Private Prosecution and Enforcement in Roman Law

2020 ◽  
pp. 327-346
Author(s):  
David Friedman
Keyword(s):  
Imperfect Information ◽  
The State ◽  
Roman Law ◽  
Decentralized System ◽  
Criminal Offenses ◽  
Private Citizens ◽  
Show Evidence ◽  
To Come ◽  
The Right ◽  
Over Time

Many legal systems show evidence of having evolved out of a decentralized system of privately enforced law. Our very imperfect information on early Roman law, in particular the surviving texts from the law of the Twelve Tables, suggests that that was the case for it as well. Punishments for what we would consider crimes largely consisted of damage payments, while enforcement of court verdicts seems to have been largely the responsibility of the plaintiff, as was compelling the defendant to come to court. The earliest procedure for trial (legis actio sacramento) took the form of a bet on which side’s claim was true, with the money deposited by the losing party forfeiting to the state. Arguably its function, like that of a trial in a feud system such as that of saga-period Iceland, was to establish for third parties which of the two litigants was in the right and so entitled to use force if the losing litigant refused to obey the judgment. There was, however, an exception to that pattern for offenses against religion or directly against the state. Privately enforced systems, most notably early Irish law, make use of sureties to enforce contracts and judgments. The same was true of Roman law throughout its history, although with many detailed differences from the Irish. Over time, responsibility for prosecution and enforcement shifted from the plaintiff to state actors. But even in its final form as codified by Justinian, prosecution of both civil and criminal offenses was primarily the responsibility of private citizens.

Democracy

2014 ◽  
Author(s):  
Steven Wheatley
Keyword(s):  
International Law ◽  
English Language ◽  
Family Relationship ◽  
The State ◽  
Democratic Legitimacy ◽  
International Governance ◽  
Science Literature ◽  
Democratic State ◽  
The Right ◽  
Over Time

Researchers on “democracy” in international law have to make an important methodological choice: They can examine the “democracy norm” from the perspective only of international law (state practice, treaty norms, international law texts, etc.) or they can locate their research within a wider body of social science literature, in particular considering the normative conception of democracy in political theory (electoral, deliberative, consociational, etc.) and the practice of democracy and democracy promotion identified in political science. The latter is recommended since the idea of democracy in international law did not emerge ex nihilo. To be meaningful, it seems reasonable to conclude that the international law conception of democracy must maintain its family relationship with the idea of democracy that has emerged in political thought and practice over time—after all no agreed definition of democracy exists in international law. For researchers engaged in a critique of doctrine and practice from the perspective of democratic legitimacy, more in-depth reading will be required and reading of the original materials is essential. This article introduces researchers to the key writings in the English language on democracy in international law and relevant readings that inform the debates in international law in cognate disciplines. While certain democratic elements can be found in international doctrine and practice over time, “democracy” as an identifiable principle of the international law order can be dated back to the 1990s and the ending of the Cold War. While the status and content of the “democracy norm” in international law remains contested, the influence of democratic ideals can be seen in a number of areas relating to legitimate political authority at the level of the state and, increasingly, the (democratic) legitimacy of international organizations and institutions. The principle of democracy is seen to have an influence in the functioning of international law and the practice of international relations and international governance: establishing a criterion for legitimate and lawful government, giving form to the right of peoples to political self-determination, providing a context for the enjoyment of human rights and fundamental freedoms, and establishing the basis for peaceable and nonpeaceable interstate relations. Moreover, following the globalization and fragmentation of governance functions, concern has grown increasingly with respect to the “democratic deficit” experienced by citizens at the level of the state, leading to proposals for the democratization of global governance and a literature that examines the extent to which a democratic state should accept the authority of nondemocratic international law norms.

Introduction

2015 ◽  
Author(s):  
Ilan Zvi Baron
Keyword(s):  
Jewish Identity ◽  
Jewish History ◽  
Self Determination ◽  
Jewish Heritage ◽  
To Come ◽  
Strong Attachment ◽  
The Right ◽  
Right Of Self Determination ◽  
Over Time

I grew up with a strong attachment to a country that I did not know very well. Nevertheless, as I learned more about Zionism and Jewish history I became a committed Zionist (albeit one who felt that logically, if I argued for the right of Jewish self-determination, I could not simultaneously reject the right of self-determination for the Palestinians). What eventually came to interest me was how I was to explain this connection with Israel, a country I could not vote in, did not live in and whose language I was not fluent in. I eventually encountered the view that to be a Jew meant supporting Israel, that being a good Jew meant being a Zionist. But over time this position became increasingly problematic. I found it difficult to explain the connection, one that seemed to come with an obligatory duty to support Israel, or at least an obligation to feel a connection to Israel. Questions arose about what it meant to support a country whose political future I have no say in as a Diaspora Jew. The questions became all the more pronounced the more I learned about Israel’s history. Many Jews feel the same way, and often are uncomfortable with what such an obligation can mean, in no small part because of concerns over being identified with Israel because of one’s Jewish heritage or because of the overwhelming significance that Israel has come to have for Jewish identity....

Liberty and the Common Law

1945 ◽  
Vol 9 (1) ◽  
pp. 2-16 ◽  
Author(s):  
Lord Wright
Keyword(s):  
Eighteenth Century ◽  
Common Law ◽  
Civil Law ◽  
The State ◽  
Roman Law ◽  
Case System ◽  
The Common ◽  
The Law ◽  
The Individual ◽  
The Right

In preparing the few and elementary observations which I am about to make to you tonight I have wondered if the title I chose was apt or suitable. The Common Law is generally described as the law of liberty, of freedom and of free peoples. It was a home-made product. In the eighteenth century, foreign lawyers called it an insular and barbarous system; they compared it to their own system of law, developed on the basis of Roman and Civil Law. Many centuries before, and long after Bracton's day, when other civilised European nations ‘received’ the Roman Law, England held back and stood aloof from the Reception. It must have been a near thing. It seems there could have been a Reception here if the Judges had been ecclesiastics, steeped in the Civil Law. But as it turned out they were laymen, and were content as they travelled the country, and in London as well, to adopt what we now know as the Case System, instead of the rules and categories of the Civil Law. Hence the method of threshing out problems by debate in Court, and later on the basis of written pleadings which we find in the Year Books. For present purposes, all I need observe is that the Civil Lawyer had a different idea of the relation of the state or the monarch to the individual from that of the Common Lawyer. To the Civil or Roman Lawyer, the dominant maxim was ‘quod placuit principi legis habet vigorem’; law was the will of the princeps. With this may be compared the rule expressed in Magna Carta in 1215: No freeman, it was there said, was to be taken or imprisoned or exiled or in any way destroyed save by the lawful judgment of his peers and by the law of the land. Whatever the exact application of that phrase in 1215, it became a text for fixing the relations between the subject and the State. Holdsworth quotes from the Year Book of 1441; the law is the highest English inheritance the King hath, for by the law he and all his subjects are ruled. That was the old medieval doctrine that all things are governed by law, either human or divine. That is the old doctrine of the supremacy of the law, which runs through the whole of English history, and which in the seventeenth century won the day against the un-English doctrine of the divine right of Kings and of their autocratic power over the persons and property of their subjects. The more detailed definition of what all that involved took time to work out. I need scarcely refer to the great cases in the eighteenth century in which the Judges asserted the right of subjects to freedom from arbitrary arrest as against the ministers of state and against the validity of a warrant to seize the papers of a person accused of publishing a seditious libel; in particular Leach v. Money (1765) 19 St. Tr. 1001; Entick v. Carrington (1765) 19 St. Tr. 1029; Wilkes v. Halifax (1769) 19 St. Tr. 1406. In this connexion may be noted Fox's Libel Act, 1792, which dealt with procedure, but fixed a substantive right to a trial by jury of the main issue in the cases it referred to.

scholarly journals Markets, governments, and politics

2019 ◽  
pp. 153-177
Author(s):  
Deepak Nayyar
Keyword(s):  
Critical Role ◽  
Economic Transformation ◽  
The State ◽  
Efficient Markets ◽  
Checks And Balances ◽  
The Right ◽  
Over Time ◽  
Better Than ◽  
Do So ◽  
The Way

This chapter shows that governments performed a critical role, ranging from leader to catalyst or supporter, in the economic transformation of Asia spanning half a century, while their willingness and ability to do so depended on the nature of the state, which in turn was shaped by politics. It argues that the state and the market are complements rather than substitutes and that the two institutions must adapt to each other in an interactive co-operative manner over time. Success at development in Asia was about managing this evolving relationship between states and markets, by finding the right balance in their respective roles, which also changed over time. This experience suggests that efficient markets and effective governments, in tandem, provided the way forward to development. It is only institutionalized checks and balances that can make governments more development-oriented and people-friendly. Thus, for Asia’s continuing journey in development, democracy is clearly better than the alternatives.

Prabhat Dairy: The Crossover Challenge in the Indian Market

2019 ◽  
Vol 16 (2) ◽  
pp. 186-200
Author(s):  
Ram Subramanian
Keyword(s):  
Value Added ◽  
High Growth ◽  
The State ◽  
Growth Mode ◽  
Indian Market ◽  
Consumer Market ◽  
Farmer Cooperatives ◽  
To Come ◽  
The Right ◽  
Milk Market

Headquartered in the state of Maharashtra in India, Prabhat Dairy was one of the small, emerging private players in a growing market. India’s dairy market was dominated by farmer cooperatives who controlled both milk pricing and, to a large extent, its distribution. While the commodity side of the industry featured strong incumbents and low margins, the value-added milk market was both in high growth mode and rewarded strong players with sizeable margins. Prabhat had started in 1998 serving as an intermediary to players such as Mondelez, Abbott, Perfetti Van Mele, and Britannia but now wants to move into the consumer market. It faces significant challenges in this crossover and has to come up with the right strategy to address them.

scholarly journals POPULATION AND WATER AS DEVELOPMENT FACTORS: THE ISRAELI AND MACEDONIAN CASE

2019 ◽  
Vol 34 (5) ◽  
pp. 1479-1485
Author(s):  
Jordanka Galeva
Keyword(s):  
Agricultural Development ◽  
Agricultural Sector ◽  
The State ◽  
Jordan Valley ◽  
Large Area ◽  
Agricultural Communities ◽  
Western Asia ◽  
To Come ◽  
The Moment ◽  
The Right

The State of Israel is located in Middle East (Western Asia) on the southeastern coastline of the Mediterranean Sea and northern shore of Red Sea, with total area of 21,640 sq km². The landscape is mixture of coastal lowland, central hillside area, Jordan Valley and Negev Desert, which occupies one-half of the total land. Taking into account the population (which at the moment of the creation of the Israeli state is 806,000 habitants), as well as, the large area of desert land, the Israelis faced two challenges: to increase the population (with aim to increase labor force and territorial settlement) and find a sustainable method to use and recycle water (as a key element for agricultural development). To accomplish the first goal, on July 5, 1950, the Israeli Assembly approved the Law of Return, which gives Jews the right to come and live in Israel, while for realization of the second goal, the largest contribution comes from the innovations of agricultural communities, known as kibbutz. The first part of the paper identifies Israel's immigration policies and Kibbutz water innovations that contributed to the development of the state. In order to find out whether population and water are factors for development in the Macedonian reality, the second part of the paper presents the situation of the population and the phenomenon of emigration, as well as the real state of the water resource and its use in agriculture. The research has demonstrated a completely different situation in the Macedonian case. While Israel is pursuing a liberal immigration policy to unite all Jews in its country, the Macedonian state faces constant emigration of its citizens to other countries. Low salaries and lack of a concrete strategy to motivate young people to stay in their country are the cause of increased emigration. Regarding the second factor, although there are good conditions for development of agriculture (such as climate, fertile soil and water) this sector is not a leader in contributing to the economy of the country and the state is ranked between the first countries to irrational use of water. The purpose of this paper is to examine how population factor and water factor-related to innovations and their use in the agricultural sector, have contributed to the development of the Israeli economy and whether Israeli experience can be applied to macedonian case.

scholarly journals UPAYA HUKUM KREDITOR SEBAGAI PENANGKAL RISIKO HAPUSNYA HAK ATAS TANAH YANG DIAGUNKAN

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Ghansam Anand
Keyword(s):  
Property Rights ◽  
State Power ◽  
Land Rights ◽  
The State ◽  
Equal Rights ◽  
The Right ◽  
Over Time

ABSTRACT             The creditor certainly wants a position that is not the same as other creditors, because the same position with other creditors means getting equal rights with other creditors of the proceeds from the sale of the debtor's property, if the debtor is liable to the promise. The balanced position does not provide certainty of guaranteed return of receivables. The more creditors of the debtor are concerned, the less likely it is to guarantee the return of the receivable if for some reason the debtor becomes insolvent (unable to pay its debts). The procurement of legally guaranteed copyrights is to provide a position for a particular creditor to take precedence over other creditors. It is also the objective of the existence of Mortgage Rights as regulated by Law Number 4 Year 1996 concerning the Right of Million of Land and Land Related. One of the events that eliminated the Mortgage right is mentioned in Article 18 paragraph (1d) UUHT, that as the last mentioned basis for the abolition of Mortgage right is the abolition of land rights. The abolition of land rights takes place over time, for which the right is granted. Rights that are lower in rank than property rights such as the right to use, the right to use and the right to use are limited in time, even if physically still exist. With the termination of the rights to the land concerned, the rights to the land concerned shall return to the concerned owner or owner and if such right is granted by the state, then the land is returned to the state power. Thus, the creditor of the dependent will lose his position as the preferred creditor. Keywords: Creditors, Debtors, Deposit Rights

INSTITUTIONAL CONDITIONALITY OF THE ENDOGENIZATION OF ECONOMIC DEVELOPMENT

2018 ◽  
pp. 145-156 ◽  
Author(s):  
Valeriy Heyets
Keyword(s):  
Social Space ◽  
Private Property ◽  
Social Institutions ◽  
The State ◽  
The Political ◽  
Social Mechanisms ◽  
Centralized Management ◽  
The Social ◽  
To Come ◽  
The Right

At the end of the XXth century, in the countries of the former socialist camp, the capitalist reforms of the fundamental content of the principles of ensuring the right to liberty were carried out, including the economic one, that was realized in accordance with the existence and protection of the rights for a private property. This choice was made because there was a fundamental desire to overcome the dependence on the leadership of the political sovereign, which, in fact, ensured the receipt of «rents» through the implementation of a centralized management system on a planning and distribution basis, restraining the desire to gain freedom by providing opportunities for self-realization. In place of the ideology of the political «sovereign», the new ways of human activity coordination had to come, based on the principles of the ideology of liberalism. At the initial stages of reforms, the problems of institutionalization of activity of both the state and business, remained out of attention, since freedom was «above all».Capitalism, that develops without control and restrictions, is guided by a single criterion - by the private interest of the strongest and remains hostile to any form of public interest of the majority. At the same time, the development of the social institutions requires the formation of an institutional space for the implementation of the civic initiatives and the protection of freedoms from the manifestations of power and the weakly controlled monopoly organized business in the limitation of the civic activity. For this reason, in the process of development of society, the state should establish the long-term social mechanisms not only to consolidate the new spirit of capitalization and further economic growth, but also development through the social mechanisms of the social space that will not break, but will stabilize the society on the basis of the social values.

scholarly journals Pengawasan Warga Negara Asing Penerima Bebas Visa Kunjungan dalam Perspektif Hukum Kewarganegaraan

Lentera Hukum ◽  
2019 ◽  
Vol 6 (1) ◽  
pp. 141
Author(s):  
Helga Anton Prayulianda ◽  
Antikowati Antikowati
Keyword(s):  
The State ◽  
Foreign Workers ◽  
High Demand ◽  
Residence Permit ◽  
Demand And Supply ◽  
Foreign Nationals ◽  
The Right ◽  
Over Time

The President issued a Presidential Regulation concerning visa-free visits to 179 countries aimed at advancing the economy. Referring to Presidential Regulation 21 of 2016 concerning Free Visit visa, in which Article 3 paragraph (1) that the recipient is free of a Visit visa is exempt from the obligation to have a Visit visa to enter Indonesian territory. As well as Article 4 paragraph (1) and paragraph (2) states that foreign tourists will be given permission to stay for a visit for 30 days but cannot extend the period of the visa exemption or convert it into another residence permit. Although the regulation will attract many foreign tourists to visit Indonesia, over time many of them have misused the right. This article found that the increasingly high demand and supply of labor made use of the visa-free policy gap that visited, leading to the emergence of increasingly massive illegal foreign workers. This is clearly a bad impact on Indonesia. So this article seeks to formulate how to improve the oversight mechanism for misuse of visa-free visits that could potentially harm the state. Keywords: Supervision, Foreign Nationals, Visa-free Visit

scholarly journals TYPES OF IDENTITY DOCUMENTS INSPECTION WHILE CROSSING THE STATE BORDER OF UKRAINE (Review Article)

2020 ◽  
Vol 22 (2) ◽  
pp. 82-95
Author(s):  
L. Talianchuk
Keyword(s):  
The State ◽  
Technical Equipment ◽  
Practical Skills ◽  
Professional Qualification ◽  
Criminal Offenses ◽  
Travel Agencies ◽  
Banking Institutions ◽  
Special Knowledge ◽  
The Right ◽  
General Appearance

Inspection of passport documents is divided into types according to the following criteria: 1) by entities (the first category includes employees of the State Border Guard Service of Ukraine who possess special knowledge and have undergone appropriate training; the second one comprises of prosecutors, units of the Ministry of Internal Affairs, the Security Service of Ukraine; the third one includes only forensic experts with corresponding forensic qualifications; the fourth category comprises of other employees who have the right to inspect documents (representatives of travel agencies, banking institutions, notaries, judges and others)); 2) by inspection sites (at checkpoints: a) at border checkpoints (specially selected buildings with equipment), b) in vehicles and at the places of foreign vehicles parking; c) in specially designated control areas: in ports, fishing enterprises, berths, in the territory of neighboring states; d) outside checkpoints at places where persons are being examined (in a train car, in buses); in workrooms, offices or outside). During inspection, entities should undertake the following procedure: a) determine the type of passport document; b) examine general appearance; c) check its details; d) examine photo cards; e) pages are studied; e) establish the validity of existing visas; g) use appropriate technical equipment to detect signs of complete or partial forgery in passport documents. The peculiarities of studying these documents were also systematized and considered above in order to identify signs of forgery, such as: time and place, professional qualification of survey participants, technical support, purpose and result of inspection, procedure for detecting and fixing signs of forgery. The study of documents requires possessing special knowledge, practical skills of checking passport documents which is extremely important in investigation and prevention of criminal offenses related to forgery of identity documents when crossing the state border of Ukraine.

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