“Juridical” and “Juridicial”
Peter Ki asks:
What’s the difference between juridical process and juridicial
My first reaction to the question was “juridicial” isn’t even a word!
However, juridicial is a word and a Google search brought up several thousand uses of it, although the list of hits was headed by Google’s little red
Did you mean:
followed by the word juridical.
The OED acknowledges the existence of juridicial with this curt entry:
a. Relating to the legality of an action. b. = JURIDICAL
Merriam-Webster, on the other hand, doesn’t even have an entry for juridicial,
My conclusion is that juridicial means the same thing as juridical, so, unless lawyers attach some specialized meaning to juridicial, I’d go with juridical.
A juridical process is a process determined by law.
Juridical differs from judicial.
The adjective juridical means “relating to the administration of the law.”
The adjective judicial means “relating to courts of law or judges.”
We can talk about the judicial system (the organization of courts and judges) or a judicial decision (one made by a judge).
We can talk about a juridical interpretation of an action (strictly according to the law) or a juridical system (a body of laws by which a state or organization is governed).
Then there’s the word judicious which, although derived from the same origin as the legal terms, is a word for general use.
A judicious person has sound judgment. It’s to be hoped that judges will hand down judicious decisions from the bench, but they’re not the only ones who can be judicious. Careful shoppers can make judicious decisions about what to spend their money on.
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4 Responses to ““Juridical” and “Juridicial””
Black’s Law Dictionary (5th Edition) defines “juridical” as “relating to the courts or to the administration of justice.” “Juridical day” means “day on which court is in session.”
“Judicial,” which may be the source of confusion, has alternative meanings, some of which are similar to the definition of “juridical.”
I’ve been a lawyer in Florida since 1972 and I’ve never used “juridical.” I have used “judicial,” but I’ve tried to use it judiciously.
According to OED, there is a slight difference between juridical and juridicial:
1. Of, relating to, or connected with the administration of law or judicial proceedings; sometimes in more general sense = legal.
a. Relating to the legality of an action.
However, juridicial is obsolete, and the entry sends you to juridical.
I’m with Al G. in Florida on this one. I was a paralegal for 27 years, and I never heard the word “juridical” (or juridicial, for that matter).
“Judicial process” is a common phrase in the legal arena.
Etymologically speaking, I would think juridical/juridicial might relate to “jurisdiction” —
1: the power, right, or authority to interpret and apply the law
2 a: the authority of a sovereign power to govern or legislate
b: the power or right to exercise authority : control
3: the limits or territory within which authority may be exercised (from Merriam-Webster online)
According to the Louisiana Civil Code Art.24, there are two kinds of persons. A natural person is a human being. A juridical person is an entity to which the law attributes a personality, such as a corporation or a partnership. The personality of a juridical person is distinct from that of its members. (That’s the law).
The term is used no less than 276 times in the statutes of Louisiana, according to Westlaw. The real question though is ” Can a juridical person recover damages for mental distress/anguish?”