II. Benefice and Vassalage in the Age of Charlemagne

1939 ◽  
Vol 6 (2) ◽  
pp. 147-175 ◽  
Author(s):  
F. L. Ganshof

A Number of important studies have been published in recent years on the subject of benefice and vassalage during the early Middle Ages, and it may consequently be worth while to re-examine some of the problems raised by the origin and early development of these two institutions. I have dealt elsewhere with, the circumstances which tended towards their union early in the eighth, century, under the early Carolingians, In this article I hope to indicate at least the principal features of the history of benefice and vassalage during the reign of Charlemagne. The Influence which Charles exercised on the public and private institutions of the Frankish state was so definite and far-reaching as fully to justify the limitation of the subject-matter of my inquiry to the space of a single reign. Unfortunately the lack of adequate sources, though less serious than for the preceding period, renders the task of tracing their history a somewhat difficult one. Although the capitularies contain a relatively large number of provisions that deal specifically with these institutions, we have very little information as to how they worked in practice. The narrative sources, with the exception of two or three texts, tell us little or nothing. We have to fall back on the evidence of charters, though even these only rarely, when dealing with a dispute or legal proceeding, throw some light on the subject. This is what we might in any case expect, for the essential feature of the entry of a person into vassalage or of the gift of a benefice was the oral act, and not any embodiment of it in writing.

Author(s):  
Daniel Levy

Hugo Chavez's clash with Venezuelan higher education is a vivid present-day example of a history of confrontation between leftist, populist regimes and higher education in Latin America. Chavez has transformed the public sector through creation and expansion of new universities. Chavez's policies have alienated the country's private institutions of higher education. Both public and private universities are reduced in importance.


2016 ◽  
Vol 1 (35) ◽  
Author(s):  
Bianca Goulart dos Santos ◽  
Marcelo Schenk Duque

Análise das ações afirmativas relativas à educação inclusiva no ensino do autista: a necessidade de monitor em sala de aulaAnalysis of the affirmative actions on the inclusive education of autists: the requirement of a monitor in the classroom Bianca Goulart dos Santos[1]Marcelo Schenk Duque[2] RESUMO: O estudo dedica-se a analise constitucional dos preceitos das ações afirmativas que envolvem a educação inclusiva do autista. Dá-se ênfase à necessidade do aluno autista em ter um monitor em sala de aula e consequências jurídicas decorrentes, diante das necessidades educacionais especiais. O trabalho explora o aspecto multidisciplinar do conceito e das particularidades do autismo a fim de delimitar os aspectos constitucionais do tema e a atuação do operador do direito em face das ações afirmativas. A partir desses conceitos, interpreta-se a legislação infraconstitucional e sua aplicação perante as instituições de ensino público e privado. Por fim, enfrenta-se o debate perante o Supremo Tribunal Federal a respeito da educação inclusiva nas escolas privadas. PALAVRAS-CHAVE: Direitos fundamentais. Educação inclusiva. Ações afirmativas. Hermenêutica constitucional. Autismo. Acompanhante especializado. ABSTRACT: The aim of this work is to make a constitutional analysis of the affirmative actions precepts involving the inclusive education of autists. Emphasis is placed on the need of a person responsible for monitoring the autist inside the classroom, as well as its legal consequences. Firstly, the multidisciplinary features of the concept and the particularities of autism are explored. Based on these understandings, legal features about the subject are delimited. Using these concepts as a base, an interpretation of the infraconstitutional legislation is carried out, linked to the public and private institutions.  Finally, the debate on the Supreme Federal Court is faced having as a guide the inclusive education in private schools. KEYWORDS: Fundamental rights. Inclusive education. Affirmative actions. Constitutional hermeneutics. Autism. Classroom monitor.[1] Especialista em Direito Público lato sensu (Universidade de Caxias do Sul – UCS, 2015, em convênio com a Escola Superior de Magistratura Federal do Rio Grande do Sul – ESMAFE-RS). Graduada em Direito (Pontifícia Universidade Católica do Rio Grande do Sul – PUCRS, 2015). Advogada.[2] Professor da Especialização em Direito do Estado da Universidade Federal do Rio Grande do Sul, de Direito Público da Escola Superior da Magistratura Federal do Rio Grande do Sul – ESMAFE-RS, do Centro Universitário Ritter dos Reis – UniRITTER, da Faculdade Dom Bosco de Porto Alegre, da Faculdade IDC, da Universidade Regional Integrada do Alto Uruguai e das Missões, da Escola Superior de Advocacia da OAB e do curso de especialização em Direito do Estado da Universidade Federal do Rio Grande do Sul – UFRGS. Doutor em Direito do Estado (Universidade Federal do Rio Grande do Sul – UFRGS, com período sanduíche na Ruprecht-Karls-Universität Heidelberg, Alemanha). Graduado em Direito e em Engenharia Química (Pontifícia Universidade Católica do Rio Grande do Sul – PUCRS).


Istoriya ◽  
2021 ◽  
Vol 12 (9 (107)) ◽  
pp. 0
Author(s):  
Irina Variash

The article discusses the issue of the so-called segregation norms against Muslims that emerged in the fourteenth century in Christian Law. The author analyzes source material relating to the history of the Crown of Aragon and raises the following question: is it possible to trace any connection between the urban environment and those social strategies that were applied to the infidels in the Middle Ages? Such research optics makes it possible to distinguish several types of segregation laws, some of which were a product of the urban environment and urban culture, which is substantiated by the author on the basis of the royal ordonnances, capitulae of the Valencian Cortes, Fuero of Valencia. The author discusses new legal norms that contradicted the early privileges for Muslims (12th — 13th centuries) and regulated Muslims’ appearance (a distinctive sign on clothes, a special hairstyle), their right to live together or next to Christians, their work on Sundays and Christian holidays, and also prohibited the public call to prayer. Paradoxically, these norms, being aimed at restricting the rights of the infidels (i.e. the Others), were formulated under the influence of the urban environment, in a settlement that was heterogeneous in its genesis and diverse in its nature. The Iberian-Latin civilization, which accumulated the human capital of the Muslim civilization in the course of the Reconquista, began to change its own social strategies in the management of Muslims in the fourteenth century. The experience of the cities was crucial in this process.


Traditio ◽  
1995 ◽  
Vol 50 ◽  
pp. 334-341
Author(s):  
J. N. Hillgarth

In my view it will not be possible to write the detailed history of the Jewish community in Majorca until a great deal more preliminary work has been done on the sources for that history. The following sketch of the subject is limited to the period before 1500, and, except for some references to conversos, to the time before 1391. It seems best to begin with a brief discussion of the context within which the Jewish community of Majorca emerged in the later Middle Ages and of the historical background which gave it its peculiar importance.


Author(s):  
Luigi Capogrossi Colognesi

This chapter gives a rapid overview of the history of Roman public and private institutions, from their early beginning in the semi-legendary age of the kings to the later developments of the Imperial age. A turning point has been the passage from the kingdom to the republic and the new foundation of citizenship on family wealth, instead of the exclusiveness of clan and lineages. But still more important has been the approval of the written legislation of the XII Tables giving to all citizens a sufficient knowledge of the Roman legal body of consuetudinary laws. From that moment, Roman citizenship was identified with personal freedom and the rule of law. Following political and military success, between the end of IV and the first half of III century bce Rome was capable of imposing herself as the central power in Italy and the western Mediterranean. From that moment Roman hegemony was exercised on a growing number of cities and local populations, organized in the form of Roman of Latin colonies or as Roman municipia. Only in the last century bce were these different statutes unified with the grant of Roman citizenship to all Italians. In this same period the Roman civil law, which was applied to private litigants by the Roman praetors, had become a very complex and sophisticated system of rules. With the empire the system did not change abruptly, although the Princeps did concentrate in his hands the last power of the judiciary and became the unique source of new legislation. In that way, for the first time, the Roman legal system was founded on rational and coherent schemes, becoming a model, which Antiquity transmitted to the late medieval Europe.


2018 ◽  
Vol 11 (3) ◽  
pp. 232-244
Author(s):  
Kyungmoo Heo ◽  
Yongseok Seo

Public interests in coming futures of Korea continue to be increasing. Fears on uncertainties and pending challenges as well as demands on a new but Korea-own development model trigger a quantitative increase of futures research and relevant organizations in both public and private. The objective of this paper is to review history of futures studies and national development plan and strategy linked with foresight along with its challenges and recommendations. This paper identifies drawbacks and limits of Korea foresight such as misapplication of foresight as a strategic planning tool for modernization and economic development and its heavy reliance on government-led mid- and long-term planning. As a recommendation, an implementation of participatory and community-based foresight is introduced as a foundation for futures studies in Korea. A newly established research institute, the National Assembly Futures Institute, has to be an institutional passage to deliver opinions of the public, a capacity-building platform to increase the citizen’s futures literacy, and a cooperative venue for facilitating a participation and dialogue between politicians, government officials, and researchers.


2021 ◽  
Vol 25 (4) ◽  
pp. 352-365
Author(s):  
Evgeny I. Zelenev ◽  
Milana Iliushina

This article is devoted to the study of the development of the theory and practice of jihad during the rule of the Circassian sultans in Egypt and Syria (1382–1517). The purpose of the study is to trace the development of key aspects of jihad, to identify features of its perception in the Mamluk state. An essential feature of the theory of jihad in the Mamluk period is the interpretation of jihad as farḍ al-ʿayn (the individual duty of every Muslim). While studying the theory of jihad, the authors rely on a holistic and balanced approach justified in the papers of M. Bonner and D. Cook and their interpretation of the concept of jihad, which has a centuries-old history of development and a sophisticated, multi-layered set of meanings. Another methodological basis of the present paper was the concept of minimalism and maximalism, developed by Yusef Waghid. The source base for the study of jihad theory is the works of Ibn al-Nahhas (d. 1411), a prominent philosopher of the Mamluk era. The interpretation of jihad as an individual duty of every Muslim, substantiated by Ibn al-Nahhas, was the foundation of the volunteer movement that developed in Egypt and Syria in the 15th century. The doctrine of jihad where the concepts of justice (al-‘adl) and truth (al-ḥaqq) play a key role, was used by the Mamluks and then by the Ottomans as a powerful ideological tool to manipulate the minds of Muslims. The relevance of the study is that the findings are not only true for the Middle Ages but are directly related to the present.


2021 ◽  

This Handbook tells the story in 25 chapters of how Japan’s HE system has become what it is now, ending with a very tentative glimpse into the rest of the 21st century. A variety of themes are covered by scholars—both established, senior figures and younger researchers with their own fresh look at current circumstances. Chapters that concentrate on governance look at the distinction between "national," "public," and "private" institutions; others consider important topics such as internationalization, student recruitment, faculty mobility. More innovative topics include "Women of Color Leading in Japanese Higher Education." All provide copious references to other authorities, but rather than just toe the conventional line they include opinions and proposals that may be contentious or even revolutionary. The editor provides an overview of the subject and its treatment in an Introduction. -- Rights Statement: Amsterdam University Press has exclusive rights to sell the print Handbook in all territories excluding Japan, Taiwan and Korea. --


Author(s):  
Donald Cohen

This chapter focuses on the right wing's astonishingly successful efforts to privatize public goods and services. Privatization has been one of the highest priorities of the right wing for many years, and the chapter shows how it threatens both labor and democracy. Intentionally blurring the lines between public and private institutions, private companies and market forces undermine the common good. This chapter documents the history of privatization in the United States, from President Reagan's early efforts to Clinton and Gore's belief in private markets. Showing how privatization undermines democratic government, the chapter describes complex contracts that are difficult to understand, poorly negotiated “public–private partnership” deals, and contracts that provide incentives to deny public services. With huge amounts of money at stake, privateers are increasingly weighing in on policy debates—not based on the public interest but rather in pursuit of avenues that increase their revenues, profits, and market share. Privatization not only destroys union jobs but also aims to cripple union political involvement so that the corporate agenda can spread unfettered. Nevertheless, community-based battles against privatization have succeeded in many localities, demonstrating the power of fighting back to defend public services, public jobs, and democratic processes.


Author(s):  
Cass R. Sunstein

It is important to distinguish between two kinds of transparency. The government can be transparent about its “inputs”: about who, within government, said what to whom, and when, and why. The government can also be transparent about its “outputs”: its regulations and its policies, its findings about air and water quality, or its analysis of the costs and benefits of drone strikes. The argument for output transparency is often very strong, because members of the public can receive information that can help them in their daily lives and because output transparency can improve the performance of both public and private institutions. The argument for input transparency is different and often weaker, because the benefits of disclosure can be low and the costs can be high. It is challenging to make general pronouncements about input transparency and the appropriate evaluation of leaks and leakers without making a contestable judgment about whether a particular government is well-functioning and capable of self-correction.


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