SPACE ODDITY the Architecture of the Rituals
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The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water
Florida State University Law Review Volume 3 Issue 4 Article 1 Fall 1975 The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water Glenn J. MacGrady Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Admiralty Commons, and the Water Law Commons Recommended Citation Glenn J. MacGrady, The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water, 3 Fla. St. U. L. Rev. 511 (1975) . https://ir.law.fsu.edu/lr/vol3/iss4/1 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW VOLUME 3 FALL 1975 NUMBER 4 THE NAVIGABILITY CONCEPT IN THE CIVIL AND COMMON LAW: HISTORICAL DEVELOPMENT, CURRENT IMPORTANCE, AND SOME DOCTRINES THAT DON'T HOLD WATER GLENN J. MACGRADY TABLE OF CONTENTS I. INTRODUCTION ---------------------------- . ...... ..... ......... 513 II. ROMAN LAW AND THE CIVIL LAW . ........... 515 A. Pre-Roman Legal Conceptions 515 B. Roman Law . .... .. ... 517 1. Rivers ------------------- 519 a. "Public" v. "Private" Rivers --- 519 b. Ownership of a River and Its Submerged Bed..--- 522 c. N avigable R ivers ..........................................- 528 2. Ownership of the Foreshore 530 C. Civil Law Countries: Spain and France--------- ------------- 534 1. Spanish Law----------- 536 2. French Law ----------------------------------------------------------------542 III. ENGLISH COMMON LAw ANTECEDENTS OF AMERICAN DOCTRINE -- --------------- 545 A. -
Suppose It to Be So
188 L A W GLOSSARY. by a fine of twenty-five asses, or pounds of brass. But if the injury was more atrocious, as, for instance, if any one deprived another of the use of a limb, (si membrum rapsit, i. e. ruperit,) he was punished by retaliation, \talione,) if the person injured would not accept of any other satisfaction. If he only dislocated or broke a bone, he paid three hundred asses, if the suffer er was a freeman ; and one hundred and fifty, if a slave. Gell. xx. If any one slandered another by defamatory verses, (si quis aliquem publice diffamas- set, eique adversus bonos mores convicium fecissit,�i. e. "if any one defamed another, or cast reproach on him contrary to good manners or morality ;" " affronted him (vel carmen famosum in eum condidisset)�i. e. made an in famous libel upon him," he was beaten with a club, vid. Hor. Sat. ii. which alludes to the law for this species of libel. But these laws gradually fell into disuse, Gell. xx. ; and by the edicts of the Prcetor, an action was granted on account of ail personal injuries and af fronts only, for a fine, which was proportioned according to the dignity of the person, and the nature of the injury. This, however, being found in sufficient to check licentiousness and insolence, Sulla made a new law con cerning injuries, by which, not only a civil action, but also a criminal prose cution, was appointed for certain offences, with the punishment of exile, or working in the mines. -
The Impact of the Roman Army (200 BC – AD 476)
Impact of Empire 6 IMEM-6-deBlois_CS2.indd i 5-4-2007 8:35:52 Impact of Empire Editorial Board of the series Impact of Empire (= Management Team of the Network Impact of Empire) Lukas de Blois, Angelos Chaniotis Ségolène Demougin, Olivier Hekster, Gerda de Kleijn Luuk de Ligt, Elio Lo Cascio, Michael Peachin John Rich, and Christian Witschel Executive Secretariat of the Series and the Network Lukas de Blois, Olivier Hekster Gerda de Kleijn and John Rich Radboud University of Nijmegen, Erasmusplein 1, P.O. Box 9103, 6500 HD Nijmegen, The Netherlands E-mail addresses: [email protected] and [email protected] Academic Board of the International Network Impact of Empire geza alföldy – stéphane benoist – anthony birley christer bruun – john drinkwater – werner eck – peter funke andrea giardina – johannes hahn – fik meijer – onno van nijf marie-thérèse raepsaet-charlier – john richardson bert van der spek – richard talbert – willem zwalve VOLUME 6 IMEM-6-deBlois_CS2.indd ii 5-4-2007 8:35:52 The Impact of the Roman Army (200 BC – AD 476) Economic, Social, Political, Religious and Cultural Aspects Proceedings of the Sixth Workshop of the International Network Impact of Empire (Roman Empire, 200 B.C. – A.D. 476) Capri, March 29 – April 2, 2005 Edited by Lukas de Blois & Elio Lo Cascio With the Aid of Olivier Hekster & Gerda de Kleijn LEIDEN • BOSTON 2007 This is an open access title distributed under the terms of the CC-BY-NC 4.0 License, which permits any non-commercial use, distribution, and reproduction in any medium, provided the original author(s) and source are credited. -
Distortions in the Historical Record Concerning Ager Publicus, Leges Agrariae, and the Gracchi Maria Therese Jeffrey Xavier University, Cincinnati, OH
Xavier University Exhibit Honors Bachelor of Arts Undergraduate 2011-3 Distortions in the Historical Record Concerning Ager Publicus, Leges Agrariae, and the Gracchi Maria Therese Jeffrey Xavier University, Cincinnati, OH Follow this and additional works at: http://www.exhibit.xavier.edu/hab Part of the Ancient History, Greek and Roman through Late Antiquity Commons, Ancient Philosophy Commons, Classical Archaeology and Art History Commons, Classical Literature and Philology Commons, and the Other Classics Commons Recommended Citation Jeffrey, Maria Therese, "Distortions in the Historical Record Concerning Ager Publicus, Leges Agrariae, and the Gracchi" (2011). Honors Bachelor of Arts. 22. http://www.exhibit.xavier.edu/hab/22 This Capstone/Thesis is brought to you for free and open access by the Undergraduate at Exhibit. It has been accepted for inclusion in Honors Bachelor of Arts by an authorized administrator of Exhibit. For more information, please contact [email protected]. Distortions in the Historical Record Concerning Ager Publicus, Leges Agrariae, and the Gracchi Maria Jeffrey Introduction: Scholarship on the Gracchi is largely based on the accounts of Plutarch and Appian, historians who were far removed temporally from the Gracchi themselves. It is not known from which sources Plutarch and Appian derive their accounts, which presents problems for the modern historian aiming to determine historical fact. The ancient sources do not equip the modern historian to make many definitive claims about the Gracchan agrarian reform, much less about the motives of the Gracchi themselves. Looking to tales of earlier agrarian reform through other literary sources as well as exploring the types of land in question and the nature of the agrarian crisis through secondary sources also yields ambiguous results. -
Rechtsgeschichte Legal History
Zeitschri des Max-Planck-Instituts für europäische Rechtsgeschichte Rechts R Journal of the Max Planck Institute for European Legal History geschichte g Rechtsgeschichte Legal History www.rg.mpg.de http://www.rg-rechtsgeschichte.de/rg24 Rg 24 2016 266 – 275 Zitiervorschlag: Rechtsgeschichte – Legal History Rg 24 (2016) http://dx.doi.org/10.12946/rg24/266-275 Charles de Miramon Customary Law, Legal Consciousness and Local Agency. From Sumatra to Beauvais circa 1100 and back Dieser Beitrag steht unter einer Creative Commons cc-by-nc-nd 3.0 Abstract In this paper I compare two field studies of customary law in action. Minangkabau in Western Sumatra is home to the largest population with matrilineal property transmission rights in the world. I show how customary law, the so-called »adat«, has been an essential part of the identity of this population, next to Islamic law, since the 17th century. Adat was also shaped by the efforts of the Dutch colonisers to write it down. My second case is set in the French medieval town of Beauvais at the turn of the 12th century, when the town was thriving. I focus on one judicial conflict surrounding a water-mill. The document pertain- ing to this case is the oldest to provide information about customs in Beauvais. This document illumi- nates the evolving legal consciousness of compet- ing groups in the city and the process by which a medieval judge wrote custom down. □× Rg 24 2016 Charles de Miramon Customary Law, Legal Consciousness and Local Agency. From Sumatra to Beauvais circa 1100 and back In the year 2000, the local chapter of the belonging to the nagaris (villages at the centre of an Association of Adat Councils from the villages of adat area). -
Philosophiae Moralis Institutio Compendiaria with a Short Introduction to Moral Philosophy [1747]
The Online Library of Liberty A Project Of Liberty Fund, Inc. Francis Hutcheson, Philosophiae moralis institutio compendiaria with a Short Introduction to Moral Philosophy [1747] The Online Library Of Liberty This E-Book (PDF format) is published by Liberty Fund, Inc., a private, non-profit, educational foundation established in 1960 to encourage study of the ideal of a society of free and responsible individuals. 2010 was the 50th anniversary year of the founding of Liberty Fund. It is part of the Online Library of Liberty web site http://oll.libertyfund.org, which was established in 2004 in order to further the educational goals of Liberty Fund, Inc. To find out more about the author or title, to use the site's powerful search engine, to see other titles in other formats (HTML, facsimile PDF), or to make use of the hundreds of essays, educational aids, and study guides, please visit the OLL web site. This title is also part of the Portable Library of Liberty DVD which contains over 1,000 books and quotes about liberty and power, and is available free of charge upon request. The cuneiform inscription that appears in the logo and serves as a design element in all Liberty Fund books and web sites is the earliest-known written appearance of the word “freedom” (amagi), or “liberty.” It is taken from a clay document written about 2300 B.C. in the Sumerian city-state of Lagash, in present day Iraq. To find out more about Liberty Fund, Inc., or the Online Library of Liberty Project, please contact the Director at [email protected]. -
Benign and Benevolent Conquest?: the Ideology of Elizabethan Atlantic
%HQLJQDQG%HQHYROHQW&RQTXHVW"7KH,GHRORJ\RI (OL]DEHWKDQ$WODQWLF([SDQVLRQ5HYLVLWHG .HQ0DF0LOODQ Early American Studies: An Interdisciplinary Journal, Volume 9, Number 1, Winter 2011, pp. 32-72 (Article) 3XEOLVKHGE\8QLYHUVLW\RI3HQQV\OYDQLD3UHVV DOI: 10.1353/eam.2011.0009 For additional information about this article http://muse.jhu.edu/journals/eam/summary/v009/9.1.macmillan.html Access provided by University of Minnesota -Twin Cities Libraries (19 Dec 2014 15:54 GMT) Benign and Benevolent Conquest? The Ideology of Elizabethan Atlantic Expansion Revisited KEN MACMILLAN University of Calgary abstract This essay revisits the language of conquest in metropolitan writings advocating Elizabethan Atlantic expansion. It argues that con- trary to the belligerent connotations scholars usually attach to the word conquest, in Elizabethan England it was a term used in a benign and be- nevolent manner that fit within humanist goals for a noble, peaceful, and long-term relationship with both the people and land of America. By the early seventeenth century, however, this idea of benign conquest was over- shadowed by factors such as the example of Spanish conquest in the New World, which tainted the English benign usage, and the transition from theory in the Elizabethan age to practice under the early Stuarts, which showed that the American Natives were not willing to accept English presence on the benevolent terms anticipated by English humanists. An- other factor that led to the decline in the language of benign conquest was the formulation of the ‘‘conquest doctrine’’ in the law of nations, which gave the term an exclusively belligerent connotation. Owing to these vari- ous factors, by the time the permanent English empire in America was established, the idea of benign conquest no longer had a place in domestic, colonial, or supranational discourse. -
Privilege and Property: Essays on the History of Copyright
Privilege and Property Essays on the History of Copyright Edited by Ronan Deazley, Martin Kretschmer and Lionel Bently To access digital resources including: blog posts videos online appendices and to purchase copies of this book in: hardback paperback ebook editions Go to: https://www.openbookpublishers.com/product/26 Open Book Publishers is a non-profit independent initiative. We rely on sales and donations to continue publishing high-quality academic works. Daniel Chodowiecki’s allegorical copper plate of 1781 shows unauthorised reprinters and original publishers, respectively as highwaymen and their victims while the Goddess of Justice is asleep. The full title reads: ‘Works of Darkness. A Contribution to the History of the Book Trade in Germany. Presented Allegorically for the Benefit of and as a Warning to All Honest Booksellers.’ The identities of most of the characters have been identified: the bandit chief is the Austrian publisher Johann Thomas von Trattner (1717-1798) who made a fortune by reprinting books from other German- speaking territories. His victims are the publishers Friedrich Nicolai (in the centre), and Philipp Erasmus Reich (fleeing into the background). The small bat-like monster hovering overhead (a position normally reserved for angels in religious paintings!) is modelled on Gerhard van Swieten (1700-1772), an influential adviser and doctor of Maria Theresa of Austria who eased censorship regulations but encouraged the reprinting of foreign books in Austria. Nicolai’s right arm extends the bat monster’s line of gaze and points to the head of the Goddess Justitia, sleeping as if drugged by the poppy blossoms above her head. -
Occupation and Acquisitive Prescription
The European Journal of International Law Vol. 16 no.1 © EJIL 2005; all rights reserved ........................................................................................... Argument from Roman Law in Current International Law: Occupation and Acquisitive Prescription Randall Lesaffer* Abstract In his Private Law Sources and Analogies of International Law (1927), Hersch Lauterpacht claimed that many rules and concepts of international law stemmed from private law. He also showed that it was common practice in international adjudication and arbitration to look for inspiration there. The rules of private law that had found their way to international law were often common to the great municipal law systems. Many had their origins in Roman private law. This article examines whether and how the International Court of Justice has made use of Roman law rules and concepts. Roman law can be thought to fulfil its role as a source of inspiration for international law in three ways. First, it might have served as a direct historical source during the formative period of the modern law of nations. Second, it might have served as an indirect historical source because of its enduring impact on the great municipal law systems afterwards. Thirdly, it might still be considered ratio scripta, the expression of a timeless and universal law. For the purpose of examining which of these roles Roman law plays in the eyes of the ICJ, the analysis is restricted to two examples of private law analogies: occupation of terra nullius and acquisitive prescription. 1 Introduction The Law of Nations is but private law ‘writ large’. It is an application to political communities of those legal ideas which were originally applied to relations between individuals.1 * Professor of Legal History, Tilburg University; Professor of Law, Catholic University of Leuven. -
1The Doctrine of Occupation and the Founding of Australia
1THE DOCTRINE OF OCCUPATION AND THE FOUNDING OF AUSTRALIA Jan Rudnicki* ABSTRACT There is certainly nothing surprising in the thesis that many legal doctrines, however complex or sophisticated they could be, are quite often difficult to apply directly. This problem occurs both in domestic and in international law. Traditionally considered modes of acquiring the territory of a state, mostly derived by modern scholars from Roman private law, make for a good example of this problem. It rarely happens that any of them provides a complete answer to the question of how a state acquired its legal title to a certain portion of land, especially when the title is contested. Scholars tend to emphasise that the modes of acquisition typified in textbooks of international law do not exactly reflect the complex process that occurs when a tribunal or an arbitrator has to adjudicate between competing claims. Yet, particularly where no dispute occurs, there are certain situations when some of the modes of acquiring state territory appear in pure form. Such is the case of Australia and the creation of a legal title to the vast territory of this continent by Great Britain. The goal of this paper is therefore to look at the beginnings of Australia through the prism of the doctrine of occupation, which has found direct application in this case. Keywords: Occupation; international law; Roman law; Australia; Vattel; territory * Assistant Professor, Chair: Group of European Legal Tradition, Faculty of Law and Administration, University of Warsaw. Fundamina DOI: 10.17159/2411-7870/2017/v23n2a5 Volume 23 | Number 2 | 2017 Print ISSN 1021-545X/ Online ISSN 2411-7870 pp 81-93 81 JAN RUDNICKI 1 The beginnings of the doctrine of occupation The birth and early development of modern international law was catalysed by a series of events we know today as the age of discovery. -
New Imperialism and the Legal Disentanglement of Dichotomies
New Imperialism and the Legal Disentanglement of Dichotomies New Imperialism and the Legal Disentanglement of Dichotomies This thesis will, firstly, construct the factual and legal fundaments on which the (research of the) master thesis rests, by defining New Imperialism and analyzing its factual and legal implications in practice. Secondly, it analyzes the legal doctrine with regard to colonialism, more specifically, New Imperialism in the framework of the law of nations in the second half of the nineteenth century and the beginning of the twentieth century. In this respect, a special focus will be laid on the relation between the colonizing power and the peoples on the newly discovered, conquered and occupied territories. And, thirdly, it (partly) deconstructs the leading and determining dichotomy in international law between the civilized and non-civilized world in the second half of the nineteenth century and the beginning of the twentieth century. Addressing the strengths and weaknesses of several dichotomies, like naturalism v. positivism, civilization v. non-civilization and territorial sovereignty v. private property of land, will be the central issue throughout the thesis. Master thesis prepared for the „Research Master in Law‟ Supervisor: Prof. Dr. R.C.H. Lesaffer Written by Mieke van der Linden Education: Research Master in Law (two-years-variant) ANR: 223364 E-mail: [email protected] Date: 28th of June, 2010 1 New Imperialism and the Legal Disentanglement of Dichotomies Preface The underlying Master Thesis forms part of a broader PhD research project, which is still in a preliminary stage and bears the following title: Dominium and Imperium in the Treaty Practice of the Age of New Imperialism in the Heart of the African Continent (1870-1914): State Responsibility for Grave Historical Injustices. -
Lee-Roman-Dutch-Law.Pdf
I ,- AN INTRODUCTION TO ROMAN-DUTCH LAW R! W.^'LEE, B.C.L., M.A. DEAN OF THE LAW FACULTY, M CGILL UNIVERSITY, MONTREAL ADVOCATE OF THE SUPREME COURT OF SOUTH AFRICA OF GRAY'S INN, BARRISTER-AT-LAW AND LATELY PROFESSOR OF ROMAN-DUTCH LAW IN THE UNIVERSITY OF LONDON OXFORD AT THE CLARENDON PRESS OXFORD UNIVERSITY PRESS LONDON EDINBURGH GLASGOW NEW YORK TORONTO MELBOURNE BOMBAY HUMPHREY MILFORD M.A. PUBLISHER TO THE UNIVERSITY PRINTED IN ENGLAND AT THE OXFORD UNIVERSITY PRESS TO THE HON. J. G. KOTZE ONE OF HIS MAJESTY'S JUDGES OF THE SUPREME COURT OF SOUTH AFRICA LATE CHIEF JUSTICE OF THE TRANSVAAL a 2 PREFACE THIS book, as its title indicates, is an Introduction to Roman-Dutch Law. It has grown out of a course of lectures delivered in the University of London at intervals in the years 1906-14. During this time I was frequently asked by students to recommend a text-book which would help them in their reading and perhaps enable them to satisfy the requirements of the University or of the Council of Legal Education. The book was not to be found. The classical Introduction to the Jurisprudence of the Province of Holland of Grotius, published in the year 1631, inevitably leaves the reader in a state of bewilderment as to the nature and content of the Roman- Dutch Law administered at the present day by the Courts of South Africa, Ceylon, and British Guiana. The same must be said of the treatise of Simon van Leeuwen entitled The Roman-Dutch Law, published in 1664, and of the elementary Handbook of Joannes van der Linden, published in 1806.