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General Considerations Regarding the Historic Evolution of Roman Law
LawGeneral Review considerations vol. VII, regarding special issue,the historic December evolution 2017, of p.Roman 5-11 Law 5 GENERAL CONSIDERATIONS REGARDING THE HISTORIC EVOLUTION OF ROMAN LAW Cristinel-Ioan MURZEA Professor, PhD Faculty of Law “Transilvania” University of Braşov [email protected] Abstract The historic evolution or Roman law was in a determination relation with the factors which configure law, especially the social-political ones or the economical ones, but also those which pertain to the natural background in which Roman society evolved, thus passing from the citadel-state to the “polis” type of state and then to the universal state - the Roman empire - which would later become a model of political, military and legal organization for the entire antic world. Roman law was created in the history of the eleven centuries of existence or the Roman state which passed several stages of development, excelling in the classical age when, given the great reforms which are performed under the direct influence of the praetorian, the main legal magister, certain principles and legal institutions are created which proved to be viable across the centuries to follow, thus directly influencing the subsequent legislative activity in the modern and contemporary age in the European space. Keywords: positive law, factors which configure law, legal magister, the ages of Roman law, praetorian law, praetor’s edict The generic classification of law in the category of those disciplines which study society seen in its dynamics and historic evolution, has caused famed personalities of Roman jurisprudence to state that “where there is society, there is also law – ubi societas ibi Jus”1 an aphorism which allowed for reciprocity according to which – ubi jus ib societas2. -
Glossar the Disintegration of the Carolingian Empire
Tabelle1 Bavaria today Germany’s largest state, located in the Bayern Southeast besiege, v surround with armed forces belagern Bretons an ethnic group located in the Northwest of Bretonen France Carpathian Mountains a range of mountains forming an arc of roughly Karpaten 1,500 km across Central and Eastern Europe, Charles the Fat (Charles III) 839 – 888, King of Alemannia from 876, King Karl III. of Italy from 879, Roman Emperor (as Charles III) from 881 Danelaw an area in England in which the laws of the Danelag Danes were enforced instead of the laws of the Anglo-Saxons Franconia today mainly a part of Bavaria, the medieval Franken duchy Franconia included towns such as Mainz and Frankfurt Henry I 876 – 936, the duke of Saxony from 912 and Heinrich I. king of East Francia from 919 until his death Huns a confederation of nomadic tribes that invaded Hunnen Europe around 370 AD Lombardy a region in Northern Italy Lombardei Lorraine a historical area in present-day Northeast Lothringen France, a part of the kingdom Lotharingia Lothar I (Lothair I) 795 – 855, the eldest son of the Carolingian Lothar I. emperor Louis I and his first wife Ermengarde, king of Italy (818 – 855), Emperor of the Franks (840 – 855) Lotharingia a kingdom in Western Europe, it existed from Lothringen 843 – 870; not to be confused with Lorraine Louis I (Louis the Pious 778 – 840, also called the Fair, and the Ludwig I. Debonaire; only surviving son of Charlemagne; King of the Franks Louis the German (Louis II) ca. 806 – 876, third son of Louis I, King of Ludwig der Bavaria (817 – 876) and King of East Francia Deutsche (843 – 876) Louis the Younger (Louis III) 835 – 882, son of Louis the German, King of Ludwig III., der Saxony (876-882) and King of Bavaria (880- Jüngere 882), succeeded by his younger brother, Charles the Fat, Magyars an ethnic group primarily associated with Ungarn Hungary. -
Part I Prolegomena
Part I Prolegomena Chapter I The Evolution towards a New Jus Gentium: The International Law for Humankind I. The Historical Emergence of Jus Gentium Jus gentium (of Roman law) had its origins in private law,1 having subsequently entered also the realm of the conceptual universe of the law of nations.2 It origi- nally consisted of common principles governing legal relations in general. Grad- ually the concept of jus gentium was enlarged, so as to encompass what came to be known as the general principles of law.3 In the XVIth century, Francisco de Vitoria conceived the new jus gentium of his days as governing the relations of all peoples (including the indians of the new world) and individuals, in conditions of independence and juridical equality, pursuant to a universalist outlook (totus orbis). In a world marked by diversifi cation (of peoples and cultures) and plural- ism (of ideas and cosmovisions), the new jus gentium secured the unity of the societas gentium.4 It could not possibly be derived from the “will” of its subjects, but rather based on a lex praeceptiva, apprehended by human reason. In Vitoria’s view, jus gentium was applicable to all peoples and human beings (even without the consent of its addressees); societas gentium was the expression of the funda- mental unity of humankind, wherefrom jus gentium ensued, and provided the juridical basis (deriving from a lex praeceptiva of natural law) for the totus orbis, 1 On the concept of jus gentium in classic Roman law, cf., e.g., Gabrio Lombardi, Ricerche in Tema di “Ius Gentium”, Milano, Giuff rè, 1946, pp. -
GER6041/LIN6041 History of the German Language
GER/COM5014 Medieval Epic Week 2 Dr Doriane Zerka [email protected] Arts One 2.04 A&F hours: Monday 10-11, Tuesday 2.30-3.30 The Middle Ages? often disregarded as an era of decay in European culture, e.g. ‘Dark Ages’ Giovanni Andrea Bussi, Vatican Librarian, 1469 ‘media tempesta’ = middle season ‘medium aevum’ = middle age Christoph Martin Keller (Christophorus Cellarius), The Nucleus of Middle History Between Ancient and Modern (1688) The Middle Ages? c. 500/800 – 1500 CE Possible beginnings: Fall of Rome in 476 CE, linked to Migration Period (Völkerwanderung) until c. 800 CE Possible end points: invention of European printing press by Gutenberg c. 1440-50 conquest of Constantinople by the Ottoman Turks in 1453 Christopher Columbus’ first journey to America and conquest of Granada by the Catholic Monarchs Ferdinand in 1492 the Protestant Reformation in 1517 The Middle Ages? c. 500/800 – 1500 CE Early Middle Ages (up to c. 1150) High Middle Ages (c.1150–c.1300/50) Late Middle Ages (c. 1350–1500) The Provinces of the Roman Empire, c. 120 CE Germanic tribes c. 50-100 CE Charlemagne’s monogram Reproduction Bust of Charlemagne, 14th century Aachen Cathedral Treasury translatio imperii Treaty of Verdun (843) West Francia Charles the Bald Middle Francia Lothar I East Francia Louis the German The Future Holy Roman Empire under Ottonian and Salian rule Holy Roman Empire: The Empire of the Staufer Rulers c.1215-50 Holy Roman Empire c. 1400 1512 Holy Roman Empire of the German Nation Medieval literature and medieval epic latin/vernacular orality/literacy fiction/history “Uns ist in alten maeren wunders vil geseit” Codex Manesse, Cod. -
Facts About the Treaty of Verdun
Facts About The Treaty Of Verdun Wilmar win fiercely if letter-perfect Salim laurelled or peg. Self-styled Teodor footle soddenly. Inexpensive and demulcent Brooks wipes rather and joins his firetraps paratactically and barefooted. Charlemagne ordered world with facts, not understand the important to gain a different trees, pouring forward over the title and japanese. Canada and had at least one parent born outside Canada. European Political Facts 14-191. Madeleine Hosli Amie Kreppel Bla Plechanovov Amy Verdun. The Basques attacked and destroyed his rearguard and baggage train. America had missed the epic battles of Verdun and the Somme where. In the context of dwelling, it refers to the funeral of dubious entire dwelling, including the policy of the land it resolve on defence of imposing other structure, such transfer a garage, which vary on century property. The disease spreads overseas walking the Western Front. Day their gods were worn by charlemagne was under frankish kingdom of fact, private dwelling was formed by paulinus of. Ann Arbor: University of Michigan Press. In what year, Charlemagne was crowned emperor and adapted his existing royal administration to evolve up wanted the expectations of his ancient title. Godfred invaded frisia, verdun treaty of fact roman forces of odin and use of an end. Similar agreements had already been signed by Bulgaria, Turkey and Austria. Treaty A compact made between two or more independent nations with a view to the publicwelfare. Who defeated the Franks? The country from the lands, united states are absolutely essential for easier reading in verdun facts treaty of the few troops. -
Sions. This Was a Reference to the Truly Anti-Slavery Royal Edict of August 2, 1530, See (Vi) (4) Above
sions. This was a reference to the truly anti-slavery Royal edict of August 2, 1530, see (vi) (4) above. And so the Pope writes to the Cardinal to say that although the Indians are non-Christians, they have not been deprived [i.e. by a juridical act of the Papacy] of their freedom or of ownership of their own possessions, nor are they to be deprived of these. They are not to be exterminated by slavery, but are to be invited to Christian life by preaching and example. The Cardinal is commanded by the Pope to provide an effective defence for the Indians in this matter, and to forbid all Spaniards to reduce the Indians into slavery by any means whatsoever or deprive them of their possessions in any manner, under pain of excommunication if they do so.(1M) The Pope clearly approved the Royal edict which had prohibited enslavement of American Indians by any one of the titles of Roman civil law. But the Pope had evidently not been informed that this Royal edict had already been abrogated on February 20, 1534, by a subsequent edict which had once more authorized the enslavement of Indian prisoners captured in just warfare, (vi) (4) above. Charles V was irritated by the Papal Brief to the Cardinal, and advised the Pope to annul it, since it was injurious to the Imperial right of colonization and harmful to the peace of the Indies. So Pope Paul III duly annulled Pastorale Offidum on June 19, 1538, by the Brief Nonlndecens Videtur.aM) Meanwhile, however, four days after writing Pastorale Offidum to the Cardinal Archbishop of Toledo, Pope Paul III on June 2,1537, addressed <"•> Brief Pastorale Offidum. -
Origin of the Twin Terms Jus Ad Bellum/Jus in Bello
Origin of the twin terms jus ad bellum/jus in hello by Robert Kolb The august solemnity of Latin confers on the terms jus ad helium and jus in bello1 the misleading appearance of being centuries old. In fact, these expressions were only coined at the time of the League of Nations and were rarely used in doctrine or practice until after the Second World War, in the late 1940s to be precise. This article seeks to chart their emergence. The doctrine of just war The terms jus ad bellum and jus in bello did not exist in the Romanist and scholastic traditions. They were unknown to the canon and civil lawyers of the Middle Ages (glossarists, counsellors, ultramontanes, doctors juris utriusque, etc.), as they were to the classical authorities on international law (the School of Salamanca, Ayala, Belli, Gentili, Grotius, etc.). In neither period, moreover, was there a separation between two sets of rules — one ad bellum, the other in bello.2 Robert Kolb is preparing a doctorate in international law at the Graduate Institute for International Studies in Geneva; his thesis is entitled La bonne foi en droit international public (Good faith in public international law). Original: French 1 Jus ad bellum refers to the conditions under which one may resort to war or to force in general; jus in bello governs the conduct of belligerents during a war, and in a broader sense comprises the rights and obligations of neutral parties as well. 2 P. Haggenmacher, Grotius et la doctrine de la guerre juste, Paris, 1983, pp. -
1 Making a Difference in Tenth-Century Politics: King
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by St Andrews Research Repository 1 Making a Difference in Tenth-Century Politics: King Athelstan’s Sisters and Frankish Queenship Simon MacLean (University of St Andrews) ‘The holy laws of kinship have purposed to take root among monarchs for this reason: that their tranquil spirit may bring the peace which peoples long for.’ Thus in the year 507 wrote Theoderic, king of the Ostrogoths, to Clovis, king of the Franks.1 His appeal to the ideals of peace between kin was designed to avert hostilities between the Franks and the Visigoths, and drew meaning from the web of marital ties which bound together the royal dynasties of the early-sixth-century west. Theoderic himself sat at the centre of this web: he was married to Clovis’s sister, and his daughter was married to Alaric, king of the Visigoths.2 The present article is concerned with a much later period of European history, but the Ostrogothic ruler’s words nevertheless serve to introduce us to one of its central themes, namely the significance of marital alliances between dynasties. Unfortunately the tenth-century west, our present concern, had no Cassiodorus (the recorder of the king’s letter) to methodically enlighten the intricacies of its politics, but Theoderic’s sentiments were doubtless not unlike those that crossed the minds of the Anglo-Saxon and Frankish elite families who engineered an equally striking series of marital relationships among themselves just over 400 years later. In the early years of the tenth century several Anglo-Saxon royal women, all daughters of King Edward the Elder of Wessex (899-924) and sisters (or half-sisters) of his son King Athelstan (924-39), were despatched across the Channel as brides for Frankish and Saxon rulers and aristocrats. -
PDF, Formato B5
Lucha de clases y quiebra de la legalidad constitucional en la Roma tardorrepublicana Madrid Octubre de 2019 Publicaciones Jurilog Lorenzo Peña y Gonzalo LUCHA DE CLASES Y QUIEBRA DE LA LEGALIDAD CONSTITUCIONAL EN LA ROMA TARDORREPUBLICANA* Lorenzo Peña (del Ilustre Colegio de Abogados de Madrid) ••• Sumario 0. Preámbulo. 0.1. Ocasión y motivo del presente ensayo. 0.2. Plan del actual estudio. 0.3. La noción de lucha de clases. 1. Recapitulación de los hechos: ¿qué fue la conjuración de Catilina? 2. Irrelevancia histórica de la presunta conjura de Catilina del año 63. 3. Reconsideración de las figuras de Mario, Pompeyo y Craso. Optimates y populistas. 4. Valoración de Publio Clodio Pulcro. 5. Clodio y Catilina. 6. Clodio, los esclavos y el asesinato de Bouillæ. 7. Las nonas decembrinas del 63 y el exilio de Cicerón (58-57). 8. La esclavitud en Roma. 9. El proletariado en Roma. 10. Vitalidad de la religión politeísta. 11. Las instituciones político-jurídicas de la Roma tardorrepublicana. 11.1. División de poderes en la República Romana. 11.2. Las asambleas populares. 11.3. La constitución republicana y el bloque de constitucionalidad. 11.4. Las XII Tablas y la prohibición del priuilegium. 11.5. El Senado. Su potestad de anulación legislativa. 11.6. La potestad exoneratoria del Senado. 11.7. El valor legislativo de los senatus consulta. 11.8. El senatus consultum ultimum (SCU). 11.9. Recapituación del debate con Sir Fergus Millar. 11.10. Las tesis de Francisco Pina Polo sobre la antijuridicidad de muchas decisiones políticas en la Roma tardorrepublicana. 11.11. ¿Reconocía la constitución romana los derechos del hombre? 12. -
Shadow Kingdom: Lotharingia and the Frankish World, C.850-C.1050 1. Introduction Like Any Family, the Carolingian Dynasty Which
1 Shadow Kingdom: Lotharingia and the Frankish World, c.850-c.1050 1. Introduction Like any family, the Carolingian dynasty which ruled continental Western Europe from the mid-eighth century until the end of the ninth had its black sheep. Lothar II (855-69) was perhaps the most tragic example. A great-grandson of the famous emperor Charlemagne, he belonged to a populous generation of the family which ruled the Frankish empire after it was divided into three kingdoms – east, west and middle – by the Treaty of Verdun in 843. In 855 Lothar inherited the northern third of the Middle Kingdom, roughly comprising territories between the Meuse and the Rhine, and seemed well placed to establish himself as a father to the next generation of Carolingians. But his line was not to prosper. Early in his reign he had married a noblewoman called Theutberga in order to make an alliance with her family, but a few childless years later attempted to divorce her in order to marry a former lover called Waldrada by whom he already had a son. This was to be Lothar’s downfall, as his uncles Charles the Bald and Louis the German, kings respectively of west and east Francia, enlisted the help of Pope Nicholas I in order to keep him married and childless, and thus render his kingdom vulnerable to their ambitions. In this they were ultimately successful – by the time he died in 869, aged only 34, Lothar’s divorce had become a full-blown imperial drama played out through an exhausting cycle of litigation and posturing which dominated Frankish politics throughout the 860s.1 In the absence of a legitimate heir to take it over, his kingdom was divided between those of his uncles – and with the exception of a short period in the 890s, it never truly existed again as an independent kingdom. -
Roman Law and Global Constitutionalism
DOMINGO.DOCX (DO NOT DELETE) 2/6/2020 3:56 PM Roman Law and Global Constitutionalism RAFAEL DOMINGO* TABLE OF CONTENTS ABSTRACT ............................................................................................................217 I. INTRODUCTION ........................................................................................218 II. APPLYING SOME LESSONS FROM ROMAN LAW TO GLOBAL CONSTITUTIONALISM ...............................................................................221 A. Cosmopolitan Spirit .......................................................................221 B. Unwritten Constitution ..................................................................223 C. Respect for Tradition .....................................................................225 D. Nonsovereign State Paradigm .......................................................226 E. A Integrated Idea of Public Law....................................................228 F. Recovering the Idea of Necessity as a Source of Binding Law...................................................................................230 G. A Nonfoundational Approach to Constituent Power......................232 H. A Nonpositivist Approach to the Law.............................................235 I. Centrality of Litigation and Plurality of Jurisdictions...................237 J. A Practical Law Connected With Reality.......................................239 III. CONCLUSION ...........................................................................................240 ABSTRACT -
The Classification Into Branches of Modern Legal
THE CLASSIFICAT ION IN T O BRANCHES OF MODERN LEGAL SYS T EMS 443 Revista de Derecho de la Pontificia Universidad Católica de Valparaíso XXVII (Valparaíso, Chile, 2º semestre de 2006) [pp. 443 - 472] THE classiFicatiON INTO BRANCHES OF MODERN LEGAL SYSTEMS AND ROMAN laW TRADITIONS [“La clasificación en ramas de los sistemas legales modernos y las tradiciones del Derecho romano”] GÁBOR HAMZA * RESUMEN ABS T RAC T El presente trabajo se basa en la lec- This paper is based on the author’s ción inaugural del autor para su ingreso opening lesson upon his entry into the en la Academia Húngara de Ciencias; y Hungarian Academy of Sciences. He en él examina las diversas divisiones en hereby discusses the various divisions in partes o ramas de que ha sido objeto el parts or branches of the Law throughout Derecho, a través de la historia, empe- history, beginning with those formulated zando por las formuladas por los juristas by Roman jurists of public and private romanos, de Derecho público y privado y Law, and of civil and praetorian (hono- Derecho civil y pretorio (honorario). Es rary) Law. The first one has undoubte- sobre todo la primera que ha tenido una dly some influence, which the author influencia posterior, que el autor analiza analyzes among the commentators, in entre los glosadores y comentaristas, en la the humanistic judicial practice, and in jurisprudencia humanística y en diversas several later schools, with an extension escuelas de la época posterior, con exten- to Scottish law and to the common law sión al derecho escocés y al common law, and, of course in the juridical science of y desde luego en la Ciencia jurídica de the XIX and XX centuries.