The Emperor, the Law and Imperial Administration

2016 ◽  
Author(s):  
Werner Eck
Keyword(s):  
Ad Hoc ◽  
First Century ◽  
The Political ◽  
Political Space ◽  
Legal Decisions ◽  
The Future ◽  
The Law

The political space and administrative apparatus of the Imperial government were legally stipulated and enclosed. Politics and administration had to follow the rules of the ius publicum. This was true for traditional magistrates and promagistrates as well as non-senatorial office holders, the praesidial and financial procurators of equestrian rank. The chapter surveys the potential means by which Augustus and his successors might settle problems of society or of general administration or address them for the future through new legal enactments. During the first century AD, lawmaking through one of the people’s assemblies became less frequent, while decisions of the senate became more prominent. In addition, other forms of Imperial decision, by passing legally constituted corporate bodies, achieved ever greater importance, including edicts, systematic rules and ad hoc letters to officials in the provinces, to cities or to individuals, and especially decreta, so-called constitutions, Imperial legal decisions to individuals.

V. II principio dell’irretroattività della legge nell’esperienza giuridica romana dell’età repubblicana

2021 ◽  
Vol 138 (1) ◽  
pp. 245-273
Author(s):  
Umberto Laffi
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
First Century ◽  
The Political ◽  
Political Struggle ◽  
Dynamic Relationship ◽  
Depth Analysis ◽  
The Law ◽  
Criminal Legislation ◽  
Epigraphic Evidence

Abstract The Principle of the Irretroactivity of the Law in the Roman Legal Experience in the Republican Age. Through an in-depth analysis of literary and legal sources (primarily Cicero) and of epigraphic evidence, the author demonstrates that the principle of the law’s non-retroactivity was known to, and applied by, the Romans since the Republican age. The political struggle favored on several occasions the violation of this principle by imposing an extraordinary criminal legislation, aimed at sanctioning past behaviors of adversaries. But, although with undeniable limits of effectiveness in the dynamic relationship with the retroactivity, the author acknowledges that at the end of the first century BC non-retroactivity appeared as the dominant principle, consolidated both in the field of the civil law as well as substantive criminal law.

scholarly journals Love in the time of Covid-19: a case-study of the complex laws governing weddings

Legal Studies ◽  
2021 ◽  
pp. 1-17
Author(s):  
Rebecca Probert ◽  
Stephanie Pywell
Keyword(s):  
First Century ◽  
Marriage Law ◽  
England And Wales ◽  
General Law ◽  
The Social ◽  
The Future ◽  
Fit For Purpose ◽  
The Law ◽  
The Impact

Abstract During 2020, weddings were profoundly affected by the Covid-19 pandemic. During periods of lockdown few weddings could take place, and even afterwards restrictions on how they could be celebrated remained. To investigate the impact of such restrictions, we carried out a survey of those whose plans to marry in England and Wales had been affected by Covid-19. The 1,449 responses we received illustrated that the ease and speed with which couples had been able to marry, and sometimes whether they had been able to marry at all, had depended not merely on the national restrictions in place but on their chosen route into marriage. This highlights the complexity and antiquity of marriage law and reinforces the need for reform. The restrictions on weddings taking place also revealed the extent to which couples valued getting married as opposed to having a wedding. Understanding both the social and the legal dimension of weddings is important in informing recommendations as to how the law should be changed in the future, not merely to deal with similar crises but also to ensure that the general law is fit for purpose in the twenty-first century.

Freedom of Speech and Religion

2009 ◽  
Author(s):  
Andrew Altman
Keyword(s):  
Major Part ◽  
Freedom Of Speech ◽  
Institutional Arrangements ◽  
First Century ◽  
The Political ◽  
Central Values ◽  
The Past ◽  
Starting Point ◽  
History Of ◽  
The Law

Freedom of speech and religion are among the central values of modern constitutional democracies. Efforts to understand what these freedoms mean and why they are important, and to translate them into enduring institutional arrangements, constitute a major part of the history of such democracies. As the twenty-first century begins, the political and theoretical debates over these values are not the same as they were in the past. Although centuries of philosophical controversy and institutional experimentation have settled some issues, others have been raised, with some surprising twists. Constitutional democracies rest on the principle that all citizens are to be treated as free and equal persons under the law. The principle is the settled starting point for all reasonable debate about freedom of speech and religion, and it entails that the law must secure for each citizen an equal and extensive scheme of basic liberties, including the liberties of speech and religion.

Nigeria eyes refinery push

2015 ◽  
Keyword(s):  
Oil Prices ◽  
The Political ◽  
Political Space ◽  
Content Type ◽  
Fuel Prices ◽  
Refining Capacity ◽  
The Future ◽  
Subsidy Reform

Subject Nigeria's fuel subsidy outlook. Significance The drop in global oil prices should create the space to eliminate fuel subsidy payments, but the naira's 25% depreciation means that complete deregulation could lead to rising fuel prices for users. President Muhammadu Buhari has therefore focused instead on an ambitious strategy to boost domestic refining capacity to loosen fuel importers' grip on the downstream sector. Impacts Concerted subsidy reform will be difficult so long as there is uncertainty over the naira's stability. Headway on corruption could help to create the political space to remove subsidies in the future. Buhari's confirmation that he plans to head the oil ministry could help to create that.

Conclusion Human rights in a brave new world: the shape of things to come?

2020 ◽  
pp. 263-274
Author(s):  
Fred Powell
Keyword(s):  
Human Rights ◽  
New World ◽  
First Century ◽  
The Political ◽  
Complex Relationship ◽  
Individual Liberty ◽  
The Future ◽  
Brave New World ◽  
To Come ◽  
The Right

This chapter explores the political context of human rights and how it is shaping the future. It argues that human rights constitute the very substance of democracy by conferring a universal set of rights on the citizen, arguing that Hannah Arendt’s famous phrase ‘the right to have rights’ defines the complex relationship between democracy, human rights and civil society. It discusses how human rights embracing both individual liberty and social justice have been historically contested and critically assesses the state of human rights in today’s world along with the potential threats and opportunities for human rights development into the future. The chapter concludes by arguing that the restoration of a universal welfare state, as the embodiment of human rights in a globalised world, arguably should be the priority for the future of democracy in the twenty-first century.

Coda: Inhabiting Institutions

2019 ◽  
pp. 211-215
Author(s):  
Mary L. Mullen
Keyword(s):  
Nineteenth Century ◽  
Lived Experiences ◽  
First Century ◽  
The Political ◽  
Realist Novels ◽  
The Future ◽  
Twenty First Century ◽  
The University

The coda clarifies the political stakes of this book’s argument. Reflecting on the gap between people’s lived experiences of the university and public defenses of it, it argues that nineteenth-century realist novels provide strategies for inhabiting the twenty-first century university. We, too, can find political inspiration in anachronisms. The coda shows that postcolonial and queer theory’s untimely presence in the academy resist the impulse to define the future as merely an extension of the present.

The Same Only Different: Reflections on Robert Kagan’s Adversarial Legalism

2020 ◽  
Vol 45 (4) ◽  
pp. 1170-1184
Author(s):  
Lawrence M. Friedman
Keyword(s):  
United States ◽  
Developed Countries ◽  
The United States ◽  
First Century ◽  
Modern World ◽  
Western World ◽  
Legal Systems ◽  
The Future ◽  
The Law ◽  
Influential Book

Robert A. Kagan’s influential book, first published at the beginning of the twenty-first century, is now brought up to date with a second edition. “Adversarial legalism,” in Kagan’s view, distinguishes law in the United States from the law of other developed countries in many ways, for example, heavy use of policymaking through litigation and punitive regulation, as opposed to bureaucratic and conciliatory techniques. He suggests that this situation is likely to continue. This essay, however, looks at the same phenomena from the standpoint of similarities rather than differences. It suggests that powerful economic and cultural forces, common to the modern world of developed countries, tend to push the legal systems of these countries in parallel directions. Convergence, rather than divergence, is therefore the trend in the legal systems of the Western world; and this trend is likely to continue in the future.

The Future of the Law of Occupation

2009 ◽  
Vol 46 ◽  
pp. 107-142 ◽  
Author(s):  
Kristen E. Boon
Keyword(s):  
Gaza Strip ◽  
First Century ◽  
Effective Control ◽  
Jus Post Bellum ◽  
The Future ◽  
Recent Developments ◽  
The Law ◽  
The Gaza Strip ◽  
Unified Command

SummaryThe law of occupation has become the subject of great contemporary interest because of two prominent, although sui generis, situations: the long-term Israeli occupation of the Gaza Strip, the West Bank, and the Golan Heights and the “transformative” occupation of Iraq. In both situations, the occupying powers resisted the label of belligerent occupier and selectively applied the 1907 Hague Regulations and the 1949 Geneva Conventions to the territories in question. The unique circumstances of these occupations have sparked vigorous debate over the future of the law of occupation. To wit, is the widely accepted, but largely unenforced, law of occupation capable of regulating transitions between armed conflict and peace in the twenty-first century? This article examines recent developments in the notoriously open-textured law of occupation that have arisen as this law has been variously ignored, invoked, challenged, examined, and ultimately reformed through practice. In particular, it discusses the triggers for beginning and ending an occupation, including recent jurisprudence on the “effective control” test. The article examines who can be an occupier, the question of “multiple occupiers” under unified command, and the obligations of occupiers in the areas of legislation and institutional reform. The author also considers the challenges of UN involvement in transitional situations, including the applicability of the law of occupation to UN forces and the role of the Security Council in adapting the law of occupation. The author concludes with a discussion of the principle of “conservationism” and the relationship between the law of occupation and jus post bellum, in order to provide an assessment of possible “futures” of the law of occupation.

scholarly journals Law and the Law School in the Twenty-First Century

2000 ◽  
Vol 31 (1) ◽  
pp. 55
Author(s):  
I L M Richardson
Keyword(s):  
New Zealand ◽  
Law School ◽  
First Century ◽  
Legal Studies ◽  
General Theme ◽  
The Past ◽  
The Future ◽  
School Day ◽  
The Law ◽  
Twenty First Century

This article was presented as a lecture on "Capital Law School Day" organised by the New Zealand Institute of Advanced Legal Studies to mark the occasion of the centenary of the Faculty of Law, Victoria University of Wellington in 1999. The general theme of the Day's seminar was how the law and the Victoria University of Wellington's Law School should develop into the millennium. The author considers the future of Victoria Law School by referring to its unique strengths and attributes, and how these have led to successes in the past. The author then looks at the changes that have taken place and are taking place in our legal world. 

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