The Crown and the Constitution

2021 ◽  
pp. 186-218
Author(s):  
Marie Seong-Hak Kim
Keyword(s):  
Early Modern ◽  
Constitutional Law ◽  
Civil Law ◽  
The State ◽  
Private Law ◽  
Legal Professionals ◽  
The Reformation ◽  
The Law

This chapter discusses the operation of the early modern French monarchy from the perspectives of civil law and constitutional law. Exploration of the sale of offices at the nexus of the law of obligations and constitutional principles sheds important light on the state as enterprise. When venality is viewed as a royal commercial venture, the significance of extending the king’s dominion to private law becomes evident. The reformation of customs was carried out with the support of legal professionals who entered the royal bureaucracy by purchasing offices. The evolving relationship between judges and the crown over venality spurred Jean Bodin’s theory of royal sovereignty. A lawful government ruled by the sovereign with the established law became the crux of the new constitutional consciousness.

The Codification of Civil Law and the Law of Torts

1990 ◽  
Vol 24 (3-4) ◽  
pp. 628-650 ◽  
Author(s):  
Aharon Barak
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Civil Law ◽  
Public Law ◽  
The State ◽  
Private Law ◽  
Legislative Authority ◽  
The Supreme Court ◽  
Judicial Lawmaking ◽  
The Law

From the establishment of the State until the present day, two quiet “revolutions” have occurred in Israeli law — thefirstin the area of public law, and thesecondin the area of private law. In public law we have witnessed the incorporation of a functional constitution — partly in the form of the Basic Laws, prescribed by the Knesset as constitutive authority; and partly through the consolidation of human rights, the handiwork of the Supreme Court engaged in judicial lawmaking. In private law we have witnessed the coalescing of a civil codification — mainly the product of the Knesset as legislative authority with judicial lawmaking “between the cracks” of the legislation.

scholarly journals Działalność gospodarcza w polskich przepisach legislacyjnych

2018 ◽  
Vol 22 ◽  
pp. 47-61
Author(s):  
Tomasz Słapczyński
Keyword(s):  
Economic Activity ◽  
Civil Law ◽  
The State ◽  
Private Law ◽  
State Institutions ◽  
Property Relations ◽  
Economic Law ◽  
Problematic Issue ◽  
The Law ◽  
Definition Of

DEFINITION OF ECONOMIC ACTIVITY IN POLAND IN THE ADMINISTRATIVE AND CIVIL LAW ASPECTS - INTERPRETATIONS AND COLLISIONS OF THE STATUATORY DEFINITIONSThe doctrine distinguishes between two kinds of economic law, economic law, typicallyadministrative law and private economic law regulating civil-law relations. Both divisionsof law are interlinked because they regulate the functioning of economic entities in the wholecountry. Private law in this respect regulates property relations of entities of law-entrepreneurs who are entitled to autonomy in legal trade and are entities on the basis of equality. Public law regulates the relationship of subordinate sovereignty, administrative subordination, exercised by the state. The law of business is undoubtedly part of the public economic law, regulates the existence of an entrepreneur, and relations between entrepreneurs are the domain of private law. A company operating on the market must fulfill a number of statutory requirements and act in accordance with the law. It has a number of obligations for the State but also for other entities operating in the economy. As mentioned, an enterprise or an entrepreneur is obliged to fulfill the obligations imposed on them. Polish legislation is not uniform, as to the definition of entrepreneur and business, every department of law, and even some of the laws within the same law department, use a different definition of economic activity. Therefore, it is very important for an entrepreneur operating in Poland to check whether his activity is an economic activity in connection with the regulations contained in a specific law that may be in force. This is a very problematic issue, although the definitions in the various laws are similar, but they are not identical, which complicates the business, through heterogeneous and complex legislation that puts businesses in uneven light between many state institutions that impose obligations. To entrepreneurs. The work attempts to systematize the definition of an entrepreneur in Polish legal regulations, highlight the differences in individual laws and the consequences of that.

Early Modern Jurisprudence and Theology

2019 ◽  
pp. 328-341
Author(s):  
Thomas M. Green
Keyword(s):  
Early Modern ◽  
Criminal Law ◽  
Canon Law ◽  
Civil Law ◽  
Moral Theology ◽  
Marriage Law ◽  
The Reformation ◽  
The Subject ◽  
The Law ◽  
The Church

This chapter argues that the subject of theology and jurisprudence in Scotland falls into two distinct and often independent histories, the first concerning the reception of Canon law in Scotland prior to the Reformation in respect of both ecclesiastical and civil law, the second concerning the reception of the ‘law of God’ into ecclesiastical and criminal law during the era of the Reformation. The continued authority of Canon law in Protestant Scotland is considered alongside the development of the Church of Scotland’s disciplinary jurisdiction and the criminalization of sin. Areas in which these two distinct histories intersected in respect of marriage law and the law of incest are considered. The interaction of theology and jurisprudence among the writings of Scotland’s earliest legal writers and earliest institutional writers is also considered, including the influence of Calvinism on criminal law, and of scholastic moral theology on Scots private law.

National Report for Mexico

2013 ◽  
Author(s):  
Carlos Sánchez-Mejorada y Velasco
Keyword(s):  
Constitutional Law ◽  
Common Law ◽  
Civil Law ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Profit Motive ◽  
Private Law ◽  
Commercial Law ◽  
The Status

In civil law systems, such as Mexico, a distinction is made between civil law (‘derecho civil’) and commercial law (‘derecho mercantil’), which can be confusing to persons unfamiliar with the system. As is the case in common law jurisdictions, law in civil law systems can be divided into public law and private law, the latter being those laws that govern relationships between and among private parties, regarding which the state functions more as a ‘supervisor’ or an ‘umpire’ than as an authority. Public law would include constitutional law, administrative law, etc. In turn, private law comprises civil law, ie those rules governing the status, rights, and obligations of the residents of the state as persons, their property, their estates, their obligations, and their contracts; and commercial law, those rules governing all acts of the residents of the state that have a profit motive, which in Mexico—as well as in other jurisdictions—are called ‘acts of commerce’ (‘actos de comercio’).

scholarly journals KAJIAN KRITIS TERHADAP HUKUM PERDATA (KUHPERDATA) DALAM ASPEK FILOSOFIS

2019 ◽  
Vol 4 (1) ◽  
pp. 20-31
Author(s):  
Anwar Hidayat
Keyword(s):  
Civil Law ◽  
Critical Study ◽  
Private Law ◽  
Inheritance Law ◽  
Social Community ◽  
Current Classification ◽  
Race Ethnicity ◽  
The Law ◽  
Important System

Abstrak Hukum merupakan suatu sistem terpenting di dalam masyarakat untuk mengatur kehidupan yang berkaitan dengan sebuat tatanan yang selalu bergerak baik secara evolutif maupun revolusioner. Tatanan diatur dalam hukum itu sendiri meliputi tatanan transendetal, tatanan sosial/masyarakat dan tatanan politik. Hukum perdata yang merupakan ketentuan atau peraturan yang berkaitan dengan pribadi seseorang dengan orang lain, atau juga hukum sipil memiliki ruang lingkup yang luas dalam pengaturannya. Salah satu bidang hukum yang mengatur hubungan-hubungan antara individu-individu dalam masayrakat dengan sarana tertentu. Penggolongan dari hukum perdata yang ada saat ini antara lain meliputi: Hukum keluarga, Hukum harta kekayaan, Hukum kebendaan, Hukum perikatan, dan Hukum waris. Kajian kritis terhadap hukum perdata yang telah berlaku di Indonesia dengan menggunakan metode filsafat (filosofis), maka seharusya yang dijadikan dasar pemikirannya ialah falsafah Pancasila. Sebagaimana diketahui bahwa Pancasila merupakan sumber dari segala sumber hukum negara Indonesia. Hal yang demikian ini dirasa sesuai mengingat falsafah Pancasila adalah merupakan ruh perjuangan dari para pejuang bangsa, sebagai alat pemersatu, dari yang sebelumnya terkotak-kotak oleh suatu daerah/wilayah, ras, suku, golongan dan agama. Kata Kunci: Hukum Perdata, Filosofis, Pancasila   Abstract The law is the most important system in society to regulate life in relation to an order that is always moving both evolutionarily and revolutionarily. Order is regulated in the law itself including transcendental order, social/community order and political order. Private law which is a provision or regulation relating to someone's personal with others, or also civil law has a broad scope in its regulation. One area of ​​law that regulates the relationships between individuals in society with certain means. The current classification of private law includes: Family law, Property law, Material law, Engagement law, and inheritance law. Critical study of private law that has prevailed in Indonesia using philoshopy (philosophical) methods, then the basis for thinking should be the philosophy of Pancasila. As is known that Pancasila is the source of all sources of Indonesian state law. This is considered appropriate given the philosophy of Pancasila is the spirit of the struggle of the nation's fighters, as a unifying tool, from previously divided by a region / region, race, ethnicity, class and religion. Keyword: Private Law, Philosophical, Pancasila.

Introduction

2020 ◽  
pp. 1-10
Author(s):  
J. V. Fesko
Keyword(s):  
Twentieth Century ◽  
Early Modern ◽  
Middle Ages ◽  
The State ◽  
Early Church ◽  
Secondary Literature ◽  
The Reformation ◽  
History Of

This chapter introduces the topic of the history of the early modern Reformed doctrine of the covenant of works. It first defines the doctrine and then provides a state of the question through a survey of relevant secondary literature. After the state of the question, the chapter states the book’s main aim, which is to present an overview of the origins, development, and reception of the covenant of works. In contrast to critics of the doctrine, this book stands within another strand of historiography that sees the covenant of works as a legitimate development of ideas present in the early church, middle ages, and Reformation periods. The chapter then lays out the topics of each of following chapters: the Reformation, Robert Rollock, Jacob Arminius, James Ussher, John Cameron and Edward Leigh, The Westminster Standards, the Formula Consensus Helvetica, Thomas Boston, and the Twentieth Century.

Outposts of the Law: The Frontier and the Civil-Law Fringe

2019 ◽  
pp. 127-146
Author(s):  
Lawrence M. Friedman
Keyword(s):  
Civil Law ◽  
The State ◽  
American Frontier ◽  
Northwest Ordinance ◽  
Basic Law ◽  
The Future ◽  
History Of ◽  
The Law ◽  
New Nation

This chapter discusses the history of American frontier law. The new nation faced the problem of how to deal with the western lands. Some of the states had huge, vague, and vast claims to chunks of western land, stretching out far beyond the pale of settlement; other states did not. The Ordinance of 1787 dealt with the issue of governance and the future of the western lands. It set basic law for a huge area of forest and plain that became the states of Ohio, Indiana, Illinois, Michigan, and Wisconsin. The Ordinance of 1790 extended the influence of the Northwest Ordinance into what became the state of Tennessee.

German Constitutional Law and Doctrine on State of Emergency – Paradigms and Dilemmas of a Traditional (Continental) Discourse

2006 ◽  
Vol 7 (5) ◽  
pp. 453-477 ◽  
Author(s):  
András Jakab
Keyword(s):  
Constitutional Law ◽  
Current Issue ◽  
German Literature ◽  
Legal Discourse ◽  
The State ◽  
Legal Issues ◽  
State Of Emergency ◽  
The Law ◽  
German Constitutional Law ◽  
Academic Debate

A foreign jurist, on looking into the German literature on constitutional law, will soon and suddenly be struck by a peculiarity of this scholarship: the unusually strong emphasis on a marginal area of constitutional law, namely, the state of emergency. The inquiry is, of course, well-known in other countries, but the passion for, and the theoretical effort expended on, this marginal area is unique to Germany.However, this disinterest on the part of other constitutional lawyers, and the recent decline in interest on Germany's part, could yet change, turning the marginal area into a highly current issue. Combating terrorism raises questions for which the German patterns of argumentation, fine-tuned in the academic debate on the law of state of emergency, may provide a useful framework for discussion. The questions arising in the context of the struggle against terrorism test the limits of positive regulations in extreme situations, leading ultimately to the same underlying dilemma as the law on state of emergency, though with different terminology. In this sense, the constellation of legal issues involved in combating terrorism could be considered as the law on state of emergency “incognito.” However, the various argumentative patterns for law on state of emergency have not yet been directly transferred into the very timely legal discourse on counterterrorism (and no such attempt is made here), but such a transfer of argumentation suggests itself. As such, the topic has a “potential currency,” even if traditional issues of state of emergency themselves no longer count among the most current issues.

Grotius and the Origin of the Ruler's Right to Punish

Grotiana ◽  
2007 ◽  
Vol 26 (1) ◽  
pp. 396-415 ◽  
Author(s):  
Gustaaf van Nifterik
Keyword(s):  
Constitutional Law ◽  
John Locke ◽  
Thomas Hobbes ◽  
The State ◽  
Constitutional Theory ◽  
War And Peace ◽  
The Law ◽  
The One ◽  
The Right

AbstractAn important aspect of any constitutional theory is the state's power to punish transgressions of the law, or the ius gladii. Although Grotius never formulated a complete, comprehensive constitutional theory, traces of such a theory can be found in many of his writings not explicitly devoted to constitutional law. Punishment even plays an important role in his books on war (and peace), since to punish transgressions of the law is ranked among the just causes of war.Given the fact that a state may punish transgressions of the law – transgressions by individuals within and even outside the state, but also transgressions of the law by other states – the question may arise concerning the origin of such a right to punish. It will be shown that Grotius did not give the same answer to this question in his various works. As the right to punish is concerned, we find a theory that seems to be akin to the one of John Locke in the De iure praedae (around 1605), one akin to the theories of the Spanish late-scholastics in De satisfactione and De imperio (around 1615), and a theory coming close to what Thomas Hobbes had said on the ruler's right to punish in the De iure belli ac pacis (around 1625).Of course, Grotius can only have been familiar with the theory of the Spanish late-scholastics, since those of Locke and Hobbes were still to be written by the time Grotius had passed away.

Applicability of Private Law of De-facto Regimes

2019 ◽  
Vol 65 (2) ◽  
pp. 207-222
Author(s):  
Hanna Stakhyra
Keyword(s):  
The State ◽  
The Political ◽  
Private Law ◽  
The Law ◽  
Conflict Of Law

The applicability of private law of de-facto regimes poses particular conflict-of-law challenges for the state and its respective authorities involved, in particular courts. This article analyses these challenges in the light of the Luhansk and Donetsk National Republics in Ukraine, and further illustrates problems arising from the (non-)recognition of de facto regimes in the context of other territories such as Taiwan and Moldova, and Crimea, among others. The article concludes that recognized states cannot simply ignore the existence of a de facto regime territory. The political nonrecognition of such territories should not be an obstacle to the application of the law to protect the rights of individuals in private relationships.

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