habeas corpus的词源

英文词源

habeas corpus: habeas corpus: [15] Habeas corpus means literally ‘you should have the body’. They are the first words of a Latin writ, apparently in use in England since the 13th century, requiring a person to be brought before a court of law. It begins Habeas corpus ad subjiciendum ‘You should have the body to undergo’, that is, ‘You must produce the person in court so that he or she may undergo what the court decides’. It applies in particular to the bringing of a detained person before a court so that a judge may decide whether he or she is being legally held – a safeguard against unlawful detention enshrined in England in the Habeas Corpus Act 1679.
habeas corpus (n.): writ requiring a person to be brought before a court, mid-15c., Latin, literally "(you should) have the person," in phrase habeas corpus ad subjiciendum "produce or have the person to be subjected to (examination)," opening words of writs in 14c. Anglo-French documents to require a person to be brought before a court or judge, especially to determine if that person is being legally detained. From habeas, second person singular present subjunctive of habere "to have, to hold" (see habit (n.)) + corpus "person," literally "body" (see corporeal). In reference to more than one person, habeas corpora.

来自拉丁语，habeas,持，握，拘禁，词源同habit,inhibit,corpus,人体，身体，词源同corporal.原指对人短时间的关押，以保证该人能准时出庭，类似于拘留所。后用于指人身拘禁保护法。

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