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The German Civil Code
TUE A ERICANI LAW REGISTER FOUNDED 1852. UNIERSITY OF PENNSYLVANIA DEPART=ENT OF LAW VOL. {4 0 - S'I DECEMBER, 1902. No. 12. THE GERMAN CIVIL CODE. (Das Biirgerliche Gesetzbuch.) SOURCES-PREPARATION-ADOPTION. The magnitude of an attempt to codify the German civil. laws can be adequately appreciated only by remembering that for more than fifteefn centuries central Europe was the world's arena for startling political changes radically involv- ing territorial boundaries and of necessity affecting private as well as public law. With no thought of presenting new data, but that the reader may properly marshall events for an accurate compre- hension of the irregular development of the law into the modem and concrete results, it is necessary to call attention to some of the political- and social factors which have been potent and conspicuous since the eighth century. Notwithstanding the boast of Charles the Great that he was both master of Europe and the chosen pr6pagandist of Christianity and despite his efforts in urging general accept- ance of the Roman law, which the Latinized Celts of the western and southern parts of his titular domain had orig- THE GERM AN CIVIL CODE. inally been forced to receive and later had willingly retained, upon none of those three points did the facts sustain his van- ity. He was constrained to recognize that beyond the Rhine there were great tribes, anciently nomadic, but for some cen- turies become agricultural when not engaged in their normal and chief occupation, war, who were by no means under his control. His missii or special commissioners to those people were not well received and his laws were not much respected. -
6255 Kelly and Van Waarden Part 1.Indd
See discussions, stats, and author profiles for this publication at: https://www.researchgate.net/publication/344523990 “Sidonius’ People" Chapter · October 2020 CITATIONS READS 0 58 1 author: Ralph Mathisen University of Illinois, Urbana-Champaign 77 PUBLICATIONS 382 CITATIONS SEE PROFILE Some of the authors of this publication are also working on these related projects: Romans, Barbarians, and the End of the Western Roman Empire: Emperors, Tyrants, Generals, Potentates, and Kings View project All content following this page was uploaded by Ralph Mathisen on 07 October 2020. The user has requested enhancement of the downloaded file. 2 SIDONIUS’ P EOPLE Ralph Mathisen 1 Introduction N THE LATE fi fth century, in his ‘Sermon on the saintly martyr Vincent’, bishop Faustus of IRiez (c. 460-90 CE) gave his opinion on the value of being named in a saint’s life: ‘What present-day realm, what transmarine province, however far the Roman Empire or the Christian religion extends, does not rejoice to celebrate the birth of Vincentius? Who today, however, has ever heard even the name of [the praeses] Datianus, unless he has read the passion of Vincent?’1 As far as Faustus was concerned, Datianus’ appearance in a saint’s life would be his only chance for remembrance.2 The same can be said for nearly all of the people who appear in the works of Sidonius Apollinaris. Late antique Gaul was a busy place.3 A lot was happening: the rise of the Christian church as the most signifi cant social and cultural institution; the creation of barbarian kingdoms cou- pled with the fi nal precipitous decline and end of Roman authority; and a social world that was very much in fl ux, as previously unprivileged social groups gained greater opportunities and means of self-expression.4 The 24 poems, and in particular the 147 letters, of Sidonius offer an unparalleled window on the world of late antique Gaul, and provide readers with a wealth of material about the people who populated it.5 Sidonius was well positioned to gather this kind of information. -
Writing to Survive PUBL2
UvA-DARE (Digital Academic Repository) Writing to survive: A commentary on Sidonius Apollinaris, Letters Book 7, volume 1: The episcopal letters 1-11 van Waarden, J.A. Publication date 2009 Link to publication Citation for published version (APA): van Waarden, J. A. (2009). Writing to survive: A commentary on Sidonius Apollinaris, Letters Book 7, volume 1: The episcopal letters 1-11. General rights It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content license (like Creative Commons). Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible. UvA-DARE is a service provided by the library of the University of Amsterdam (https://dare.uva.nl) Download date:27 Sep 2021 Letter 1 ‘Acts of War and Weapons of Faith’ Introduction 1 Overview • Subject matter and addressee The war, the bishop, and faith. These are the themes, not only of the opening letter of book 7, but of all of the episcopal letters contained in it, although they vary in approach. -
A Chronological Particular Timeline of Near East and Europe History
Introduction This compilation was begun merely to be a synthesized, occasional source for other writings, primarily for familiarization with European world development. Gradually, however, it was forced to come to grips with the elephantine amount of historical detail in certain classical sources. Recording the numbers of reported war deaths in previous history (many thousands, here and there!) initially was done with little contemplation but eventually, with the near‐exponential number of Humankind battles (not just major ones; inter‐tribal, dynastic, and inter‐regional), mind was caused to pause and ask itself, “Why?” Awed by the numbers killed in battles over recorded time, one falls subject to believing the very occupation in war was a naturally occurring ancient inclination, no longer possessed by ‘enlightened’ Humankind. In our synthesized histories, however, details are confined to generals, geography, battle strategies and formations, victories and defeats, with precious little revealed of the highly complicated and combined subjective forces that generate and fuel war. Two territories of human existence are involved: material and psychological. Material includes land, resources, and freedom to maintain a life to which one feels entitled. It fuels war by emotions arising from either deprivation or conditioned expectations. Psychological embraces Egalitarian and Egoistical arenas. Egalitarian is fueled by emotions arising from either a need to improve conditions or defend what it has. To that category also belongs the individual for whom revenge becomes an end in itself. Egoistical is fueled by emotions arising from material possessiveness and self‐aggrandizations. To that category also belongs the individual for whom worldly power is an end in itself. -
Rationalising Sexual Morality in Western Christian Discourses, AD 390 – AD 520
Deviance and Disaster: Rationalising sexual morality in Western Christian discourses, AD 390 – AD 520 Ulriika Vihervalli School of History, Archaeology and Religion Cardiff University Presented for the degree of Doctor of Philosophy April 2017 Abstract This thesis argues that the transition from traditional Roman ideas of sexual behaviour to idealised Christian sexual behaviour was a reactionary process, for which the period from AD 390 to AD 520 offers a crucial key stage. During this era, the Roman West underwent significant socio-political changes, resulting in warfare and violent conflict, which created a pressurised and traumatic environment for people who endured them. In this context, the rhetoric of divine punishment for sinful behaviour was stron gly linked with sexual acts, causing ideas on sexual mores to develop. The thesis highlights three key aspects of these developments. Firstly, warfare necessitated changes in Christian doctrines on marriages and rape, resulting from collective and cultural trauma. Secondly, sexually impure acts of incest and prostitution were defiling to the religious collective yet the consequences of these were negotiated on a case-to-case basis, reflecting adaptation. Thirdly, traditional Roman ideas of polygyny and homosexual acts overrode Christian ideas on the same. After discussing these three aspects, this work offers a revised interpretation of Salvian of Marseilles’s De gubernatione Dei to illuminate the purpose of the sexual polemic contained in his work – a task that no existing scholarship has attempted to undertake. Daily realities and conflicts drove discourses on sexual mores forwards, and this thesis outlines how this occurred in practice, arguing that attitudes to sex were deeply rooted in secular contexts and were reactionary in nature. -
Complete Dissertation
University of Groningen The growth of an Austrasian identity Stegeman, Hans IMPORTANT NOTE: You are advised to consult the publisher's version (publisher's PDF) if you wish to cite from it. Please check the document version below. Document Version Publisher's PDF, also known as Version of record Publication date: 2014 Link to publication in University of Groningen/UMCG research database Citation for published version (APA): Stegeman, H. (2014). The growth of an Austrasian identity: Processes of identification and legend construction in the Northeast of the Regnum Francorum, 600-800. Copyright Other than for strictly personal use, it is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), unless the work is under an open content license (like Creative Commons). The publication may also be distributed here under the terms of Article 25fa of the Dutch Copyright Act, indicated by the “Taverne” license. More information can be found on the University of Groningen website: https://www.rug.nl/library/open-access/self-archiving-pure/taverne- amendment. 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. Downloaded from the University of Groningen/UMCG research database (Pure): http://www.rug.nl/research/portal. For technical reasons the number of authors shown on this cover page is limited to 10 maximum. Download date: 02-10-2021 The growth of an Austrasian identity Processes of identification and legend construction in the Northeast of the Regnum Francorum, 600-800 Proefschrift ter verkrijging van het doctoraat aan de Rijksuniversiteit Groningen op gezag van de rector magnificus dr. -
Chapter 1 Barbarian Agency and Imperial Withdrawal: the Causes And
Chapter 1 Barbarian agency and imperial withdrawal: the causes and consequences of political change in fourth- and fifth-century Trier and Cologne Introduction Snapshots from the years 310, 410, and 510 reveal that the political landscape of the Rhineland changed almost beyond recognition over the course of three centuries. In 310 AD, Trier was one of the foremost cities of the Roman Empire, acting as a main residence of the Emperor Constantine and the seat of the Gallic praetorian prefecture. In Cologne, meanwhile, the completion of the fortress of Divitia just across the Rhine reinforced the city’s significance in the context of imperial defensive strategy. By 410 AD, however, both the imperial residence and the praetorian prefecture had been removed from Trier, and many frontier troops who had been stationed near Cologne were gone. The Rhineland had suffered an apparently devastating barbarian invasion, that of the Vandals, Alans, and Sueves in 406, and was to face many more attacks in the coming half-century. After the invasion, the legitimate emperors were never to re- establish their firm control in the region, and the reign of the usurper Constantine III (407 - 411) marked the last period of effective imperial rule. Around 510 AD, the last vestiges of imperial political power had vanished, and both Trier and Cologne were part of the Frankish kingdom of Clovis. The speed and extent of this change must have dramatically affected many aspects of life within the cities, and, as such, it is crucial that we seek to understand what brought it about. In so doing, we must consider the fundamental question of whether responsibility for the collapse of imperial power in the Rhineland ultimately lies with the imperial authorities themselves, who withdrew from the region, or with the 11 various barbarian groups, who launched attacks on the frontier provinces and undermined the Empire’s control. -
Deadly Hostility: Feud, Violence, and Power in Early Anglo-Saxon England
Western Michigan University ScholarWorks at WMU Dissertations Graduate College 6-2017 Deadly Hostility: Feud, Violence, and Power in Early Anglo-Saxon England David DiTucci Western Michigan University, [email protected] Follow this and additional works at: https://scholarworks.wmich.edu/dissertations Part of the European History Commons Recommended Citation DiTucci, David, "Deadly Hostility: Feud, Violence, and Power in Early Anglo-Saxon England" (2017). Dissertations. 3138. https://scholarworks.wmich.edu/dissertations/3138 This Dissertation-Open Access is brought to you for free and open access by the Graduate College at ScholarWorks at WMU. It has been accepted for inclusion in Dissertations by an authorized administrator of ScholarWorks at WMU. For more information, please contact [email protected]. DEADLY HOSTILITY: FEUD, VIOLENCE, AND POWER IN EARLY ANGLO-SAXON ENGLAND by David DiTucci A dissertation submitted to the Graduate College in partial fulfillment of the requirements for the degree of Doctor of Philosophy History Western Michigan University June 2017 Doctoral Committee: Robert F. Berkhofer III, Ph.D., Chair Jana Schulman, Ph.D. James Palmitessa, Ph.D. E. Rozanne Elder, Ph.D. DEADLY HOSTILITY: FEUD, VIOLENCE, AND POWER IN EARLY ANGLO-SAXON ENGLAND David DiTucci, Ph.D. Western Michigan University, 2017 This dissertation examines the existence and political relevance of feud in Anglo-Saxon England from the fifth century migration to the opening of the Viking Age in 793. The central argument is that feud was a method that Anglo-Saxons used to understand and settle conflict, and that it was a tool kings used to enhance their power. The first part of this study examines the use of fæhð in Old English documents, including laws and Beowulf, to demonstrate that fæhð referred to feuds between parties marked by reciprocal acts of retaliation. -
The Last Horizons of Roman Gaul: Communication, Community, and Power at the End of Antiquity
The Last Horizons of Roman Gaul: Communication, Community, and Power at the End of Antiquity The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Wilkinson, Ryan Hayes. 2015. The Last Horizons of Roman Gaul: Communication, Community, and Power at the End of Antiquity. Doctoral dissertation, Harvard University, Graduate School of Arts & Sciences. Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:17467211 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA The Last Horizons of Roman Gaul: Communication, Community, and Power at the End of Antiquity A dissertation presented by Ryan Hayes Wilkinson to The Department of History in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the subject of History Harvard University Cambridge, Massachusetts May 2015 © 2015 Ryan Hayes Wilkinson All rights reserved. Dissertation Advisor: Professor Michael McCormick Ryan Hayes Wilkinson The Last Horizons of Roman Gaul: Communication, Community, and Power at the End of Antiquity Abstract In the fifth and sixth centuries CE, the Roman Empire fragmented, along with its network of political, cultural, and socio-economic connections. How did that network’s collapse reshape the social and mental horizons of communities in one part of the Roman world, now eastern France? Did new political frontiers between barbarian kingdoms redirect those communities’ external connections, and if so, how? To address these questions, this dissertation focuses on the cities of two Gallo-Roman tribal groups. -
Paths of Western Law After Justinian
Pace University DigitalCommons@Pace Pace Law Faculty Publications School of Law January 2006 Paths of Western Law After Justinian M. Stuart Madden Pace Law School Follow this and additional works at: https://digitalcommons.pace.edu/lawfaculty Recommended Citation Madden, M. Stuart, "Paths of Western Law After Justinian" (2006). Pace Law Faculty Publications. 130. https://digitalcommons.pace.edu/lawfaculty/130 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Faculty Publications by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. M. Stuart add en^ Preparation of the Code of Justinian, one part of a three-part presentation of Roman law published over the three-year period from 533 -535 A.D, had not been stymied by the occupation of Rome by the Rugians and the Ostrogoths. In most ways these occupations worked no material hardship on the empire, either militarily or civilly. The occupying Goths and their Roman counterparts developed symbiotic legal and social relationships, and in several instances, the new Germanic rulers sought and received approval of their rule both from the Western Empire, seated in Constantinople, and the Pope. Rugian Odoacer and Ostrogoth Theodoric each, in fact, claimed respect for Roman law, and the latter ruler held the Roman title patricius et magister rnilitum. In sum, the Rugians and the Ostrogoths were content to absorb much of Roman law, and to work only such modifications as were propitious in the light of centuries of Gothic customary law. -
Merovingian Queens: Status, Religion, and Regency
Merovingian Queens: Status, Religion, and Regency Jackie Nowakowski Honors Thesis Submitted to the Department of History, Georgetown University Advisor: Professor Jo Ann Moran Cruz Honors Program Chair: Professor Alison Games May 4, 2020 Nowakowski 1 Table of Contents: Acknowledgments………………………………………………………………………………..2 Map, Genealogical Chart, Glossary……………………………………………………………3 Introduction………………………………………………………………………………………7 Chapter 1: The Makings of a Merovingian Queen: Slave, Concubine, or Princess………..18 Chapter 2: Religious Authority of Queens: Intercessors and Saints………………………..35 Chapter 3: Queens as Regents: Scheming Stepmothers and Murdering Mothers-in-law....58 Conclusion……………………………………………………………………………………....80 Bibliography…………………………………………………………………………………….83 Nowakowski 2 Acknowledgements I would like to thank Professor Moran Cruz for all her guidance and advice; you have helped me become a better scholar and writer. I also want to thank Professor Games for your constant enthusiasm and for creating a respectful and fun atmosphere for our seminar. Your guidance over these past two semesters have been invaluable. I am also so grateful for my classmates, who always gave me honest and constructive feedback; I have enjoyed seeing where your projects take you. Most of all, I would like to thank my family and friends for listening to me talk nonstop about a random, crazy, dysfunctional family from the sixth century. I am incredibly thankful for my parents, sister, and friends for their constant support. Thank you mom for listening to a podcast on the Merovingians so you could better understand what I am studying. You have always inspired me to work hard and I probably wouldn’t have written a thesis without you as my inspiration. I also want to thank my dad, who always supported my studies and pretended to know more about a topic than he actually did. -
Frankish Society in the Late Fifth and Sixth Centuries AD
Wood, Catrin Mair Lewis (2002) The role of the nobility in the creation of Gallo-Frankish society in the late fifth and sixth centuries AD. PhD thesis, University of Nottingham. Access from the University of Nottingham repository: http://eprints.nottingham.ac.uk/12175/1/246909.pdf Copyright and reuse: The Nottingham ePrints service makes this work by researchers of the University of Nottingham available open access under the following conditions. · Copyright and all moral rights to the version of the paper presented here belong to the individual author(s) and/or other copyright owners. · To the extent reasonable and practicable the material made available in Nottingham ePrints has been checked for eligibility before being made available. · Copies of full items can be used for personal research or study, educational, or not- for-profit purposes without prior permission or charge provided that the authors, title and full bibliographic details are credited, a hyperlink and/or URL is given for the original metadata page and the content is not changed in any way. · Quotations or similar reproductions must be sufficiently acknowledged. Please see our full end user licence at: http://eprints.nottingham.ac.uk/end_user_agreement.pdf A note on versions: The version presented here may differ from the published version or from the version of record. If you wish to cite this item you are advised to consult the publisher’s version. Please see the repository url above for details on accessing the published version and note that access may require a subscription. For more information, please contact [email protected] The Role of the Nobility in the Creation of Gallo-Frankish Society In the late fifth and sixth centuries ad by Catrin Mair Lewis Wood, M.Phil.