English Noblemen and Their Advisers: Consultation and Collaboration in the Later Middle Ages

1986 ◽  
Vol 25 (2) ◽  
pp. 157-177 ◽  
Author(s):  
Carole Rawcliffe ◽  
Susan Flower
Keyword(s):  
Middle Ages ◽  
Tenth Century ◽  
Deliberative Process ◽  
Ruling Elite ◽  
Medieval Europe ◽  
Alternative Power ◽  
The Government ◽  
The Right ◽  
Ownership Of Land ◽  
Council Of State

In the society of late medieval Europe, where power, wealth, and influence were derived from the ownership of land, the delegation of responsibility by the ruling elite became a matter of financial, administrative, and political necessity. Not only was it physically impossible for a great rentier to oversee personally routine points of organization on his estates, but the overwhelming litigiousness of contemporary life also made it essential for any property owner of note to engage the services of men practiced in the law. Furthermore, regular consultation with leading members of his following played a crucial part in determining the success—or even the survival—of the magnate in question. Just as an astute monarch recognized the importance of the deliberative process, making himself accessible to his ablest and most powerful subjects, so too the great lord had to involve his kinsmen and supporters in questions of policy and politics. In the right hands the seignorial council could, therefore, become a formidable weapon, sometimes even providing an alternative power structure to the government itself. A striking instance of this usurpation of authority is to be found in tenth-century Japan, where the administrative council of the dominant Fujiwara clan effectively superseded the central bureaucracy of the Heian state. Indeed, it was from the chambers of this body (known as the Mandokoro) that the real government of the country was carried out. The old framework was carefully preserved, and the great council of state continued to perform a ceremonial function, but, so far as practical control was concerned, the orders of the Fujiwara advisers took the place of imperial decrees.

scholarly journals STATUS HUKUM TANAH WARGA YANG BERMUKIM DI WILAYAH PESISIR PERBATASAN KABUPATEN NUNUKAN PROVINSI KALIMANTAN UTARA

2018 ◽  
Vol 33 (3) ◽  
pp. 243
Author(s):  
Sulaiman Sulaiman ◽  
Zulvia Makka
Keyword(s):  
Legal Status ◽  
Forest Products ◽  
Land Ownership ◽  
Coastal Areas ◽  
Basic Law ◽  
The Government ◽  
Legal Proof ◽  
The Right ◽  
Ownership Of Land ◽  
Coastal Residents

The province of North Kalimantan is the youngest province in Indonesia, located in the northern part of Kalimantan Island. Northern Kalimantan Province is established based on Law No. 20 of 2012 establishing the Northern Kalimantan Province. Nunukan Regency is one of five districts / cities in the province of North Kalimantan covering an area of ​​14,263.68 km2. Geographically, Nunukan Regency is located in the northernmost region of Kalimantan, which borders directly with a neighboring country, Sabah-Malaysia. The legal status of the land becomes a written proof that is legally recognized. All land rights are recorded in the form of National Land Agency (BPN) certificates. BPN creates duplicates of landowners to avoid future risks, such as: B.: Lost certificates, burned certificates and duplicate certificates. In Indonesia, land ownership status is governed by the Basic Law of Agriculture (UUPA) No. 5 of 1960 on Agricultural Principles. Rural residents living in the Border Coast, especially in the Nunukan Subdistrict, Nunukan Utara district, is the Nunukan Regency, a leased land owned by PT. Inhutani as the de facto landlord (HGU), above the property for PT. Inhutani in the Nunukan district, Nunukan district, Nunukan Utara district stands thousands of buildings owned by both the community and the government, where the majority have no legal proof of domination. The problem in this study is the legal status of the ownership of land in the border coastal areas and the policy of the local government in providing legal solutions to control the use of land in coastal areas. Based on the results that concludes the legal status of the land of coastal residents who live in the region as the right boundary, as the conversion of Hak Guna Usaha (HGU) by PT.Inhutani is used, that researchers know ended Hak Guna Usaha ( HGU) was on the ground since 2009. But it was extended to 2038. While the legal solution for providing legal certainty of the owner of the building in the country of PT. Inhutani receives until the bleaching of the rights building use rights (HGB) to the community, because PT. Inhutani is no longer productive / operates and produces forest products, in Nunukan sub-district, Nunukan Utara village, but only the establishment of settlements and thousands of municipal and state buildings.

scholarly journals PERAN NOTARIS DALAM PEMANFAATAN RUANG BAWAH TANAH UNTUK SARANA JARINGAN UTILITAS TERPADU DI DKI JAKARTA

2022 ◽  
Vol 6 (1) ◽  
Author(s):  
Mohammad Isfan Batubara ◽  
Emmanuel Ariananto Waluyo Adi ◽  
Wirdyaningsih Wirdyaningsih
Keyword(s):  
Government Regulation ◽  
Capital City ◽  
Constitutional Court ◽  
Underground Space ◽  
City Region ◽  
Utility Network ◽  
The Government ◽  
The Right ◽  
Ownership Of Land

Peningkatan bonus demografi di Indonesia menyebabkan jumlah permukaan lahan untuk dimanfaatkan ruangnya dalam menggerakan roda ekonomi semakin sempit. Provinsi Daerah Khusus Ibukota Jakarta yang menjadi pusat bisnis dalam menghadapi masalah keterbatasan lahan perlu memanfaatkan ruang bawah tanah yang ada. Keberadaan ruang bawah tanah pada praktiknya dimanfaatkan untuk sarana jaringan utilitas terpadu agar pemanfaatan lahan menjadi lebih optimal. Sebelum adanya Undang-Undang Nomor 11 Tahun 2020 pemanfaatan ruang bawah tanah tidak diatur secara komprehensif. Kemudian barulah Peraturan Pemerintah No. 18 tahun 2021 menegaskan secara yuridis bahwa terdapat pemisahan secara horizontal antara kepemilikan hak atas tanah di atas permukaan dengan di bawah tanah. Namun dalam penerapan peraturan-peraturan dimaksud masih perlu adanya sosialisasi terus menerus agar tercipta keteraturan pemahaman hukum. Lebih lanjut, dengan adanya Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII/2020 yang menyatakan UUCK inkonstitusional bersyarat diduga dapat memperlambat proses penerapan peraturan baru ini. Bahwa dalam hal ini diperlukan peranan notaris sebagai pejabat pembuat akta tanah yang akan bersinggungan dengan hal-hal dimaksud. Notaris perlu turut andil dalam peran edukasi terkait khususnya pelaksanaanya selama masa pandemi covid-19 saat ini. Penulis menemukan dalam pemanfaatan ruang bawah tanah menggunakan hak guna bangunan dimana untuk pembuatan aktanya dapat diproses oleh notaris.Keyword: Notaris, ruang bawah tanah, jaringan utilitasAbstractThe increase in the demographic bonus in Indonesia causes the amount of land to be used for economic development purposes has its own limitation. The Province of the Special Capital City Region of Jakarta, which is a business center that dealing with the problem of limited land, needs to take advantage of the existing underground space. The existence of underground space is usually utilized for integrated utility network facilities so that land use becomes more optimal. Prior to Law Number 11 of 2020 the use of underground spaces was not comprehensively regulated. Then the Government Regulation No. 18 of 2021 juridically confirms that there is a horizontal separation between ownership of land rights above the surface and below the ground. However, in the application of these regulations, there is still a need for continuous socialization in order to create a regular understanding of the law. Furthermore, with the Constitutional Court Decision Number 91/PUU-XVIII/2020 which states that the UUCK is conditionally unconstitutional, it is suspected that it can slow down the process of implementing this new regulation. That in this case the role of a notary as an official making land deeds is needed which will intersect with the underground utilization. Notaries need to take part in the role of related education, especially its implementation during the current covid-19 pandemic. The author finds that in the use of the basement using the right to use the building where the deed can be processed by a notary.

scholarly journals Treatment of mentally disturbed persons in medieval Serbia

2020 ◽  
Vol 52 (1-2) ◽  
pp. 5-11
Author(s):  
Mirjana Stojković-Ivković
Keyword(s):  
Middle Ages ◽  
Psychiatric Patients ◽  
Folk Medicine ◽  
Important Place ◽  
Lives Of Saints ◽  
Medieval Europe ◽  
Medical Facilities ◽  
Mental Diseases ◽  
The Government ◽  
Foreign Doctors

The treatment of mental health patients in Serbia in the Middle ages was the same as in other European countries. Medicine of that time was based on science, the use of magic rituals and witchcraft was banned. Doctors from Serbia, Byzantium and the national doctors had been educated in Salerno and Montpellier, the most developed centers of medicine. They took the exam in front of the government Medical testimony. The development of medicine was followed in the Hodoloski code which was considered the oldest record of folk medicine and the Hilandar medical code which represented a collection of medieval scientific European medicine and Serbian medicine culture (XII-XV). The first Serbian hospital was established in Hilandar in 1199. The founder was Saint Sava who wrote the rules about the work of the hospital. Actually, it was the practice for all medical facilities that were opened later. We know about mental diseases and healing in Serbia from Lives of Saints in monasteries Zica (from 1207) and Decani (1327) and from the biography of Medieval ruler (king) Stephen of Decani. The illustrations of healing some patients with mental diseases were shown on frescoes and in the lives of saints. In Medieval Serbia, there were 49 foreign doctors working (15 in XIV, 30 in XV and 4 in XVI century) and until Turkish conquest Serbia took a very important place in Medieval Europe. Objective of this paper is to show where psychiatric patients were treated in Medieval Serbia, the way they were treated, who treated them, where the hospitals were and what kind of treatment wereapplied.

scholarly journals Penyelesaian Sengketa Pelepasan Hak Atas Tanah Oleh Pemerintah Dalam Proses Pendaftaran Tanah

2021 ◽  
Vol 8 (2) ◽  
pp. 1-16
Author(s):  
T. Surya Reza
Keyword(s):  
Public Interest ◽  
Land Rights ◽  
Land Registration ◽  
The Public ◽  
Registration Process ◽  
Planning Implementation ◽  
The Government ◽  
The Right ◽  
Ownership Of Land ◽  
To Receive

Article 41 paragraph (2) of Law No. 2 of 2012 on Land Procurement for Development in the Public Interest states that, when granting Compensation of Parties Entitled to receive Mandatory Compensation, a. exercising the release of rights; and b. submit evidence of ownership or ownership of Land Procurement Objects to Agencies that require land through land institutions. In the court's ruling stated that the boundaries of the land should be mentioned and how much extent was waived and the rest how much, and the procedure of disengagement of the right there was preparation, planning, implementation and release, and the release of the land rights was always followed by compensation, because this is an unlawful act. The results of this study show that, the release of land rights by the government in the land registration process in the court's ruling states that if 6 (six) landowners relinquish the right, it must be 6 (six) people who relinquish their rights if only 2 (two) are invalid, then a new land is said to be state land after the release of his rights. Any release of land rights must have a reason there can't be no reason land is being released to the state. The procedure for the release of that right is there is preparation, planning, implementation and release, and the release of the land rights is always followed by compensation.

scholarly journals SUBJECTIVE SIGNS OF THE COMPOSITION OF CRIMES IN THE LAWS OF THE STATES OF MEDIEVAL EUROPE

2017 ◽  
Vol 21 (3) ◽  
pp. 167-175
Author(s):  
B. A. Molchanov ◽  
M. V. Novikov
Keyword(s):  
Middle Ages ◽  
Criminal Law ◽  
Strict Liability ◽  
The State ◽  
Medieval Europe ◽  
The Subject ◽  
The Individual ◽  
The Right ◽  
Criminal Legislation ◽  
The Church

The paper discusses formation and development of criminal legislation on the subject and subjective signs of the crime in the countries of medieval Europe within the comparative jurisprudence. The authors note that the level of culture and statehood in any society and its government bodies as a whole depends on the attitude of the society and the state to those who committed unlawful, criminally punishable acts. On the materials of criminal law in the Ancient World and the Middle Ages (Ancient Rome, Ancient Greece, etc.) a strict liability was in law-enforcement practice. New states were formed during the Middle Ages. That led to the need of strengthening their authority of state power and statehood. Consequently, the state got the right to protect the interests of the individual and society, and the right to creation a new criminal legislation and its institutions. The church survived after liquidation of many public and state institutions. On the one hand, it contributed to the preservation of scientific achievements of the Ancient World. On the other hand, the church deprived science of free critical attitude to the issues under study. Philosophy and jurisprudence were based on theology. Criminal-legal institutions could be developed only in the direction, which had been approved by the church. Clearly, the idea of protecting the rights of the individual, strict liability and conditions of sanity could not be widely applied. As soon as the states were originated, strict liability was necessary to stop the blood feud and delegation of the judiciary from the society to the state. The obtained knowledge about the world and deeper understanding of the causality of what is happening facilitated the process. From the political point of view, theology (a Christian doctrine) influenced the criminal law policy in Medieval Time. The legislator regulated a range of subjects of the crime. In X - XI centuries, ancient ideas of strict liability were accepted in Europe. Crimes were divided into willful and not deliberate. The principle of the personal guilty is directly related to the subject of the crime. Murderers, rapists, thieves, swindlers and others were declared criminals. Judicial practice of many times and peoples gives us numerous examples confirming the existence of views on the animal as a subject of crime. Age limits of legal responsibility were defined as the minority, which is different from the social maturity, and sometimes old age, were considered the reason for the undisputed crime blamed of a crime to a subject. People under 14 years old could not be subjected to the death penalty, except when "malice can make up for the lack of age". The authors pay attention to the fact that the interests of healthy individuals guided medieval jurisprudence and medicine. They also regulated peculiarities of the healthy individuals’ legal capacity, presence of dementia and mental illnesses, etc. The mitigation of punishment in some cases when the fault of the subject of the crime was absent, fixing the criminal-legal significance of the motive of the crime, intent and some other subjective features in the legislation were a progress. Studies of the Medieval European States shows that the legislator at that time did not formulate general signs of the subject of the crime and did not know the criminal legal concept of strict liability. However, there was a need to solve the problem. Thus, the paper discusses the essence of the criminal legal significance of the сorpus delicti, its place in the criminal law and law enforcement practiceю. The authors used scientific literature of both foreign and Russian

scholarly journals Legal Effects of Sporadik Issuance of Certified Land

2019 ◽  
Vol 6 (3) ◽  
pp. 875
Author(s):  
Lalu Didit Patria ◽  
M. Arba ◽  
Sahnan Sahnan
Keyword(s):  
Land Tenure ◽  
Government Regulation ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Sociological Approach ◽  
Proof Of Ownership ◽  
The Government ◽  
The Right ◽  
Ownership Of Land ◽  
Valid Proof

A certificate is a valid proof of ownership of land, but in this case the certificate does not apply if another person also controls the land. The purpose of this study was to analyze the strength of Sporadik law as the evidence of land tenure based on Law Number 5 of 1960 and analyze legal effects of Sporadik issuance of certified land. This study refers to the type of empirical normative research. It utilizes several approaches, including: 1) statute approach, 2) conceptual approach, and 3) sociological approach. The results of this study indicate that the strength of Sporadik issued must be in accordance with the procedures specified in the Government Regulation No. 24 of 1997 so that it has legal strength as the basis for the right to control over land. If the Sporadik issued is not in accordance with the requirements and provisions in the Government Regulation No. 24 of 1997, it cannot be used as the basis for the right to control over the land which can result in the absence of legal certainty and the appearance of disputes.

Nazistowski mord na Żydach w prasie polskich komunistów (1942–1944).

2006 ◽  
pp. 54-75
Author(s):  
Klaus Peter Friedrich
Keyword(s):  
Shared Responsibility ◽  
The Political ◽  
Right Wing ◽  
Social Democrats ◽  
The Social ◽  
The Government ◽  
Post War ◽  
Polish Government ◽  
The Right ◽  
Political Right

Facing the decisive struggle between Nazism and Soviet communism for dominance in Europe, in 1942/43 Polish communists sojourning in the USSR espoused anti-German concepts of the political right. Their aim was an ethnic Polish ‘national communism’. Meanwhile, the Polish Workers’ Party in the occupied country advocated a maximum intensification of civilian resistance and partisan struggle. In this context, commentaries on the Nazi judeocide were an important element in their endeavors to influence the prevailing mood in the country: The underground communist press often pointed to the fate of the murdered Jews as a warning in order to make it clear to the Polish population where a deficient lack of resistance could lead. However, an agreed, unconditional Polish and Jewish armed resistance did not come about. At the same time, the communist press constantly expanded its demagogic confrontation with Polish “reactionaries” and accused them of shared responsibility for the Nazi murder of the Jews, while the Polish government (in London) was attacked for its failure. This antagonism was intensified in the fierce dispute between the Polish and Soviet governments after the rift which followed revelations about the Katyn massacre. Now the communist propaganda image of the enemy came to the fore in respect to the government and its representatives in occupied Poland. It viewed the government-in-exile as being allied with the “reactionaries,” indifferent to the murder of the Jews, and thus acting ultimately on behalf of Nazi German policy. The communists denounced the real and supposed antisemitism of their adversaries more and more bluntly. In view of their political isolation, they coupled them together, in an undifferentiated manner, extending from the right-wing radical ONR to the social democrats and the other parties represented in the underground parliament loyal to the London based Polish government. Thereby communist propaganda tried to discredit their opponents and to justify the need for a new start in a post-war Poland whose fate should be shaped by the revolutionary left. They were thus paving the way for the ultimate communist takeover

THE IDEA OF «COMMUNITY» IN THE GOVERNMENT CONCEPTS OF GALICIA OF THE XIX – BEGINNING OF THE XX CENTURY

2019 ◽  
pp. 15-21
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Nineteenth Century ◽  
19Th Century ◽  
Practical Significance ◽  
Distinctive Features ◽  
Legal Studies ◽  
Legal Principle ◽  
General Scientific ◽  
The Government ◽  
The Right ◽  
The 19Th Century

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.

“The Truth of Reliable Tradition”: Saadya Gaon, Arabic Rhetoric, and the Challenge to Rhetorical Historiography

2017 ◽  
Vol 35 (2) ◽  
pp. 161-188
Author(s):  
Brandon Katzir
Keyword(s):  
Middle Ages ◽  
Tenth Century ◽  
Arabic Language ◽  
Rhetorical Strategies ◽  
Medieval Rhetoric ◽  
Recent Scholarship ◽  
Latin Language ◽  
Arabic Rhetoric ◽  
Rhetorical Traditions ◽  
The Middle Ages

This article explores the rhetoric of medieval rabbi and philosopher Saadya Gaon, arguing that Saadya typifies what LuMing Mao calls the “interconnectivity” of rhetorical cultures (Mao 46). Suggesting that Saadya makes use of argumentative techniques from Greek-inspired, rationalist Islamic theologians, I show how his rhetoric challenges dominant works of rhetorical historiography by participating in three interconnected cultures: Greek, Jewish, and Islamic. Taking into account recent scholarship on Jewish rhetoric, I argue that Saadya's amalgamation of Jewish rhetorical genres alongside Greco-Islamic genres demonstrates how Jewish and Islamic rhetoric were closely connected in the Middle Ages. Specifically, the article analyzes the rhetorical significance of Saadya's most famous treatise on Jewish philosophy, The Book of Doctrines and Beliefs, which I argue utilizes Greco-Islamic rhetorical strategies in a polemical defense of rabbinical authority. As a tenth-century writer who worked across multiple rhetorical traditions and genres, Saadya challenges the monocultural, Latin-language histories of medieval rhetoric, demonstrating the importance of investigating Arabic-language and Jewish rhetorics of the Middle Ages.

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

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