Anglo-Saxon Constitutional History
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Valerius Maximus on Vice: a Commentary of Facta Et Dicta
Valerius Maximus on Vice: A Commentary on Facta et Dicta Memorabilia 9.1-11 Jeffrey Murray University of Cape Town Thesis Presented for the Degree of Doctor of Philosophy (Classical Studies) in the School of Languages and Literatures University of Cape Town June 2016 The copyright of this thesis vests in the author. No quotation from it or information derived from it is to be published without full acknowledgement of the source. The thesis is to be used for private study or non- commercial research purposes only. Published by the University of Cape Town (UCT) in terms of the non-exclusive license granted to UCT by the author. University of Cape Town Abstract The Facta et Dicta Memorabilia of Valerius Maximus, written during the formative stages of the Roman imperial system, survives as a near unique instance of an entire work composed in the genre of Latin exemplary literature. By providing the first detailed historical and historiographical commentary on Book 9 of this prose text – a section of the work dealing principally with vice and immorality – this thesis examines how an author employs material predominantly from the earlier, Republican, period in order to validate the value system which the Romans believed was the basis of their world domination and to justify the reign of the Julio-Claudian family. By detailed analysis of the sources of Valerius’ material, of the way he transforms it within his chosen genre, and of how he frames his exempla, this thesis illuminates the contribution of an often overlooked author to the historiography of the Roman Empire. -
Haiti, a Case Study of an Underdeveloped Area. Roland Wingfield Louisiana State University and Agricultural & Mechanical College
Louisiana State University LSU Digital Commons LSU Historical Dissertations and Theses Graduate School 1966 Haiti, a Case Study of an Underdeveloped Area. Roland Wingfield Louisiana State University and Agricultural & Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_disstheses Recommended Citation Wingfield, Roland, "Haiti, a Case Study of an Underdeveloped Area." (1966). LSU Historical Dissertations and Theses. 1139. https://digitalcommons.lsu.edu/gradschool_disstheses/1139 This Dissertation is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Historical Dissertations and Theses by an authorized administrator of LSU Digital Commons. For more information, please contact [email protected]. This dissertation has been microfilmed exactly as received 66-6459 WINGFIELD, Roland, 1929- HAITI, A CASE STUDY OF AN UNDER DEVELOPED AREA. Louisiana State University, Ph.D., 1966 Sociology, general University Microfilms, Inc., Ann Arbor, Michigan HAITI, A CASE STUDY OF AN UNDERDEVELOPED AREA A Dissertation Submitted to the Graduate Faculty of the Louisiana State University and Agricultural and Mechanical College in partial fulfillment of the requirements for the degree of Doctor of Philosophy in The Department of Sociology by Roland Wingfield B.A., Louisiana State University, 1960 M.A., Louisiana State University, 1961 January 1966 •KING HENRY CHRISTOPHS'S CITADEL (Courtesy Delta Air Lines) DEDICATION A mon f i l s G uito "Nous avons un pays etrange et merveilleux, Un pays si merveilleusement etrange, Q u'il ne se resigne pas encore a m ourir..." M. Franck Fouche "Notre Pays" Message (1946) ACKNOWLEDGMENTS This study was made possible by an Inter-American Cultural Con vention grant whereby two American students are hosts of each of the Latin American Republics and two of their nationals study in the United States on an exchange basis. -
The Genius of Roman Law from a Law and Economics Perspective
THE GENIUS OF ROMAN LAW FROM A LAW AND ECONOMICS PERSPECTIVE By Juan Javier del Granado 1. What makes Roman law so admirable? 2. Asymmetric information and numerus clausus in Roman private law 2.1 Roman law of property 2.1.1 Clearly defined private domains 2.1.2 Private management of resources 2.2 Roman law of obligations 2.2.1 Private choices to co-operate 2.2.2 Private choices to co-operate without stipulating all eventualities 2.2.3 Private co-operation within extra-contractual relationships 2.2.4 Private co-operation between strangers 2.3 Roman law of commerce and finance 3. Private self-help in Roman law procedure 4. Roman legal scholarship in the restatement of civil law along the lines of law and economics 1. What makes Roman law so admirable? Law and economics aids us in understanding why Roman law is still worthy of admiration and emulation, what constitutes the “genius” of Roman law. For purposes of this paper, “Roman law” means the legal system of the Roman classical period, from about 300 B.C. to about 300 A.D. I will not attempt the tiresome job of being or trying to be a legal historian in this paper. In the manner of German pandect science, let us stipulate that I may arbitrarily choose certain parts of Roman law as being especially noteworthy to the design of an ideal private law system. This paper discusses legal scholarship from the ius commune. It will also discuss a few Greek philosophical ideas which I believe are important in the Roman legal system. -
Justinian's Redaction
JUSTINIAN'S REDACTION. "Forhim there are no dry husks of doctrine; each is the vital develop- ment of a living germ. There is no single bud or fruit of it but has an ancestry of thousands of years; no topmost twig that does not greet with the sap drawn from -he dark burrows underground; no fibre torn away from it but has been twisted and strained by historic wheels. For him, the Roman law, that masterpiece of national growth, is no sealed book ..... ... but is a reservoir of doctrine, drawn from the watershed of a world's civilization!'* For to-day's student of law, what worth has the half- dozen years' activity of a few Greek-speakers by the Bos- phorus nearly fourteen centuries ago? Chancellor Kent says: "With most of the European nations, and in the new states of Spanish America, and in one of the United States, it (Roman law) constitutes the principal basis of their unwritten or common law. It exerts a very considerable influence on our own municipal law, and particularly on those branches of it which are of equity and admiralty jurisdiction, or fall within the cognizance of the surrogate or consistorial courts . It is now taught and obeyed not only in France, Spain, Germany, Holland, and Scotland, but in the islands of the Indian Ocean, and on the banks of the Mississippi and St. Lawrence. So true, it seems, are the words of d'Agnesseau, that 'the grand destinies of Rome are not yet accomplished; she reigns throughout the world by her reason, after having ceased to reign by her authority?'" And of the honored jurists whose names are carved on the stones of the Law Building of the University of Pennsyl- vania another may be cited as viewing the matter from a different standpoint. -
“Riders in the Chariot”: Sons Accompanying Their Fathers In
1 ‘Riders in the Chariot’; Children Accompanying their Fathers in Roman Triumphs Bruce Marshall ASCS Honorary Secretary / Macquarie University [email protected] It is a generally held view in the modern literature, based on a few pieces of ancient evidence, that it was a common practice for the children, especially sons, of a successful general who had been awarded a triumph to accompany their father in his triumphal procession. One such recent example is the work on triumphs by Mary Beard who writes: It seems to have been, or become, the custom that the general’s young children should travel in the [triumphal] chariot with him, or, if they were older, to ride horses alongside. We have already seen Germanicus sharing his chariot in 17 CE with five offspring. Appian claims that Scipio in 201 BCE was accompanied by ‘boys and girls’, while Livy laments the fact that in 167 BCE Aemilius Paullus’ young sons could not – through death or sickness – travel with him, ‘planning similar triumphs for themselves.’1 But there is such a small number of examples that it might be worth testing the validity of this common view about children accompanying their fathers in triumphs. The earliest example relates to Q. Fabius Maximus Rullianus, five times consul between 322 and 295 and three times triumphator. During one of his triumphs he is said to have held his little son in his arms (Val. Max. 5.7.1). Despite his advanced age, he served as a legate to his son, Q. Fabius Maximus Gurges, consul in 292, in his campaigns in Samnium. -
Property Law: the Unsung Hero of North Sea Oil and Gas Author: Demetris Hadjiosif and Constantinos Yiallourides Source: the King’S Student Law Review, Vol
The King’s Student Law Review Title: Property Law: The Unsung Hero of North Sea Oil and Gas Author: Demetris Hadjiosif and Constantinos Yiallourides Source: The King’s Student Law Review, Vol. 5, No. 2 (Winter 2014), pp. 52-66 Published by: King’s College London on behalf of The King’s Student Law Review All rights reserved. No part of this publication may be reproduced, transmitted, in any form or by any means, electronic, mechanical, recording or otherwise, or stored in any retrieval system of any nature, without the prior, express written permission of the King’s Student Law Review. Within the UK, exceptions are allowed in respect of any fair dealing for the purpose of research of private study, or criticism or review, as permitted under the Copyrights, Designs and Patents Act,1988. Enquiries concerning reproducing outside these terms and in other countries should be sent to the Editor in Chief. KSLR is an independent, not-for-profit, online academic publication managed by students of the King’s College London School of Law. The Review seeks to publish high-quality legal scholarship written by undergraduate and graduate students at King’s and other leading law schools across the globe. For more information about KSLR, please visit our website: http://www.kcl.ac.uk/law/about/review.aspx ©King’s Student Law Review 2014 PROPERTY LAW: THE UNSUNG HERO OF NORTH SEA OIL AND GAS Demetris Hadjiosif and Constantinos Yiallourides* The present paper examines the key property law-related issues pertaining to the development of subsea mineral resources on the United Kingdom Continental Shelf: from their initial ‘capture’ (acquisition of ownership) to their transportation to downstream facilities via onshore pipelines. -
Quotational Practice in Two Bilingual Treatises on Love by Gérard of Liège
Cum dicit auctoritas: Quotational Practice in Two Bilingual Treatises on Love by Gérard of Liège Adham B. Azab Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Graduate School of Arts and Sciences COLUMBIA UNIVERSITY 2019 © 2019 Adham B. Azab All rights reserved Abstract Cum dicit auctoritas: Quotational Practice in Two Bilingual Treatises on Love by Gérard of Liège Adham B. Azab “Cum dicit auctoritas: Quotational Practice in Two Bilingual Treatises on Love by Gérard of Liège” is the first dedicated study of two oft discussed and poorly understood thirteenth-century love treatises known mainly for their unusual, syntactically integrated mixture of Latin and Old French. In addition to providing the first complete translation into any modern language of the treatises—Septem remedia contra amorem illicitum valde utilia (Seven Very Useful Remedies for Illicit Love) and De divino amore (On Divine Love, formerly Quinque incitamenta ad Deum amandum ardenter)—this dissertation aims to shed light upon Gérard’s practice of quotation, particularly as it pertains to the construction of authority. Each chapter takes a particular category of quotation as its subject, and shows not only how that category functions within Gérard’s treatises, but also how it may inform current scholarship in medieval studies. The first chapter contains the translation of both treatises. In the second chapter, “The Poetic Practice of Gérard of Liège in De divino amore,” I reexamine the Old French refrain corpus in light of what I call Gérard’s “refraining”—a poetic and quotational practice that bridges the sacred-profane divide in his treatise De divino amore. -
Romans on Parade: Representations of Romanness in the Triumph
ROMANS ON PARADE: REPRESENTATIONS OF ROMANNESS IN THE TRIUMPH DISSERTATION Presented in Partial Fulfullment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of the Ohio State University By Amber D. Lunsford, B.A., M.A. * * * * * The Ohio State University 2004 Dissertation Committee: Approved by Professor Erik Gunderson, Adviser Professor William Batstone Adviser Professor Victoria Wohl Department of Greek and Latin Copyright by Amber Dawn Lunsford 2004 ABSTRACT We find in the Roman triumph one of the most dazzling examples of the theme of spectacle in Roman culture. The triumph, though, was much more than a parade thrown in honor of a conquering general. Nearly every aspect of this tribute has the feel of theatricality. Even the fact that it was not voluntarily bestowed upon a general has characteristics of a spectacle. One must work to present oneself as worthy of a triumph in order to gain one; military victories alone are not enough. Looking at the machinations behind being granted a triumph may possibly lead to a better understanding of how important self-representation was to the Romans. The triumph itself is, quite obviously, a spectacle. However, within the triumph, smaller and more intricate spectacles are staged. The Roman audience, the captured people and spoils, and the triumphant general himself are all intermeshed into a complex web of spectacle and spectator. Not only is the triumph itself a spectacle of a victorious general, but it also contains sub-spectacles, which, when analyzed, may give us clues as to how the Romans looked upon non-Romans and, in turn, how they saw themselves in relation to others. -
Transformation in Property and Copyright
TRANSFORMATION IN PROPERTY AND COPYRIGHT Christopher M. Newman, George Mason University School of Law George Mason University Law and Economics Research Paper Series 10-51 This paper can be downloaded without charge from the Social Science Research Network at http://ssrn.com/abstract_id=1688585 TRANSFORMATION IN PROPERTY AND COPYRIGHT Christopher M. Newman* INTRODUCTION......................................................................................................... 2 A. The transformation problem in copyright ................................................... 2 B. Is property really the source of the trouble? ................................................ 6 I. PROPERTY ............................................................................................................ 10 A. In what sense is exclusion the ―essence‖ of property?................................ 10 B. Beneficial use and consumptive use............................................................ 11 C. From rights to use to rights to exclude. ....................................................... 14 II. TRANSFORMATION ............................................................................................. 20 A. The basic legal structure of the transformation problem ............................ 21 B. The problem of identity. .............................................................................. 23 C. Physical identity .......................................................................................... 24 1. Matter, material, and form ................................................................ -
Accession on the Frontiers of Property
ACCESSION ON THE FRONTIERS OF PROPERTY I’m a skilled painter who recently survived a debilitating accident. Now incapacitated, I’ve become depressed because I’ll never paint again. You, a good friend, decide to cheer me up. You buy an expensive set of oils, brushes, and canvas. You plop me in front of the canvas and ask me to instruct your every movement, as though you were an exten- sion of me. Engulfed in artistic fervor, I eagerly dictate every mixture and stroke, into the twilight hours of the night. A masterpiece soon sits on the canvas. However, the problem is that we’ve both grown fond of it: you, because you labored arduously with materials you purchased; and me, because I feel the work is a product of my artistic genius. Between you and me, who owns the painting? Consider another way to approach the puzzle. The copyright inter- est vests in me, the “inventive or master mind” of the painting.1 The personal property interest vests in you, the owner of the supplies and the physical laborer who gave concrete form to the painting.2 When these interests merge in an indivisible painting, which interest wins and whose claim triumphs? Once we understand that this puzzle is about resolving competing claims to an indivisible thing, we see that it generalizes across domains of property. When graffiti artists spray-paint works of recognized stat- ure on the walls of a dilapidated warehouse complex, do the artists’ copyright interests trump the warehouse owner’s real property interest in the painted walls? When a copyright licensee creates a derivative work that imitates the voice of a celebrity singer, does the licensee’s copyright interest trump the singer’s right-of-publicity interest in the new song? When a “cybersquatter” registers the domain name of a fa- mous trademark, does the cybersquatter’s interest in the purchased ad- dress trump the company’s trademark interest in the domain name? As property interests proliferate, this problem of resolving competing claims to indivisible things will rear its head in still more variegated forms. -
Controversy 24
Tilburg University Gaius Meets Cicero± Law, Legal Practice, and Rhetoric in Gai., 4,114 Tellegen-Couperus, O.E.; Leesen, T.G. Published in: x Publication date: 2011 Document Version Early version, also known as pre-print Link to publication in Tilburg University Research Portal Citation for published version (APA): Tellegen-Couperus, O. E., & Leesen, T. G. (2011). Gaius Meets Cicero± Law, Legal Practice, and Rhetoric in Gai., 4,114. Manuscript in preparation. In A. Oyarce Yuzzelli, M. Gonzales Ojeda, & I. Rodriguez (Eds.), x Unknown Publisher. General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. Download date: 24. sep. 2021 Gaius Meets Cicero: Law, Legal Practice, and Rhetoric in Gai., 4.114 T.G. Leesen O.E. Tellegen-Couperus In the early Roman Principate, two law schools existed in Rome, the Sabinian or Cassian school and the Proculian school. Nearly all the prominent jurists of that time belonged to either the one or the other. -
Notes on Dress in Roman Property Law Iuris Civilis Notae Ad Vestem Seu T
Revista Diálogos Mediterrânicos www.dialogosmediterranicos.com.br Número 13 – Dezembro/2017 Iuris civilis notae ad vestem seu textile pertinentes: Notes on Dress in Roman Property Law Iuris civilis notae ad vestem seu textile pertinentes: Notas sobre Vestimenta en el Derecho de Propriedad Romano Francisco Javier Casinos Mora * Universitat de València, España Abstract Resumen Roman law considered clothing as a res, as En Derecho romano fue considerada la something that could be the object of legal vestimenta como una res, como un objeto relations, specifically as a res corporalis, a res susceptible de relaciones jurídicas, en concreto, quae usu consumatur, a res nec mancipi and a res como una res corporalis, una res quae usu mobilis. These characteristics of vestis as a res consumatur, una res nec mancipi y una res mobilis. were of great practical importance and to a large Estas características de la vestis como res fueron extent determined the legal regime applicable to de una gran importancia práctica y en gran the personal property of this type of goods, medida determinaron el régimen jurídico specifically in regard to possession, right of aplicable a la propiedad de esta clase de bienes, usufruct and modes of acquiring ownership, as en particular respecto a la posesión, el derecho de usucapio, occupatio, specificatio and some cases of usufructo y los modos de adquirir la propiedad, accessio affecting movables goods: textura and tales como la usucapio, la occupatio, la specificatio tinctura. y algunos casos de accessio relativos a bienes muebles: la textura y la tinctura. Keywords: vestis; mobilia pretiosa; usufructus Palabras clave: vestis; mobilia pretiosa; vestimentorum.