El Dualismo Autoridad-Potestad Como Fundamento De La Organización Y Del Pensamiento
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The Politics of Roman Memory in the Age of Justinian DISSERTATION Presented in Partial Fulfillment of the Requirements for the D
The Politics of Roman Memory in the Age of Justinian DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Marion Woodrow Kruse, III Graduate Program in Greek and Latin The Ohio State University 2015 Dissertation Committee: Anthony Kaldellis, Advisor; Benjamin Acosta-Hughes; Nathan Rosenstein Copyright by Marion Woodrow Kruse, III 2015 ABSTRACT This dissertation explores the use of Roman historical memory from the late fifth century through the middle of the sixth century AD. The collapse of Roman government in the western Roman empire in the late fifth century inspired a crisis of identity and political messaging in the eastern Roman empire of the same period. I argue that the Romans of the eastern empire, in particular those who lived in Constantinople and worked in or around the imperial administration, responded to the challenge posed by the loss of Rome by rewriting the history of the Roman empire. The new historical narratives that arose during this period were initially concerned with Roman identity and fixated on urban space (in particular the cities of Rome and Constantinople) and Roman mythistory. By the sixth century, however, the debate over Roman history had begun to infuse all levels of Roman political discourse and became a major component of the emperor Justinian’s imperial messaging and propaganda, especially in his Novels. The imperial history proposed by the Novels was aggressivley challenged by other writers of the period, creating a clear historical and political conflict over the role and import of Roman history as a model or justification for Roman politics in the sixth century. -
Noted Previously, Was an Archaic Form of Marriage in Which the Woman Passed from Her Natal Family to Her Husband’S
GAIUS’ INSTITUTES – PERSONS – PART 2 – OF ONE’S OWN RIGHT vs. SUBJECT TO THE RIGHT OF ANOTHER (GI.1.48–200) 1. There follows a massive graphic on those of their own right (sui iuris) and those subject to another’s right (alieno iuri subiecti, normally shortened to alieni iuris): B sui iuris 1,13 vs. A alieni iuris 1,8 __________|________________ ________|_________ | | | | | | totally tutela 6,10,11 cura 12 in potestate 6 in manu 7 in mancipio __________|______ _____|_____ ___|______ | | | | | | | | | | testament legit fiduc dat pro min fur dominica patria 2 | 5 | 2 | _______| |____________ |__________________ | | | | | | | | children freedmen wom. litig. sine iust. nupt. mixed adoptivi 3 4 7 8 9 3 4 5 a. The numbers indicate the order in which Gaius takes up the topic. The combination of the Latin and the abbreviations necessary to get this all into one graphic make the specifics hard to follow. The point of the graphic is not the specifics, it’s the structure. b. (On the slide A and B are reversed; this follows the order of the graphic above.) Both sides of the dichotomy have four levels. Levels 1 and 2 deal with categories of persons: level 1 those sui iuris and those alieni iuris, level 2 those totally sui iuris, those in tutelage (tutela), those in another form of guardianship (cura), those in power (in potestate), those literally ‘in hand’ (in manu), those in ‘hand-capture’ (in mancipio). Levels 3 and 4 are mixed dealing sometimes with categories of persons and sometimes with ways of acquiring the status. -
Zeynep Koçak-Şimşek* This Article
M ARSILIUS OF P ADUA : T HE S OCIAL C ONTRACTARIAN Zeynep Koçak - Şimşek * This article aims to demonstrate that Marsilius of Padua' s Defensor Pacis (1324) encompasses the basics of the social contract theory. Marsilius arrives at the social contractarian theory drawing upon both his past and present political engagements, and the theoretical legal - political debates of his time. He reconciles his back ground in the city - state of Padua, which struggled with the Holy Roman Empire to keep its autonomous legal order of republican liberties, with his political tendency to and his engagement with the i mperial order. Yet, in constructing his political thought, he benefits immensely from the legal and political debates that had been going on since the beginning of the 10th century with the emergence of the Bologna law school, as well as the revival of both Aristotelian scholarship and Ulpian ' s contribution to th e Digest. All of this had a decisive impact on the scope of the debates. The legal debates sought the legitimate origin of the Holy Roman Emperor ' s sovereignty . H owever, by breaking sovereignty into parts as executive power and legislative power, Azo Portius introduced the possibility of the separation of powers into the debate. Armed with his engagement with the Aristotelian ' doctrine of the wisdom of the multitude ' and the renaissance of the Codex, Marsilius was able to further what Azo had dismantle d by shifting the power that underlay the sovereignty from a bundle of legislative and executive powers to merely legislative ones. Through a convention that he derived from l ex r egia, he constituted the first version of the social contract . -
Futility of Resort to Roman Law for Interpretation of Statutes on Adoption J
CORE Metadata, citation and similar papers at core.ac.uk Provided by Marquette University Law School Marquette Law Review Volume 9 Article 3 Issue 4 June 1925 Futility of Resort to Roman Law for Interpretation of Statutes on Adoption J. Gilbert Hardgrove Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation J. Gilbert Hardgrove, Futility of Resort to Roman Law for Interpretation of Statutes on Adoption, 9 Marq. L. Rev. 239 (1925). Available at: http://scholarship.law.marquette.edu/mulr/vol9/iss4/3 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. FUTILITY OF RESORT TO ROMAN LAW FOR INTERPRETATION OF STATUTES ON ADOPTION J. GILBERT HARDGROVE* SN a case recently presented to the Supreme Court of Wisconsin, it was held that a child adopted under the statutes of Wisconsin would not take by descent from a brother of the adoptive parent.' An argu- ment was made to the effect that adoption, being unknown to the com- mon law, must be presumed to have been taken from the Roman Law, that under the Roman Law, adoption carried with it the right of col- lateral inheritance and that the same result should follow when we pro- vide for adoption. The court, in its opinion, very properly, it is thought, did not discuss this argument, treating the case as turning upon a correct interpretation of the statute involved. -
The Importance of Praetor Activity
Dr. Beatrix PINTÉR Ph.D.-student, Department of Theory of Law The Importance of Praetor Activity In ancient Rome the state was strongly linked to its citizens. The term of civitas, city-state, denominated all the citizens. The republic (coming from res publica) was first used during the Emperor’s Age, which was understood as libera res publica, Cicero interpreted as res populi, the thing of people. Starting from the Republic era the Romans called themselves senatus popu- lusque Romanus. The system of early republic came to its existence at B.C. 510 after the last Roman King Tarquinius Superbus was displaced. The new state was formed by the magistrats, the senates and the comitia. The magistrats were the public servant and public offices with the outmost power. Some of the magistrats were inherited from the royal era, and some lived through the empire era. The Roman magistrats were elected for a period of one year, they were not remunarated for their work, and they could resign from their position. The magistrats could have imperium and non-imperium, from their role they could be cathegorized as ordinary and extraordinary, and depending on their jurisdiction they could be greater or smaller public officers. The consul, the praetor, the censor were magistratus maior, while the aedilis, the quaestor and the tribune plebis were minor magistratus. Among the privileges that magistrats maiores had was wearing the purple toga, Etruscan origin, and the use of chairs ornated with ivory inlaids. The magistrats could earn the potestas, the public office, which by definition could be larger or smaller. -
Ius Vitae Necisque: the Politics of Killing Children
ius vitae necisque: the politics of killing children Curran, J. (2018). ius vitae necisque: the politics of killing children. Journal of Ancient History, 6(1), 111-135. https://doi.org/10.1515/jah-2017-0002 Published in: Journal of Ancient History Document Version: Peer reviewed version Queen's University Belfast - Research Portal: Link to publication record in Queen's University Belfast Research Portal Publisher rights Copyright 2018 De Gruyter. This work is made available online in accordance with the publisher’s policies. Please refer to any applicable terms of use of the publisher. General rights Copyright for the publications made accessible via the Queen's University Belfast Research Portal is retained by the author(s) and / or other copyright owners and it is a condition of accessing these publications that users recognise and abide by the legal requirements associated with these rights. Take down policy The Research Portal is Queen's institutional repository that provides access to Queen's research output. Every effort has been made to ensure that content in the Research Portal does not infringe any person's rights, or applicable UK laws. If you discover content in the Research Portal that you believe breaches copyright or violates any law, please contact [email protected]. Download date:24. Sep. 2021 Ius vitae necisque: the politics of killing children ‘..the pater had originally had, or so the Romans believed, the power of life and death over children…’1 According to the Antonine lawyer Gaius, when the emperor Hadrian published -
The Role and Status of the Catholic Church in the Church-State Relationship Within the Roman Empire from A.D
Andrews University Digital Commons @ Andrews University Dissertations Graduate Research 2009 The Role and Status of the Catholic Church in the Church-State Relationship Within the Roman Empire from A.D. 306 to 814 Jean Carlos Zukowski Andrews University Follow this and additional works at: https://digitalcommons.andrews.edu/dissertations Part of the Catholic Studies Commons, and the History of Christianity Commons Recommended Citation Zukowski, Jean Carlos, "The Role and Status of the Catholic Church in the Church-State Relationship Within the Roman Empire from A.D. 306 to 814" (2009). Dissertations. 174. https://digitalcommons.andrews.edu/dissertations/174 This Dissertation is brought to you for free and open access by the Graduate Research at Digital Commons @ Andrews University. It has been accepted for inclusion in Dissertations by an authorized administrator of Digital Commons @ Andrews University. For more information, please contact [email protected]. Thank you for your interest in the Andrews University Digital Library of Dissertations and Theses. Please honor the copyright of this document by not duplicating or distributing additional copies in any form without the author’s express written permission. Thanks for your cooperation. Andrews University Seventh-day Adventist Theological Seminary THE ROLE AND STATUS OF THE CATHOLIC CHURCH IN THE CHURCH-STATE RELATIONSHIP WITHIN THE ROMAN EMPIRE FROM A.D. 306 TO 814 A Dissertation Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy by Jean Carlos Zukowski July 2009 TABLE OF CONTENTS LIST OF ABBREVIATIONS ............................. viii Chapter I. INTRODUCTION ................................ 1 Background of the Problem ........................ 1 Statement of the Problem .......................... 4 Purpose .................................... 6 Justification for the Research ....................... -
"Am I, by Law, the Lord of the World?": How the Juristic Response to Frederick Barbarossa's Curiosity Helped Shape Western Constitutionalism
Michigan Law Review Volume 92 Issue 6 1994 "Am I, By Law, the Lord of the World?": How the Juristic Response to Frederick Barbarossa's Curiosity Helped Shape Western Constitutionalism Charles J. Reid Jr. Emory University Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Comparative and Foreign Law Commons, and the Legal History Commons Recommended Citation Charles J. Reid Jr., "Am I, By Law, the Lord of the World?": How the Juristic Response to Frederick Barbarossa's Curiosity Helped Shape Western Constitutionalism, 92 MICH. L. REV. 1646 (1994). Available at: https://repository.law.umich.edu/mlr/vol92/iss6/17 This Review is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. "AM I, BY LA~, THE LORD OF THE WORLD?": HOW THE JURISTIC RESPONSE TO FREDERICK BARBAROSSA'S CURIOSITY HELPED SHAPE WESTERN CONSTITUTIONALISM Charles J. Reid, Jr. * THE PRINCE AND THE LAW, 1200-1600: SOVEREIGNTY AND RIGHTS IN THE WESTERN LEGAL TRADITION. By Kenneth Pennington. Berkeley and Los Angeles: University of California Press. 1993. Pp. xiii, 335. $40. INTRODUCTION Kenneth Pennington's1 new book can fairly be called a tour de force. Pennington begins his book with a subtle and thorough exami nation of some of the basic elements of the constitutional order that first emerged in Western law in the twelfth and thirteenth centuries - including theories of sovereignty, power, rights, and due process - and goes on to examine some of the ways in which these concepts developed in the juristic thought of the fourteenth and fifteenth centu ries. -
Geneology of Authority and the Puzzle of Sovereignty
European Scientific Journal December 2015 /SPECIAL/ edition Vol.2 ISSN: 1857 – 7881 (Print) e - ISSN 1857- 7431 GENEOLOGY OF AUTHORITY AND THE PUZZLE OF SOVEREIGNTY Lasha Matiashvili, Lecturer Grigol Robakidze University, Tbilisi, Georgia Abstract In the following article on the basis of Agamben’s and Arendt’s philosophical tradition the idea of authority will be examined and interpreted in the light of the Agamben’s most provocative and crucial concept-idea of Homo Sacer. Genuine understanding of the concept will be attempted by using genealogical and hermeneutical method. Despite the historical and philosophical richness and depth of material, Arendt’s investigation lacks precise definition of the term and also nothing is said about the place and function of authority in modern social and political context. Arendt confines herself with historical elucidation and negative representation of authority. She tells more about what was not its meaning, rather defining it in positive terms. However, opposite can be said on Giorgio Agamben. Methodological resemblance of authors is evident, both chose archeological and historical form of inquiry, but as Agamben characterized his attitude, his aim was to develop the problematic thought and to say what remains unsaid and concealed in other’s writings without any ambition of fulfilling it. Therefore, we can interpret the notions of authority and power, as they are mixed with each other in the sovereign’s figure of indifference. Keywords: Agamben, Arendt, Authority, State of Exception, Homo Sacer Introduction For the Greek mythological and philosophical tradition the rejection or killing of the father was not so strange and unconceivable theoretical event. -
The Holy Roman Empire
'^* /^^^^/^r>r*^K*-*— / ^ ^ r.U^'' ^^-^"1/ /%.-<i ^ . ?^ ^/}; THE HOLY ROMAN EMPIRE. ( THE HOLY ROMAN EMPIRE BY JAMES BRYCE,. D.C.L. FELLOW OF ORIEL COLLEGE and PROFESSOR OF CIVIL LA IV IN THE UNIVERSITY OF OXFORD THIRD EDITION KEVISED v \ MACMILLAN AND CO. 1871 (§7/ OXFORD: By T. Combe. M.A.. E. B. and E. Gardner, P.ckard Hall, PRINTERS TO THE UNIVERSITY. PREFACE TO THE THIRD EDITION. i HE object of this treatise is not so much to give a narrative history of the countries included in the Romano- Germanic Empire—Italy during the middle ages, Ger- many from the ninth century to the nineteenth—as to describe the Holy Empire itself as an institution or system, the wonderful offspring of a body of beliefs and traditions which have almost wholly passed away from the world. Such a description, however, would not be the intelligible without some account of great events which accompanied the growth and decay of imperial power; and it has therefore appeared best to give the book the form rather of a narrative than of a disserta- tion to combine with an of what be ; and exposition may called the theory of the Empire an outline of the political history of Germany, as well as some notices of the affairs of mediaeval Italy. To make the succession of events clearer, a Chronological List of Emperors and Popes has been prefixed*. The present edition has been carefully revised and and a additions have corrected throughout ; good many been made to both text and notes. Lincoln's Inn, August II, 1870. -
La Auctoritas En El Pensamiento De Santo Tomas De Aquino
Serie Investigación Publicó el documento La paz sobre la mesa con las agendas de las diversas partes involucradas en el conicto colom- biano (revista Cambio, 1998); escribió la Consultoría Internacional de la LA AUCTORITAS POLÍTICA EN EL PENSAMIENTO DE Reforma Política en Colombia (Minis- SANTO TOMÁS DE AQUINO terio del Interior, noviembre de 1999); junto con Gerard Martin publicó los libros Participación y forta- La autoridad política guía los destinos de Miguel Ceballos Arévalo nació en lecimiento institucional a nivel local en millones de seres humanos. Todos los días Bogotá en octubre de 1966. Decano Colombia (Bogotá, 2001) y Bogotá, de la Escuela de Política de la Univer- anatomía de una transformación: políti- nuestras voluntades son afectadas por las decisiones de personas en quienes reconocemos sidad Sergio Arboleda de Bogotá cas de seguridad ciudadana 1995-2003 (primer periodo: 2009-2010; segundo “autoridad”, pero, ¿qué es la autoridad?, ¿cuál es su (Bogotá, 2004). En 2008 hizo parte periodo: julio de 2013 hasta hoy). de la Comisión de Ajuste Institucio- origen?, ¿por qué la obedecemos? El presente Viceministro de Justicia de Colombia nal, que diseñó la Reforma Política libro invita al lector a buscar las respuestas a estos Serie Investigación (enero 2009 - agosto 2010). Director que fue aprobada en 2009. Entre interrogantes en el pensamiento de uno de los del Instituto de Derechos Humanos y 2009 y 2010 participó activamente en más grandes lósofos de todos los tiempos, Tomás Derecho Internacional Humanitario el diseño y gestión para aprobación de de Aquino, para quien el ejercicio de la auctoritas de la Universidad Sergio Arboleda dos reformas constitucionales y más tiene una doble función, por un lado educa y por (desde 2010 hasta hoy). -
Saint Louis IX and Holy Roman Emperor Frederick III
[Expositions 9.2 (2015) 35–79] Expositions (online) ISSN: 1747–5376 Saint Louis IX and Holy Roman Emperor Frederick III THOMAS RENNA Saginaw Valley State University (Emeritus) ABSTRACT Throughout the Middle Ages the French and the Germans have vied with each other in their attempts to integrate the figure of Charlemagne into their perceptions of national identity. Both legacies envisioned Charles the Great as a prototypical Christian ruler, crusader, pilgrim, and promoter of the arts of civilization. But for the French, as exemplified by St. Louis IX (1226–70), Charlemagne remained primarily a role model for their monarchs, including the Valois, and a hero of the chansons de geste. For the Germans, as personified by the Habsburg emperor Frederick III (1440–93), Charlemagne embodied the Roman Empire and the German nation. He was a saint with historical roots going back to the Trojans. Far more than the French, the late medieval Germans emphasized the imperial traditions as they were represented in the memory of Karl der Grosse. “Your holiness is sovereign in Rome, but I am Emperor of Rome.” —to Pope Pius VII, 13 Feb 1806 “I am Charlemagne, the Sword of the Church, and their Emperor [the people of Rome][.]” —to Cardinal Fesch, 18 Feb 18061 Exactly two years earlier in 1804 Napoleon announced that he was Emperor of the French. Throughout that summer the Moniteur ran articles which compared Napoleon to Charlemagne as the restorer of the glory of France, the arts of civilization, and the equality of all people.2 At once the Emperor had combined the French and German understandings of the memory of Charlemagne.