This article is about the legal term. For the programming language dialect and compiler formerly known as BuckleScript, see Reason (programming language) § ReScript.
A rescript is a public government document. More formally, it refers to such a document issued not on the initiative of the author, but in response to a question (usually legal) posed to the author. The word originates from replies issued by Roman emperors to such questions and is also used in modern legal terminology and the Papal curia.[1]
Rescripts may take various forms, from a formal document of an established type, such as a Papal Bull, 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 rescript derives from the Latin noun rescriptum[2] which itself derives from the Latin verb rescribo, meaning "to write back or... reply in writing". It developed its specialised legal meaning due to regular responses by emperors or lawyers to petitions or legal questions.[3]
While the most common author of a rescript was nominally the emperor, the term referred generally to replies written by various officials from the local or provincial level to bishops in the religious hierarchy.[4] During the high Roman Empire the emperor had an officer, the magister libellorum, to deal with petitions (Latin: libelli) from citizens and draft replies. Those replies, originally written at the bottom of the petition, are thought to have been written largely by the magister libellorum and only issued in the emperor's name.[4] Due to the legal nature of many of those petitions and since the emperor served as a final court of appeal, the office was regularly held by jurists. Among these were Papinianus or Ulpian.[5]
These rescripts, as written answers from the imperial chancery, came to have legislative effect and took on two general forms: letters (Latin: epistulae) and subscriptions (a response validated by the emperor's written signature underneath; Latin: subscriptiones).[6] Some important early legal collections were composed largely of rescripts, for instance the Codices Gregorianus and Hermogenianus.[5] Many imperial rescripts are preserved in the Justinian's Codex which restated the body of Roman law.[6]
Modern lawedit
Franceedit
In 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.
Papal rescripts concern the granting of favours or the administration of justice under canon law. In Roman Catholicism rescripts are responses in writing by the pope or a Congregation of the Roman Curia to queries or petitions of individuals.[7]
United Statesedit
The Massachusetts appellate courts issue rescripts to the lower courts. These are the equivalent of mandates (i.e. writs of mandamus) in federal appellate practice.[8]
Connolly, Serena (2018). "rescripts". Oxford dictionary of late antiquity. Oxford University Press. ISBN978-0-19-866277-8.
Hoad, T F, ed. (1996). Concise Oxford dictionary of English etymology. Oxford University Press. ISBN978-0-19-283098-2.
Hornblower, Simon; et al., eds. (2012). The Oxford classical dictionary (4th ed.). Oxford University Press. ISBN978-0-19-954556-8. OCLC 959667246.
Honoré, Tony. "magister libellorum". In OCD4 (2012).doi:10.1093/acrefore/9780199381135.013.3867
Nicholas, Barry. "constitutions". In OCD4 (2012).doi:10.1093/acrefore/9780199381135.013.1796
Lewis, Charlton T; Short, Charles, eds. (1879). "rescribo". A Latin dictionary. Oxford: Clarendon Press.
December 20, 2023
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This article is about the legal term For the programming language dialect and compiler formerly known as BuckleScript see Reason programming language ReScript This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Rescript news newspapers books scholar JSTOR November 2013 Learn how and when to remove this template message A rescript is a public government document More formally it refers to such a document issued not on the initiative of the author but in response to a question usually legal posed to the author The word originates from replies issued by Roman emperors to such questions and is also used in modern legal terminology and the Papal curia 1 Rescripts may take various forms from a formal document of an established type such as a Papal Bull 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 Contents 1 Etymology 2 Roman law 3 Modern law 3 1 France 4 Papacy 4 1 United States 5 See also 6 References 7 BibliographyEtymology editThe word rescript derives from the Latin noun rescriptum 2 which itself derives from the Latin verb rescribo meaning to write back or reply in writing It developed its specialised legal meaning due to regular responses by emperors or lawyers to petitions or legal questions 3 By analogy the term rescript is also applied to similar procedures in other contexts such as the Ottoman Chinese and Japanese imperial courts or even prior to the Roman empire Two well known examples of Japanese Imperial rescripts were Emperor Hirohito s 1945 Imperial Rescript on the Termination of the War written in response to the Potsdam Declaration and his 1946 Humanity Declaration written in response to a request by General Douglas MacArthur Roman law editWhile the most common author of a rescript was nominally the emperor the term referred generally to replies written by various officials from the local or provincial level to bishops in the religious hierarchy 4 During the high Roman Empire the emperor had an officer the magister libellorum to deal with petitions Latin libelli from citizens and draft replies Those replies originally written at the bottom of the petition are thought to have been written largely by the magister libellorum and only issued in the emperor s name 4 Due to the legal nature of many of those petitions and since the emperor served as a final court of appeal the office was regularly held by jurists Among these were Papinianus or Ulpian 5 These rescripts as written answers from the imperial chancery came to have legislative effect and took on two general forms letters Latin epistulae and subscriptions a response validated by the emperor s written signature underneath Latin subscriptiones 6 Some important early legal collections were composed largely of rescripts for instance the Codices Gregorianus and Hermogenianus 5 Many imperial rescripts are preserved in the Justinian s Codex which restated the body of Roman law 6 Modern law editFrance edit In 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 Papacy editMain article Papal rescripts See also Canon law Catholic Church Papal rescripts concern the granting of favours or the administration of justice under canon law In Roman Catholicism rescripts are responses in writing by the pope or a Congregation of the Roman Curia to queries or petitions of individuals 7 United States edit The Massachusetts appellate courts issue rescripts to the lower courts These are the equivalent of mandates i e writs of mandamus in federal appellate practice 8 See also editImperial Rescript on Education Imperial Rescript to Soldiers and Sailors Imperial Rescript on the Termination of the War Declaratory Rescript of the Illyrian NationReferences edit Stevenson Angus ed 2010 rescript Oxford dictionary of English 3rd ed Oxford University Press ISBN 978 0 19 957112 3 Hoad 1996 rescript Lewis amp Short 1879 rescribo a b Connolly 2018 rescripts a b Honore 2012 a b Nicholas 2012 Herbermann Charles ed 1913 Papal Rescripts Catholic Encyclopedia New York Robert Appleton Company Mass R App P 1 c Bibliography editConnolly Serena 2018 rescripts Oxford dictionary of late antiquity Oxford University Press ISBN 978 0 19 866277 8 Hoad T F ed 1996 Concise Oxford dictionary of English etymology Oxford University Press ISBN 978 0 19 283098 2 Hornblower Simon et al eds 2012 The Oxford classical dictionary 4th ed Oxford University Press ISBN 978 0 19 954556 8 OCLC 959667246 Honore Tony magister libellorum In OCD4 2012 doi 10 1093 acrefore 9780199381135 013 3867 Nicholas Barry constitutions In OCD4 2012 doi 10 1093 acrefore 9780199381135 013 1796 Lewis Charlton T Short Charles eds 1879 rescribo A Latin dictionary Oxford Clarendon Press Retrieved from https en wikipedia org w index php title Rescript amp oldid 1187993633, wikipedia, wiki, book, books, library,
