Catholic Church. It is named after the bulla that was appended to the end in order to authenticate it....
, to the forwarding of the demand with a simple mention by way of decision, something like "rejected" or "awarded", either to the party concerned or to the competent executive office to be carried out.
The word originated from the Roman imperial court, which often issued rescripts, in many cases prompted by its many governors and other officials. The other main field of application is the papal Roman Curia
Roman Curia
The Roman Curia is the administrative apparatus of the Holy See and the central governing body of the entire Catholic Church, together with the Pope...
, which adopted many Roman administrative terms and practices. The Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
appellate courts issue rescripts to the lower courts; these are the equivalent of mandates in federal appellate practice.
By analogy it is also applied to similar procedures in other contexts, such as the Ottoman
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...
, Chinese
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
and Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
ese imperial courts, or even before the Roman empire.
Papal rescripts
Papal rescripts concern the granting of favours or the administration of justice under canon lawCanon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
. In Roman Catholicism rescripts are responses in writing by the pope
Pope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
or a Sacred Congregation to queries or petitions of individuals.
French legal system
In FranceFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, people have the possibility to ask an administration for a rescrit (rescript), which means that they will present to the competent administration a circumstanced particular case, and obtain a formal answer (the rescrit) by the administration explaining how the law will be applied to the submitted particular case. The rescript is binding for the administration, and may be used before a court of law to exonerate the person who asked for the rescript in case of prosecution. In English common law such a hypothetical process is not allowed, and cases must be determined on fact.