World Library  
Flag as Inappropriate
Email this Article
 

Rescript

In legal terminology, 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.

Contents

  • Overview 1
  • Papal rescripts 2
  • French legal system 3
  • U.S. legal system 4
  • See also 5
  • References 6

Overview

The word originated from the Roman imperial court, which often issued rescripts, in many cases prompted by its many governors and other officials. Some important early legal collections were composed entirely of rescripts, for instance the Codex Hermogenianus, published around AD 300.[1] The other main field of application is the papal Roman Curia, which adopted many Roman administrative terms and practices.

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.

By analogy it 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.

Papal rescripts

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 Sacred Congregation to queries or petitions of individuals.[2]

French legal system

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.

U.S. legal system

The Massachusetts appellate courts issue rescripts to the lower courts. These are the equivalent of mandates in federal appellate practice.[3]

See also

References

  1. ^ "Codex Hermogenianus" in The Oxford Dictionary of Byzantium, Oxford University Press, New York & Oxford, 1991, p. 474. ISBN 0195046528
  2. ^  "Papal Rescripts".  
  3. ^ Mass. R. App. P. 1(c)
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 



Copyright © World Library Foundation. All rights reserved. eBooks from World eBook Library are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.