Marriage Law and Family Organization in Ancient Athens: A Study on the Interrelation of Public and Private Law in the Greek City

Traditio ◽  
1944 ◽  
Vol 2 ◽  
pp. 43-95 ◽  
Author(s):  
Hans Julius Wolff
Keyword(s):  
Legal System ◽  
Roman Law ◽  
Legal Systems ◽  
Public And Private ◽  
Greek City ◽  
Family Organization ◽  
Ancient Athens ◽  
The Relationship ◽  
Marital Union ◽  
Made In

In an article published in 1927, Herbert Meyer showed that the Germanic legal system possessed from an early epoch, perhaps from its very beginning, in the form offriedelehea type of marital union which was characterized by the legal equality of husband and wife, in contrast with themuntehein which the wife was legally subject to her husband. This important discovery implied that the distinction made in Roman law between marriage withmanusand “free marriage” no longer stood alone. In fact the coexistence, in many known legal systems, of several types of marital relation—differing from one another in their effect upon the relationship between the wife, her husband and his family—may now be considered as established. The theory was first proposed by Meyer himself, who called attention to similar phenomena in a number of legal systems, Indo-European as well as non-Indo-European, in addition to the Roman and the Germanic; and it was later extended by Koschaker in his broad investigation into the “Eheformen bei den Indogermanen.”

A Comparative Overview of the Fair Wear and Tear Exception: the Duty of Holders of Temporary Interests to Preserve Property

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina
Keyword(s):  
Common Core ◽  
Complete Solution ◽  
Roman Law ◽  
Private Ownership ◽  
Legal Systems ◽  
Personal Rights ◽  
Wear And Tear ◽  
Long Life ◽  
The Law ◽  
The Relationship

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.

scholarly journals Kilka uwag o responsywności prawa podatkowego na przykładzie urzędowych interpretacji prawa podatkowego

2019 ◽  
Author(s):  
Jarosław Kola ◽  
Przemysław Pest
Keyword(s):  
Social Relationships ◽  
Legal System ◽  
Law And Society ◽  
Tax Law ◽  
Tax Administration ◽  
Legal Systems ◽  
Basic Functions ◽  
Three Stages ◽  
The Concept Of Law ◽  
The Relationship

The article is an attempt to look at the development of Polish tax law through the prism of the concept of law development proposed by Ph. Selznick and Ph. Nonet. In the study Law and Society in Transition. Towards Responsive Law they distinguished three stages of evolution of legal systems: repressive, autonomous and responsive. The focus of the article is on the institution of the official interpretation of tax law, because an analysis of the transformation of the legal system allows to capture trends that are present in the development of its individual institutions as well as social relationships among its recipients. By indicating the evolution of official in terpretations of tax law in its two basic functions – those of informing and those of guaranteeing (protective) – the authors point to a wider context of the development of tax law to show whether and how changes in the normative regulation of official interpretations of tax law may affect the shape of the relationship between a tax payer and tax administration, where the perspective of the analysis of demand is the responsiveness of law. An analysis of the regulation of an official interpretation of tax law leads to the conclusion that due to the assigned ratio legis this interpretation must characterise them as corresponding mainly to the autonomous model. At the same time a responsive model of law does not undermine the autonomous model attributes. Thus if we were to accept that the provision of interpretation corresponds to the autonomous model, it would not be possible to note that it also has attributes that make it a responsive model. Irrespective of the fact that there is no element of negotiation, it is based on the interaction between the taxpayer and the tax administration. As part of this interaction, tax administration responds to the reported social need in terms of the ambiguity of law, which de iure – not least because of the possibility of bringing an action against the content of interpretation – takes place in the framework of a communication situation that is free from external coercion.

Introduction

2021 ◽  
pp. 1-44
Author(s):  
Aaron J. Kachuck
Keyword(s):  
Literary Criticism ◽  
Roman Law ◽  
Roman Religion ◽  
Public And Private ◽  
Literature And Philosophy ◽  
Ancient Society ◽  
Roman Culture ◽  
History Of ◽  
The Individual ◽  
The Relationship

This Introduction presents a study of Latin vocabulary for solitude as background for replacing bipartite divisions of Roman life (e.g., otium and negotium, “public” and “private”) with a tripartite model comprising public, private, and solitary spheres. It outlines this model’s applicability to Greek literature and philosophy, Roman religion, and Roman law, leading to a discussion of the Roman bedroom (cubiculum) and the solitary reading and writing to which it could be home. Reviewing the history of scholarship on Roman society, religion, and literature from antiquity through the present, it demonstrates how and why solitude has been written out of the study of Roman culture, and how the problem of solitude relates to the question of the individual in ancient society. Finally, it explores the relationship of literature to Rome’s solitary sphere in the age of Virgil, addressing problems of periodization, the relationship between literary criticism, philosophy, and literary production.

scholarly journals "Slave labour" and locatio conductio in Ancient Rome

Impact ◽  
2020 ◽  
Vol 2020 (9) ◽  
pp. 69-71
Author(s):  
Mariko Igimi
Keyword(s):  
Legal Issues ◽  
Roman Law ◽  
Ancient Rome ◽  
Legal Systems ◽  
The Relationship

Professor Mariko Igimi believes that there are important lessons that can be learned from exploring Roman law. Based at Kyushu University, Japan, Igimi is researching Roman law and the important retrospective lessons it has for modern legal systems and society. In particular, she is interested in slave labour in ancient Rome and exploring the relationship between Roman slaves and their owners. She believes discoveries from this research can be applied to modern law, specifically the relationship between employers and employees in Japan, as well as AI-related legal issues.

scholarly journals Correlation of International and Domestic Law: Procedural and Legal Problems

2021 ◽  
Vol 3 (3) ◽  
pp. 189-205
Author(s):  
Alexandr D. Magdenko ◽  
◽  
Alexandr Yu. Tomilov
Keyword(s):  
Public Relations ◽  
International Law ◽  
Civil Procedure ◽  
Constitutional Court ◽  
Legal Systems ◽  
Public And Private ◽  
Main Research ◽  
The Impact ◽  
The Relationship ◽  
Domestic Law

Introduction. Despite the multiplicity of works on the relationship between international and domestic law, this problem remains relevant, since due to changes in public relations, the understanding of the functioning of the rules of law changes. This concerns the problem of the influence of international law on the process of changes in civil procedure legislation. This issue also complicates the active phenomena of the globalisation of public relations, and the requirement of unification of legal relations, both in the public and private legal spheres. National communities have an interest in this. At the same time, the processes of borrowing and unification under the influence of international law in the civil procedure sphere have their own distinctive feature. They always give priority to national legal systems, which does not exclude, (due to the intensive convergence of different communities), the manifestation of elements of borrowing from the norms of international law. Theoretical BasIs. Methods. The main research methods are comparative legal and historical. The study analyses the relationship between international and national law in the framework of civil procedure relations, taking into account the effect of globalisation. Results. An analysis of the current nature of the relationship between international and domestic law allows us to conclude that the globalisation processes contribute to the convergence of these two legal systems. The modern interpretation of the Constitution in the light of the legal positions of the Constitutional Court marked a departure from the traditional Russian dualistic understanding of the problem of the relationship between international and domestic law in the direction of moderate monism. Discussion and Conclusion. The analysis of the impact of globalisation processes on the mechanism of implementation of international law in the field of civil procedure legislation is carried out. The obtained results and conclusions allow us to determine the features and nature of the current relationship between international law and national law in the framework of civil procedure relations.

Legally Marginalised Groups—The Empire

2016 ◽  
Author(s):  
Tristan S. Taylor
Keyword(s):  
Legal System ◽  
Roman Law ◽  
Legal Systems ◽  
Preferential Treatment ◽  
Marginalised Groups ◽  
Wide Range

Until the mass citizenship grant of 212 CE, Roman law served Roman citizens almost exclusively. However, since the non-Romans’ legal systems generally sufficed, this marginalised status regarding Roman law was generally of little importance. Within the Roman citizen body, the Roman legal system marginalised many because of its expense and preferential treatment of the wealthy. In addition the culture, but not the legal system, through infamia marginalised some for what they did and the kind of person they were. While marginalised in modern eyes, Roman law treated women, freedmen, children and slaves as important participants in a wide range of societal functions, giving them specific abilities as well as disabilities. The most severe legal marginalisation occurred as the laws systematically and increasingly marginalised the humble citizens (humiliores) and evermore favoured the elite (honestiores). The system also treated outlaws, magicians, some cults and, later, Christians as outside the law’s Pale.

To Perfect Environmental Legal System and Supervisory Mechanism, to Strengthen Sense of Social Responsibility in Enterprises - A Brief Discussion of the Relationship between Environmental Protection and Economic Development in Enterprises of Large and Medium-Sized Cities and the Strategies

2012 ◽  
Vol 524-527 ◽  
pp. 3294-3297
Author(s):  
Cong Li Xiao ◽  
Na Li ◽  
Xin Li
Keyword(s):  
Economic Development ◽  
Social Responsibility ◽  
Environmental Pollution ◽  
Environmental Protection ◽  
Legal System ◽  
Ecological Environment ◽  
Harmonious Development ◽  
Realistic Choice ◽  
The Relationship ◽  
Made In

Harmonious development of environmental protection and economy is a realistic choice made in specific national situation for economic development and environmental protection. It has some kind of complexity. However, large and medium-sized cities develop very fast and the problem of environmental pollution becomes more and more obvious. Thus, how to effectively coordinate the paradox between economic development and environmental protection in large and medium-sized cities and achieve the good cyclic double-win between economic development and ecological environment are the main contents of this paper.

scholarly journals THE CONCEPT OF RELEVANT CONDITIONS IN THE MECHANISM OF FUNCTION OF THE PRINCIPLES OF THE CLOSEST CONNECTION

2021 ◽  
pp. 130-136
Author(s):  
V. Pavlovsky
Keyword(s):  
Legal System ◽  
Necessary Condition ◽  
Private International Law ◽  
Legal Systems ◽  
Scientific Methods ◽  
Applicable Law ◽  
International Private Law ◽  
World Economic ◽  
General Scientific ◽  
The Relationship

At the present stage of the development of international private law, the intensity of world economic turnover requires a deliberate approach to law enforcement, each legal dispute requires an individual analytical approach from the law enforcer, moving away from the concept of averaged collision dogma has led science and practice to understanding new methodological approaches to finding the relevant, most close legal solution with the actual composition of the relationship. In this paper, on the basis of general scientific methods, as well as using methods of legal modeling, the author tried to substantiate the concept of applying the criterion of the closest connection in legal systems, using the necessary condition of public imperatives that fill the legislative body of Romance jurisdiction. When following the concept of relevance, the criterion of the closest connection can fully realize its potential as a basic principle of private international law. It has been established that there is a conceptual similarity in the impossibility of overcoming the imperative requirements of legislation in the studied legal systems. The author suggested that the legal system as a unit of a normative array can compete by imperative prescriptions with another legal system when establishing the applicable law, the degree of competition shows relevance, being an epistemological unit. The presence of the relevance property in the clause on public order is indicated.

Kofin Al Midat S'dom: Jewish Law's Concept of Abuse of Rights

1980 ◽  
Vol 15 (1) ◽  
pp. 49-78 ◽  
Author(s):  
Shmuel Shilo
Keyword(s):  
Legal System ◽  
Jewish Law ◽  
Legal Systems ◽  
Legal Rules ◽  
The Right To Privacy ◽  
System A ◽  
Legal Principle ◽  
Scope Of Application ◽  
The Right ◽  
Made In

The Jewish legal system's concept ofKofin al midat S'dom(kofin, in this essay) is a rule of equity whose scope of application is almost without parallel in other legal systems. Strict translation of this phrase, which is “one is compelled not to act in the manner of Sodom” is not very helpful. The rule is interpreted to mean that if A has a legal right and the infringement of such right by B will cause no loss to A but will remove some harm from, or bring a benefit to B, then the infringement of A's right will be allowed. Such a concept at once brings to mind the modern view concerning abuse of rights. There is, in fact, much in common between the two principles but they are certainly not the same. According to one legal system a certain given fact situation can have the legal principle of abuse of rights applied to it, while in another legal system a different rule of law would be resorted to. To illustrate: In certain jurisdictions the right to privacy is based on the concept of abuse of rights, while in others, as is the case in Jewish law, such a right is independent of the equivalent abuse of rights—kofin. So with other rights such as the right to light or unfair trade competition. An attempt will be made in this essay to show the range and the limits of thekofinprinciple. We will discuss those problems which are dealt with within the framework ofkofineven if their non-Jewish parallel is one which is far from the concept of abuse of rights. Conversely, we will not examine those questions which, in other legal systems, fall within the ambit of abuse of rights but are not looked upon, in Jewish law, as problems to which the rule ofkofinis to be applied, since they have been solved by other legal rules.

Customary and Statutory Law in Rome

1973 ◽  
Vol 8 (1) ◽  
pp. 23-31
Author(s):  
Giovanni Pugliese
Keyword(s):  
Legal System ◽  
Roman History ◽  
Roman Law ◽  
Legal Systems ◽  
The Social ◽  
Statutory Law ◽  
The Creation

It is a truism to say that the characteristics of a legal system, in the social and political not less than in the technical field, depend mainly on the nature of its sources of law. If we confine our attention to Roman law, we may state that its achievements, as well as its failures were the consequence of the ways by which it was formed and developed throughout its long history.The importance of this statement is enhanced by the fact that the Roman attitude to sources of law was apparently different from that of most ancient and modern legal systems. In particular, customary rules are said to have had a greater part in the creation and development of Roman law than of other legal systems. It would be misleading, however, to presume that the sources of Roman law, and the role of custom among them, remained unchanged during the course of Roman history.Accordingly, at the very outset two points emerge, which merit discussion: (1) What was the part of customary rules and statutes in the creation and development of Roman law; (2) Whether, or how far, their relation changed from one period to another.

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