Episcopal Election in Novgorod, Russia 1156–1478

2003 ◽  
Vol 72 (2) ◽  
pp. 251-275 ◽  
Author(s):  
Michael C. Paul
Keyword(s):  
Middle Ages ◽  
Twelfth Century ◽  
Canon Law ◽  
Modern Times ◽  
Lay Participation ◽  
The People ◽  
Investiture Controversy ◽  
The Right

Episcopal election in Western Christianity evolved considerably over the course of the fifth to the twelfth centuries. In the early part of this period, an open electorate consisting of the clergy and the people (clerus et populus), as well as the diocesan clergy and the metropolitan archbishop, all took part in the election and consecration of a new bishop. Over the course of several centuries, the local prince came increasingly to dominate the process due both to Germanic and Roman traditions of the role of the prince and to the growth in power of the local rulers over the course of the Middle Ages. Efforts to harmonize the discordant views of a “democratic” versus an elite (either princely or clerical) electorate with the ideals of canon law, which forbade lay participation in episcopal election, led to assertions that the clergy were to elect the bishop with the people and the prince giving their assent to the bishop-elect. However, with the Gregorian reforms of the twelfth century, the right of the clergy in episcopal elections became preeminent as the reformers sought to enforce the canon laws and exclude the laity from episcopal election, especially in light of past princely abuse. Despite the apparent victory of the reformers in the Investiture Controversy, the local ruler continued to play a preeminent role in episcopal appointments (or elections) into modern times, though the principle of election “by the clergy and the people” fell into disuse.

scholarly journals “PER CLERUM ET POPULUM”? LEGAL TERMINOLOGY AND EPISCOPAL APPOINTMENTS IN DENMARK 1059–1225

Traditio ◽  
2016 ◽  
Vol 71 ◽  
pp. 143-178
Author(s):  
ANNA MINARA CIARDI
Keyword(s):  
Special Reference ◽  
Twelfth Century ◽  
Canon Law ◽  
Legal Development ◽  
The Church

The phrase per clerum et populum (“by clergy and people”) was traditionally used to describe how the election of a bishop had been or should be undertaken. Over the course of the twelfth century this changed. Ecclesiastical legislation was step by step revised and codified. The aim of the reformers was to safeguard the autonomy of the Church and to reduce lay influence. The purposes of this article are, first, to examine legal terminology in the context of episcopal appointments from 1059 to 1215, with special reference to the formula per clerum et populum and the role of cathedral chapters as electoral bodies; second, to examine how episcopal appointments were actually undertaken and what terminology was used in the kingdom of Denmark until circa 1225; and, third, to share some ideas about the development of canon law in the context of “cathedral culture.” My conclusions are, first, that the mode of election per clerum et populum was gradually replaced and eventually became invalid, parallel to a legal development where cathedral chapters became the “proper” electoral body; second, that the monastic ideals of ecclesiastical freedom prompted by the reformers are evident in normative texts from cathedral chapters in Denmark already in the first quarter of the twelfth century; and, finally, that the legal developments strongly contributed to the formation of capitular institutions and a specific cathedral culture, which was rooted in monasticism but also differed from it, not least with regard to its legal functions.

scholarly journals Role of Documentation and Legal Information Network (JDIH) Efforts in Fulfillment of Human Rights

2018 ◽  
Vol 1 (2) ◽  
pp. 371
Author(s):  
Dewi Sukmaningsih
Keyword(s):  
Human Rights ◽  
Communication Technology ◽  
Information Network ◽  
Legal Information ◽  
The People ◽  
Presidential Decree ◽  
Information And Communication ◽  
Protection Of Human Rights ◽  
The Right

Indonesia is a country of law, and one of the characteristics of a state of law is the guarantee and protection of human rights, one of which is the right to obtain information, including the legal information that is information about the legislation both national and local. The principle of fiction (fictie) law states that any person considered to determine the existence of a legislation after its enactment, the ignorance of the people on the legislation, can not be excused. To that end, legislation information should be easily accessible. Issuance of Presidential Decree No. 33 of 2012 on Information and Documentation Network of National Law (JDIHN) isin order to fulfill the right to obtain legal information, especially information legislation. Management of Legal Documentation and Information Network by utilizing information and communication technology (ICT) makes legal information can be accessed quickly, easily, complete and accurate, thereby supporting the fulfillment of human rights, namely the right to obtain legal information properly.Keywords: Documentation and Legal Information Network, Efforts, Fulfillment, Human Rights

scholarly journals PERANAN WARGA TIONGHOASEBAGAI ANGGOTA LEGISLATIFDI KOTA BATAM TAHUN 1999-2009

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Fitri Yanti ◽  
Nunung Krisnawati
Keyword(s):  
Local Governments ◽  
Control Function ◽  
Secondary Data ◽  
Primary Data ◽  
Chinese Community ◽  
Historical Method ◽  
Control Functions ◽  
The People ◽  
The Right

The background of this thesis is an increasing number of legislators Batam from Chinese citizens, at the 1999 elections, there were two people who passed to the DPRD Kota Batam, in the elections of 2004 increased to four Chinese citizens who become legislators Batam. It is not independent of their role during the sitting in the legislature as a representative of the people. This study aims to clarify the role of Chinese citizens who sat as a legislative member in Batam 1999-2009This research is a qualitative research, the historical method with the approach of political science. Steps historical research include: first heuristic, there are two sources of data are primary data and secondary data, primary data in this study is a member of the legislative representatives of the Chinese community, Chinese people, community leaders and members of the Commission, the secondary data taken from any books , newspapers and other documents, the authors do critique source consisting of external criticism and internal criticism, the three researchers to interpret, fourth historiography.The results in this study explained that the role of the Chinese community as a member of the legislature in Batam years 1999-2009, the first legislative function is set statutorily in the form of local regulations (Perda), the second control function or supervise the activities of local government in implementing legislation has been agreed , of these control functions legislators have the right to ask questions, interpellation, questionnaires and motions, the three other functions related to the budget or APBD that has been agreed with the local governments when the plenary session.  Keywords: legislative member, chinese societyLatar belakang penelitian ini adalah terjadinya peningkatan jumlah anggota DPRD Kota Batam dari warga Tionghoa, dimana pada pemilu tahun 1999 terdapat dua orang yang lolos menjadi anggota DPRD Kota Batam dan  pada pemilu tahun 2004 mengalami peningkatan menjadi empat orang. Hal ini tentunya tidak terlepas dari peran mereka selama duduk di legislatif sebagai wakil rakyat. Penelitian ini bertujuan untuk menjelaskan peran warga Tionghoa yang duduk menjadi anggota legislatif di Kota Batam tahun 1999-2009.Jenis penelitian ini adalah penelitian kualitatif historis dengan pendekatan ilmu politik.Adapunlangkah-langkah penelitian historis meliputi: pertama heuristik, di dalamnya terdapat dua sumber data yaitu data primer dan data sekunder, data primer dalam penelitian ini adalah anggota legislatif dari perwakilan masyarakat Tionghoa, masyarakat keturunan Tionghoa, tokoh masyarakat dan anggota KPU, data sekunder diambil dari buku-buku, koran dan dokumen lainnya.Kedua, kritik sumber yang terdiri dari kritik ekstern dan kritik intern.Ketiga, interpretasi dan keempat, historiografi.Hasil dalam penelitian ini menjelaskan bahwa peranan warga Tionghoa sebagai anggota legislatif di Kota Batam tahun 1999-2009,  pertama fungsi legislasi yaitu mengatur undang-undang dalam bentuk peraturan daerah (Perda), kedua fungsi kontrol atau mengawasi kegiatan pemerintah daerah dalam menjalankan Perda yang telah disepakati, dari fungsi kontrol ini anggota DPRD memiliki hak untuk bertanya, interpelasi, angket dan mosi, ketiga fungsi lainnya yang berkaitan dengan anggaran atau APBD yang telah disepakati bersama pemerintah daerah saat sidang paripurna. Bermainnya peran-peran  tersebut dengan baik, semakin menambah nilai kepercayaan warga Tionghoa  memilih dari kalangan mereka untuk pemilu selanjutnya. Kata Kunci: anggota legislatif, masyarakat tionghoa, kota batam  

The Right to Political Participation in Sub-Saharan Africa

2019 ◽  
Vol 8 (2) ◽  
pp. 128-161
Author(s):  
Christof Heyns ◽  
Charles Fombad ◽  
Pansy Tlakula ◽  
Jimmy Kainja
Keyword(s):  
Political Participation ◽  
Freedom Of Expression ◽  
Sub Saharan Africa ◽  
Political Rights ◽  
Political Systems ◽  
International Treaties ◽  
The People ◽  
Sub Saharan ◽  
The Right

The effective realisation of the right to political participation is essential for the legitimacy of political systems and for enabling the people to shape, and assume responsibility for, their lives. Although the right to political participation is recognised in article 25 of the International Covenant on Civil and Political Rights as well as in other international treaties, its realisation in practice is often partial, it depends on the extent to which numerous interrelated rights, such as those to freedom of expression, access to information and peaceful protest, have been secured. Focusing on sub-Saharan Africa, this article examines the right to political participation as set out in national constitutions and in the instruments of the United Nations, the African Union and sub-regional bodies. It also considers the role of social media in this context. The article concludes by suggesting how this crucial right could be implemented more effectively in Africa.

scholarly journals The right to medical care and its economic consequences: an American dilemma

1972 ◽  
Vol 6 (4) ◽  
pp. 317-327
Author(s):  
José Duarte de Araújo
Keyword(s):  
United States ◽  
Health Care ◽  
United States Of America ◽  
The United States ◽  
Right To Health ◽  
Economic Consequences ◽  
Right To Health Care ◽  
Modern Times ◽  
The Right

The concepts of "rights" and of "right to health care" including its evolution in modern times are discussed. The consequences of implementing this right are discussed in economic terms, regarding the situation in the United States of America. A discussion is also included on the limitations of the role of Health Insurance as a measure to solve the problem of providing health care for all individuals.

Sickness and Healing

2020 ◽  
pp. 402-417
Author(s):  
Peregrine Horden
Keyword(s):  
Case Studies ◽  
Middle Ages ◽  
Twelfth Century ◽  
Late Antiquity ◽  
The Individual

How should a medieval monk behave when sick? Must submission to divine test or judgement be the only response, or is resort to secular as well as spiritual medicine allowed? What is the role of the infirmary in a monastery and, for the individual monk, what are the benefits and disadvantages of staying in it? The chapter traces medieval answers to such questions through case studies drawn from the earliest phase of monasticism in late antiquity, from Carolingian Europe, from the twelfth century, and from the later Middle Ages, concluding with an outline of a set of topics for further research.

Italian Fables in Verse

PMLA ◽  
1906 ◽  
Vol 21 (1) ◽  
pp. 226-278
Author(s):  
Kenneth McKenzie
Keyword(s):  
Fifteenth Century ◽  
Middle Ages ◽  
Twelfth Century ◽  
Oral Tradition ◽  
Classical Antiquity ◽  
Folk Tales ◽  
The People ◽  
Medieval Europe ◽  
Four Books ◽  
The Middle Ages

Before the revival of Greek learning in the fifteenth century, the Æsopic fables of classical antiquity were known in Europe through Latin collections derived from Phædrus. Two of these collections were particularly well known; one which goes under the name of Romulus, written in prose in the tenth century; and a metrical version of the larger part of Romulus, written in the twelfth century. This metrical collection, called in the Middle Ages Esopus, is now ascribed to Walter of England, but is often called Anonymus Neveleti. Another metrical version of Romulus was made a little later by Alexander Neckam, and the fables of Avianus, also, were known to some extent. These collections, with numerous recensions and derivatives in Latin, and translations into many different languages, form a body of written fable-literature whose development can for the most part be clearly traced. At the same time, beast-fables were extensively employed in school and pulpit, and were continually repeated for entertainment as well as for instruction. Thus there was current all over Europe a great mass of fable-literature in oral tradition. The oral versions came in part from the written fable-books; others originated as folk-tales in medieval Europe; others had descended orally from ancient Greece, or had been brought from the Orient. Many are still current among the people in all parts of Europe, and beyond. From this mass of traditional material, heterogeneous collections of popular stories, including beast-fables, were reduced to writing in Latin and in other languages. An example of this process is found in the Esope of Marie de France, the earliest known fable-book in a modern vernacular, which was translated into French in the twelfth century from an English work which is now lost. Forty of Marie's fables, less than two-fifths of the whole number, came from a recension of the original Romulus called Romulus Nilantii; the others from popular stories of various kinds. Similarly, the important Æsop of Heinrich Steinhöwel contains the Romulus fables in four books, followed by seventeen fables called Extravagantes, others from the recently published Latin version of the Greek fables, from Avianus, from the Disciplina Clericalis of Petrus Alphonsus, and from Poggio,—in all, nine books, printed in Latin with a German translation about 1480, and speedily translated into many languages (including English, by Caxton in 1484, from the French version). The Extravagantes, like other collections, and like the episodes of the beast-epic (little known in Italy), came from popular tradition. Many writers show by incidental references that they were familiar with fables, although they may not have regarded them as worthy of serious attention,—writers like Dante, and his commentator Benvenuto da Imola. Moreover, the animal-lore of the bestiaries and of works like the Fiore di Virtù is closely akin to that of the fables. It is evident, then, that the collections descended from Phædrus, important though they were, represented but a fraction of the fable-literature that was current in the Middle Ages.

Theories of Majority Rule

1932 ◽  
Vol 26 (3) ◽  
pp. 452-469 ◽  
Author(s):  
John Gilbert Heinberg
Keyword(s):  
Canon Law ◽  
Majority Rule ◽  
Greek City ◽  
External Resources ◽  
The People ◽  
Long Run ◽  
The Rich ◽  
City States ◽  
The Right ◽  
Do So

The term “majority rule” is as impossible to escape as it is apparently difficult to define with precision. Aristotle generally employed it to designate the conduct of government by the poor citizens, who were more numerous than the rich, in the Greek city states. In canon law, it meant the verdict of the maior and sanior pars of a small group. Frederic Harrison wrote about the “rule” of the “effective majority”—that section of any community or social aggregate, which, for the matter in hand, practically outweighs the remainder. He explains that it may do so “by virtue of its preponderance in numbers, or in influence, or in force of conviction, or in external resources, or in many other ways.” Sir George Cornewall Lewis thought that where the ultimate decision is vested in a body there is no alternative other than to count numbers, and to abide by the opinion of a majority. But in alleging that “no historian, in discussing the justice or propriety of any decision of a legislative body, or of a court of justice, thinks of defending the decision of the majority by saying that it was the decision of the majority,” he did not anticipate the view of the English historian Hearnshaw. According to the latter, “The faith of a democrat requires him to believe that in the long run the majority of the people finds its way to the truth, and that in the long run it tries to do the right.”

scholarly journals The Positive Role of Shame for Post-exilic Returnees in Ezra/Nehemiah

2020 ◽  
Vol 33 (2) ◽  
Author(s):  
Bin Kang
Keyword(s):  
Social Control ◽  
Positive Role ◽  
People Of God ◽  
Modern Culture ◽  
The People ◽  
The Right ◽  
The Temple

ABSTRACT While shame is often cast in a negative light as a response accompanied by destructive forces in modern culture, this article examines a different phenomenon and argues that shame plays an important positive role for post-exilic returnees in Ezra/Nehemiah. Shame can be progressive and edifying if it is oriented in the right direction. This article surveys key shame terms in Ezra/Nehemiah by examining בושׁ I in Ezra 8:22, בושׁ I and כלם in Ezra 9:6-7, חרפה in Neh 1:3; 2:17 and בוזה in Neh 3:36 (Eng. 4:4) for their semantics and concludes that shame plays a positive role in social control for the post-exilic returnees. Shame, in each of these cases, motivated the people of God not for bad but for good; it contributed to the rebuilding of the temple of the Lord, the rebuilding of the wall, and the restoration of a holy people to the Lord in the midst of fierce opposition. Keywords: Shame; Positive role; Disgrace; Reproach; Contempt; Exile; Returnees; Holy Seed; Rebuilding; Ezra; Nehemiah

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