Prudentius in the Classroom?

1958 ◽  
Vol 5 (2) ◽  
pp. 192-195
Author(s):  
H. J. W. Tillyard
Keyword(s):  
Early Christian ◽  
The Third ◽  
Lyric Poet ◽  
The Law ◽  
Public Career

Prudentius ranks as the third lyric poet after Horace and Catullus; he is also the greatest of the early Christian poets. In a short poem, which is the prelude to his chief collection, he gives a sketch of his career, but, unlike Ovid, affords only vague indications. At school he was put under a stern master:aetas prima crepantibus flevit sub ferulis.Then, after a stormy youth, he took to the law. Later he entered on a public career and held two high provincial governorships. Afterwards the Emperor (probably Theodosius) brought him to court as his own minister. Finally, when past the age of fifty, with hair already turning white (nix capitis), Prudentius resolved to devote the rest of his life to the praise of the True God.

To Cast the First Stone

2018 ◽  
Author(s):  
Jennifer Knust ◽  
Tommy Wasserman
Keyword(s):  
Gospel Of John ◽  
Oral Tradition ◽  
Third Century ◽  
Original Text ◽  
Early Christian ◽  
The Third ◽  
History Of ◽  
The Law ◽  
Greek East

The story of the woman taken in adultery features a dramatic confrontation between Jesus and the Pharisees over whether the adulteress should be stoned as the law commands. In response, Jesus famously states, “Let him who is without sin be the first to throw a stone at her.” This book traces the history of this provocative story from its first appearance to its enduring presence today. Likely added to the Gospel of John in the third century, the passage is often held up by modern critics as an example of textual corruption by early Christian scribes and editors, yet a judgment of corruption obscures the warm embrace the story actually received. The book traces the story's incorporation into Gospel books, liturgical practices, storytelling, and art, overturning the mistaken perception that it was either peripheral or suppressed, even in the Greek East. It explores the story's many different meanings. Taken as an illustration of the expansiveness of Christ's mercy, the purported superiority of Christians over Jews, the necessity of penance, and more, this vivid episode has invited any number of creative receptions. This history reveals as much about the changing priorities of audiences, scribes, editors, and scholars as it does about an “original” text of John. The book calls attention to significant shifts in Christian book cultures and the enduring impact of oral tradition on the preservation—and destabilization—of scripture.

Humanist Lawyer, Public Career: Thomas More and Conscience

Moreana ◽  
2009 ◽  
Vol 46 (Number 176) (1) ◽  
pp. 77-96
Author(s):  
Travis Curtright
Keyword(s):  
Liberal Arts ◽  
Thomas More ◽  
Fundamental Nature ◽  
Rhetorical Studies ◽  
The Law ◽  
Public Career

Because Thomas More did not introduce grand programs of Utopian policy through new legislation, or modify the fundamental nature of British law with principles of humanist jurisprudence, most scholars regard More as a follower of Cardinal Wolsey’s legal innovations and not much of a reformer himself. This essay will challenge that perception, presenting More as a humanist reformer by examining the importance of equity to humanist legal and rhetorical studies and by showing how More viewed the law as part of the liberal arts.

Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract Law

2018 ◽  
Author(s):  
Chen Lei
Keyword(s):  
Direct Action ◽  
Contract Law ◽  
Third Party ◽  
Chinese Law ◽  
The Third ◽  
Right Of Action ◽  
The Law ◽  
The Third Party ◽  
The Right

This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the debtor is liable to the creditor. The author regards this as leaving unanswered the question of whether the thirdparty has a right of direct action against the debtor. One view regards the third party as having the right to sue for the benefit although this right was ultimately excluded from the law. Another view, supported by the Supreme People’s Court, is that Article 64 does not provide a right of action for a third party and merely prescribes performance in ‘incidental’ third party contracts. The third view is that there is a third party right of action in cases of ‘genuine’ third party contracts but courts are unlikely to recognize a third party action where the contract merely purports to confer a benefit on the third party.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Law and Economics

2020 ◽  
pp. 84-102
Author(s):  
Daniel B. Kelly
Keyword(s):  
Economic Analysis ◽  
First Generation ◽  
Law And Economics ◽  
Private Law ◽  
Foreseeable Future ◽  
Business Associations ◽  
The Third ◽  
Starting Point ◽  
The Law ◽  
The Impact

This chapter analyzes how law and economics influences private law and how (new) private law is influencing law and economics. It focuses on three generation or “waves” within law and economics and how they approach private law. In the first generation, many scholars took the law as a starting point and attempted to use economic insights to explain, justify, or reform legal doctrines, institutions, and structures. In the second generation, the “law” at times became secondary, with more focus on theory and less focus on doctrines, institutions, and structures. But this generation also relied increasingly on empirical analysis. In the third generation, which includes scholars in the New Private Law (NPL), there has been a resurgence of interest in the law and legal institutions. To be sure, NPL scholars analyze the law using various approaches, with some more and some less predisposed to economic analysis. However, economic analysis will continue to be a major force on private law, including the New Private Law, for the foreseeable future. The chapter considers three foundational private law areas: property, contracts, and torts. For each area, it discusses the major ideas that economic analysis has contributed to private law, and surveys contributions of the NPL. The chapter also looks at the impact of law and economics on advanced private law areas, such as business associations, trusts and estates, and intellectual property.

The Judicial Council of the State of New York; Its Objectives, Methods, and Accomnlishments. I

1941 ◽  
Vol 35 (5) ◽  
pp. 933-940
Author(s):  
Leonard S. Saxe
Keyword(s):  
New York ◽  
New York State ◽  
The State ◽  
York State ◽  
The Third ◽  
The Law ◽  
Substantive Law

The Judicial Council and Its Objectives. My assignment is to implement Professor Sunderland's brilliant primer on judicial councils by a more specific presentation utilizing the experiences of the New York State Judicial Council. Of the three elements that enter into a consideration of the judicial branch of government, the first—the substantive law, the law of rights and duties—is not within the province of the judicial council either in New York or elsewhere. The second element—the machinery of justice—is the principal field of the judicial council. If the council does its work well in that field, attention cannot fail to be focused upon the third and most important element—also part of a judicial council's problems—the judicial personnel.

The New Japanese Electoral Law

1926 ◽  
Vol 20 (2) ◽  
pp. 392-395
Author(s):  
Harold S. Quigley
Keyword(s):  
Primary School ◽  
House Of Representatives ◽  
General Election ◽  
School Teachers ◽  
Primary School Teachers ◽  
The Third ◽  
Government Contractors ◽  
The Law ◽  
Electoral Law

A new statute for the election of members of the House of Representatives was promulgated in Japan on May 5, 1925, and will be applicable in the next general election. It is Japan's fourth electoral law, the previous ones having been promulgated in 1889, 1900, and 1919, respectively. All three of the earlier laws based the suffrage upon a tax-paying qualification, the first requiring voters to pay fifteen yen in direct national taxes, the second reducing the required tax to a minimum of ten yen, the third decreasing it still further to three yen. The present law abolishes the tax-paying qualification and provides that all males twenty-five years of age and over, who are not otherwise disqualified, and who do not receive “public or private relief or help for a living, on account of poverty,” shall be entitled to exercise the suffrage. In addition to paupers and vagabonds, there continue to be excluded from the franchise active members of the army and navy, certain classes of civilian officials, women, and the heads of noble houses. Priests, religious teachers, primary school teachers, government contractors, and certain classes of students hitherto unenfranchised now gain the suffrage and may become candidates for election. Under the law of 1889 the franchise was exercisable by 450,000 men, and under that of 1900 by 983,000; the act of 1919 increased the electorate to 2,860,000; while the present law raises it to an estimated total of 12,000,000.

scholarly journals Public and Private Ownership in the Iranian Constitution: Principle 44, A Barrier for Development

2017 ◽  
Vol 10 (4) ◽  
pp. 73
Author(s):  
Ahmad Torabi
Keyword(s):  
Case Studies ◽  
Economic Impacts ◽  
Private Ownership ◽  
Public Ownership ◽  
Public And Private ◽  
The Third ◽  
Public Property ◽  
Legal Challenges ◽  
The Law ◽  
The Government

The Iranian legislator has sought to protect public property and public ownership in the Iranian Constitution in accordance with Islamic principles, terms and procedures. There are a number of principles that have been directly applied to this purpose; however, one principle has had a very significant impact on government domination of the economy of Iran: principle 44. This principle does not directly describe public property; rather, it aims to determine the areas that are under public ownership and are administered by the government. However, the principle has some contradictions and legal challenges in itself. In addition, the supplementary law that has been enacted to provide the areas for the enforcement of principle 44 fails to secure the aims of the legislator. Therefore, this paper analyses legal challenges of the principle, as well as its supplementary law, and gives suggestions to solve the challenges.This paper is divided into four sections. The first section provides an analysis of the principle itself, and its relationship and consistency with other principles of the constitution. In the second section, the Law of Implementation of Principle 44 and the legal challenges that arise from it will be discussed. The third section focuses on the negative economic impacts of this law, as well as case studies of it. Lastly, the paper provides a summary of suggestions to amend this law.

scholarly journals A THEORY OF AGENCY LAW

2011 ◽  
Vol 72 (3) ◽  
Author(s):  
Paula J Dalley
Keyword(s):  
Cost Benefit ◽  
Modern World ◽  
Unified Theory ◽  
Internalization Theory ◽  
Agency Relationship ◽  
The Third ◽  
The Law ◽  
The Cost ◽  
To Receive

Despite the ubiquity of agents in the modern world, agency law does not have a coherent explanation or unified theory. The Restatement (Third) of Agency updates and attempts to explain the law, but its explanations are limited in scope and at times unpersuasive. Like other contemporary commentary on agency law, the Third Restatement draws from contract and tort theory, an approach which ignores the unique features of agency law. Agency law enables principals to act through agents; it also ensures that principals using agents do not thereby escape liability or other consequences of their choices. This paper develops a theory to fit agency law. The "costbenefit internalization theory" is based on the simple premise that the principal, who has chosen to conduct her business through an agent, must bear the foreseeable consequences of that choice. Conversely, as the bearer of the risks, the principal is entitled to receive the benefits created by the agency relationship. The cost-benefit internalization theory explains and illuminates virtually all agency law doctrine.

scholarly journals The partial waiver of the rights and partial invalidation of rights to the invention

2021 ◽  
pp. 51-59
Author(s):  
Petro Borovyk
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
Legal Certainty ◽  
Utility Model ◽  
Patent Owner ◽  
The Third ◽  
Utility Models ◽  
The Law ◽  
State Registration ◽  
The Right

Borovyk P. The partial waiver of the rights and partial invalidation of rights to the invention. In view of changes in the Law of Ukraine «About protection of rights for inventions and utility models» introduced according to the Law No. 816-IX as of 21.07.2020, it is implied that a patent owner can waive rights provided by a state registration of an invention (utility model) fully or partially, and a court can render the rights for the invention (utility model) invalid fully or partially. The partial waiver of the rights or rendering the rights invalid causes a number of issues on a rather frequent basis, in particular, regarding a certain procedure of defining the entire scope of rights according to the patent and a portion of these rights. Since the scope of rights is defined by claims, the partial waiver of the rights or the partial rendering the rights invalid substantially represents a change of the scope of rights, which are defined by the claims as published. The patent may be granted for a group of inventions. In such case, the scope of rights shall be defined by the claims that comprise several independent claims. Here, the partial waiver of the rights for the invention may be carried out by waiving one or several independent claims at the discretion of the patent owner or by rendering one or several independent claims invalid by the court. Therewith, the scope of rights that is defined during conduction of an examination for another invention of the group of inventions, which are mentioned in a single protection document (patent), is not changed. The partial waiver or the partial rendering the rights for the invention invalid for the claims having one independent claim is a more problematic case. A key aspect of this problem is an influence of the proposed amendments of the claims onto the scope of rights for the invention and its correspondence with the requirements for granting a legal protection. More specifically, it is an establishment of a fact of reduction of the scope of rights when introducing the proposed amendments into the independent claim and examination of a new version of the independent claim for compliance with the requirements of patentability. An important aspect also lies in establishment of a balance of interests of the patent owner and third parties. The patent owner will receive a mechanism of implementation of the right for protection of allowable embodiments of the invention, while the third parties will receive a right for a legal certainty by means of an analysis of the scope of rights of the new version of the claims. The article discloses grounds for waiving the rights for the invention and the mechanism for implementation of the waiver under the legislation in force both for the case of the group of inventions and for the partial waiver or the partial rendering the rights for the invention invalid with the claims having one independent claim. Keywords: scope of rights, independent and dependent claims, amendment to claims, proceedings

Sign in / Sign up

Export Citation Format

Share Document