Love and Incest

2021 ◽  
pp. 346-383
Author(s):  
Ioannis Ziogas
Keyword(s):  
Founding Father ◽  
The Law ◽  
Marriage Laws ◽  
Ars Poetica ◽  
Ars Amatoria

This chapter starts by discussing Orpheus as a figure who combines the roles of the archetypal poet and lawgiver (Horace, Ars Poetica 391–401; Ovid, Metamorphoses 10–11). While in Horace the legendary bard institutes marriage laws, in Ovid he is the founding father of pederasty. Orpheus’ version of the myth of Myrrha (a daughter who fell in love with her father) re-evaluates the prohibition on incest as the origin of the law of the father. Myrrha’s love is an attempt to appropriate patria potestas by challenging the father’s power to say no to incest. What is more, the myths of Orpheus and Myrrha resonate with Augustan Rome: Orpheus bears more than fleeting similarities to the teacher of the Ars amatoria; Cinyras and Myrrha recall Augustus and Julia, a resemblance that opens the gap between the intention of the law of the pater patriae and its undesirable effects.

scholarly journals Orpheus and the Law: The Story of Myrrha in Ovid’s Metamorphoses

2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Ioannis Ziogas
Keyword(s):  
Sexual Attraction ◽  
Casual Sex ◽  
Legal Language ◽  
Founding Father ◽  
Political Dimension ◽  
The Law ◽  
Ars Poetica

According to Horace, Orpheus and Amphion were the first legislators. They forbade casual sex, gave rights to spouses, and inscribed laws on wood (Ars Poetica 396-401). Orpheus, who is both the model of the devoted husband and the founding father of pederasty, simultaneously establishes and challenges the institution of marriage. His myth acquires a deeply political dimension at Rome after the emperor Augustus introduced laws that encouraged marriage and criminalised adultery. In the Metamorphoses, Orpheus attempts to regulate desire and is subsequently executed by married or marriageable women. He is a figure of Ovid, the poet who spelled out the constitution of the rules of conduct within the domains of sexual attraction in his Art of Love and was punished for subverting the institution of marriage. This article focuses on Orpheus’ story of Myrrha in Ovid’s Metamorphoses and reads the tale against the background of Augustus’ marriage and adultery laws. The myth of Myrrha is rife with legal language and courtroom rhetoric that provocatively conflate incest with marriage.

scholarly journals A Humanistic Phylosophical Analysis on Women Existence in the Fiqh of Syafii

ULUMUNA ◽  
2015 ◽  
Vol 19 (1) ◽  
pp. 33-58
Author(s):  
Iffatin Nur
Keyword(s):  
Social Relations ◽  
Religious Conversion ◽  
The State ◽  
Philosophical Analysis ◽  
Women Empowerment ◽  
State Law ◽  
Economic Issues ◽  
The Law ◽  
Marriage Laws ◽  
New View

In the fiqh of Shāfi‘ī, a humanistic philosophical analysis on women existence is given serious attention, particularly in his investigation on the matters of women. It is very vivid in his magnum opuses entitled al-Umm (The Mother), al-Risālah fi Us\ūl al-Fiqh and his periodicals qawl qadīm (old view) and qawl jadīd (new view). This article seeks to provide thorough analysis on the women empowerment through humanistic values from methodological and legal products aspects generated by Shāfi‘ī. In the aspect of methodology (us\ūl fiqh), the use of qiyās (analogy) is an indication of the humanistic value in the development of the mas\lah\ah\ (beneficial) principles. The legal products aspect can be explored through the following three classifications. Firstly, humanistic values of women in the law regarding the properties. Secondly, the humanistic values of women in the state law on economic issues related to religious conversion and social relations in political settings. Thirdly, the humanistic values of women in the marriage laws. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1249

scholarly journals ISBAT Nikah Melegalkan Pernikahan Sirri Menurut Hukum Positif Dan Hukum Agama (Studi Di Pengadilan Agama Palangka Raya)

2015 ◽  
Vol 15 (1) ◽  
pp. 94-103
Author(s):  
Sanawiah Sanawiah
Keyword(s):  
Islamic Law ◽  
Marriage Law ◽  
Positive Law ◽  
Religious Law ◽  
The Law ◽  
Marriage Laws ◽  
Islamic Marriage ◽  
Legal Marriage ◽  
Laws And Regulations

The purpose of this study was to find out what sirri marriage laws according to Islamic Law and Positive Law, to find harmony and marriage requirements and to find out how the role of Religious Court of Palangka Raya in socialization confirmation marriage. The method used in this research is the method of legal normative. As for the type of research used in this study is inventory regulations that related to confirmation of marriage legalized marriage sirri according to Positive Law and Religious Law. Law wedding sirri results according to Islamic Law and Positive Law, sirri marriage according to Islamic Law illegitimate because it does not have a guardian of marriage, while marriage sirri in the view of the majority of Indonesian society is marriage not recorded but the terms and illegitimate pillars have been met in accordance with Islamic Law. Meanwhile, according to the law of the wedding positive sirri is as where according to Marriage Law in Indonesia if a legal marriage in syar'i then legitimate also according to law "marriage is not recorded" is legal according to the laws and regulations because according to Islamic Marriage Law applicable in Indonesia is based on Article 2 (1) of Law No. 1 of 1974 in conjunction with Article 4 Compilation of Islamic Law (as ius constitutun) in conjunction with Article 3 bill-HM-PA-Bperkw 2007 (as ius constituendum).

Emer de Vattel on the Society of Nations and the Political System of Europe

2017 ◽  
Author(s):  
Simone Zurbuchen
Keyword(s):  
United States ◽  
Political System ◽  
Balance Of Power ◽  
The United States ◽  
The Political ◽  
Founding Father ◽  
Sovereign State ◽  
Modern Natural ◽  
Law Of Nations ◽  
The Law

This chapter aims to explain why considering Vattel as a founding father of positivism rests on a misunderstanding. Despite the continuous attention Vattel received in the scholarly literature as well as in the diplomatic and juridical practice, especially in the United States, his legacy remained highly contested ever since his treatise The Law of Nations was first published in 1758. One reason is its indebtedness to the modern natural law tradition but also to Vattel’s originality, mainly due to the significance he attributed to the sovereign state as a free and independent member of the society of nations. Vattel established many dualisms to develop his very broad notion of the law of nations: he applied the law of nations to the ‘political system’ of Europe, which he considered a kind of republic instituted for maintaining order and liberty and founded on the scheme of the balance of power.

scholarly journals Conflict of Laws, Choice of the Forum Court in the us, and the Due Process in Family Law Disputes

2021 ◽  
Vol 21 (1) ◽  
pp. 184-210
Author(s):  
Zia Akhtar
Keyword(s):  
Due Process ◽  
Family Law ◽  
The United States ◽  
Fourteenth Amendment ◽  
The State ◽  
Equal Protection Clause ◽  
Federal Constitution ◽  
The Us ◽  
The Law ◽  
Marriage Laws

Summary In the United States (US) the family law litigant will have to consider the implications of laws that are federally recognised and those which the state embodies in its own family law statutes. The function of the equal protection clause and due process clause of the Fourteenth Amendment of the Constitution protects the parties in family disputes that reach the court. The operation of the Full Faith and Credit Clause is an important consideration and is central to the question if the court can apply the law of the forum court (lex fori) or that of the state where the dispute emanated. The federal constitution allows the state courts to apply marriage laws of another state. If the issue is procedural, then the law of the state will be applied where the dispute that gave rise to the litigation (lex loci). This paper examines the interstate in family law by considering marriages, child custody, and adoption rules and it enquires whether the courts have been sufficiently consistent in interpreting family law of the state in accordance with Article IV, Section 1. There is also a section that compares the law in the US with the application of the lex fori rules in family cases in the Scottish jurisdiction and how that influences parties in family law disputes.

Poets and Lawmakers

2021 ◽  
pp. 203-244
Author(s):  
Ioannis Ziogas
Keyword(s):  
Founding Father ◽  
Roman Poet ◽  
Ars Amatoria ◽  
The Relationship ◽  
Trial Setting

This chapter argues that Ovid’s didactic elegy (Ars amatoria) should be studied in the tradition of the genre’s founding father, Hesiod. The relationship between law and didacticism is encoded already in Hesiod’s Works and Days and continues thereafter in Greek elegy (Theognis and Solon). Ovid is part of this tradition. The courtroom setting, to which Ovid has repeated recourse, reproduces the trial setting of the Works and Days. Not unlike Hesiod, Ovid aims at an out-of-court settlement in contrast with the litigiousness of corrupt lords. Hesiod and Solon cast themselves as champions of justice in a world dominated by unjust rulers. Subtly but clearly, this is how Ovid envisages the relationship between his poetry and the laws of Augustus. The Roman poet aligns himself with the old and authoritative voices of legendary bards and lawgivers in competition with powerful leaders who attempt to control the juridical order.

Law and the Economy: An Introduction to Coasian Law and Economics

2018 ◽  
Vol 5 (2) ◽  
Author(s):  
Ning Wang
Keyword(s):  
Institutional Change ◽  
Transaction Costs ◽  
Market Economy ◽  
Research Program ◽  
Law And Economics ◽  
Economic Analysis Of Law ◽  
Founding Father ◽  
Market Transaction ◽  
Alternative Research ◽  
The Law

Abstract Ronald Coase was a founding father of modern law and economics. Yet, Coase distanced himself from the economic analysis of law, which today dominates the law and economics scholarship, and proposed an alternative research program, which is referred to here as “law and the economy”. As market transaction presumes the delineation of rights, which are primarily defined and enforced by law, law obviously anchors the foundation of a market economy. Moreover, changes in the legal system are a main source of institutional change that reassigns rights and redraws constraints under which rights are exercised, thus fundamentally affecting transaction costs and how the economy works. “Law and the economy” recognizes the law as an integral part of the economy and calls for the study of the economic impact of law.

De Groot – A Founding Father of the Law of the Sea, Not the Law of the Sea Convention

Grotiana ◽  
2009 ◽  
Vol 30 (1) ◽  
pp. 152-167
Author(s):  
Alex Oude Elferink
Keyword(s):  
International Law ◽  
Present Article ◽  
Significant Role ◽  
Legal Framework ◽  
Law Of The Sea ◽  
Founding Father ◽  
The Law ◽  
Significant Measure ◽  
Oceans Management ◽  
High Seas

AbstractThe present article examines if the principle of freedom of the high seas as formulated by Hugo de Groot still plays a significant role in international law. The article starts from an analysis of De Groot's ideas on the law of the sea and then turns to the freedom of the high seas in the modern law of the sea. In both cases, the legal framework is assessed against the background of the activities that require(d) regulation. Freedom of the high seas, although it has lost ground to other ordering principles, remains significant at the level of principles. However, at the level of designing an effective regime for current problems in oceans management, which to a large extent are caused by deficiencies in the enforcement scheme implicit in freedom of the high seas, the writings of De Groot, in whose time those activities did not require any significant measure of international coordination and cooperation, offer little assistance.

Arts of Life: The Poetry of Inner and Outer Refinement

Loyola's Bees ◽  
2003 ◽  
Author(s):  
Yasmin Annabel Haskell
Keyword(s):  
Social Relations ◽  
Religious Life ◽  
Child Rearing ◽  
Spiritual Life ◽  
Great Care ◽  
Perfect Model ◽  
Ars Poetica ◽  
Ars Amatoria

In the ancient didactic poems, man is regularly presented as a product of cultivation or as an object of art. In the preceding chapters, Jesuit poets framed snapshots of ideal life in Virgilian terms. While there are no specific examples of classical verses and poems that dealt on the preservation of physical, mental and spiritual life, procreation, and child-rearing, Ovid's Ars amatoria and Remedia amoris provided models for poets writing conventions of sexual and social relations. However, Ovid's immoral morality poems had to be handled with great care by the didactic poets of the Society of Jesuits. In Horace, whose satire of human foibles was more chaste, the Jesuits found a perfect model for the purpose of modern moralizing. In his Ars poetica, Jesuits began to cast life as art and art as life. This chapter explores the role of art as conceived by the Society of Jesuits, including its spiritual, social, and cultural poetry. It also discusses the paradox of the paucity of the Jesuit didactics devoted to the religious life. Although the Jesuits wrote a great quantity of Latin theological and devotional verses, they nevertheless succeeded because of their preservation of its secular interior. This approach was a perfect vehicle for winning the hearts of the Catholic public for disseminating Jesuit culture in a manner that was as inoffensive as it was invisible.

The Early J.S. Mill on Marriage and Divorce

Symposion ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 175-185
Author(s):  
Janelle Pötzsch ◽  
Keyword(s):  
Social Role ◽  
Married Women ◽  
Men And Women ◽  
Gainful Employment ◽  
Marriage And Divorce ◽  
The Social ◽  
Early Essay ◽  
The Law ◽  
Marriage Laws

This paper discusses Mill’s early essay on marriage and divorce (1832) and gives two possible sources of influence for it: Plato’s arguments on the appropriate scope of the law in book IV of his Republic and Unitarian ideas on motherhood. It demonstrates that Plato’s Republic and Mill’s essay both emphasize the crucial role of background conditions in achieving desirable social aims. Similar to Plato’s claim that the law should provide only a rough framework and not concern itself with questions of etiquette (Republic, 425d), Mill envisions a society in which men and women meet as equals and hence are in no need of marriage laws. Besides, this paper will relate Mill’s essay on marriage and divorce to Unitarian ideas on the social role of women to account for his reservations about the gainful employment of married women and mothers. Mill’s claim that the rightful employment of a mother is “the training of the affections” (Mill 1970, 76) is fueled by the Unitarian conception of women as the moral educators of future citizens.

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