The Law

2021 ◽  
pp. 256-269
Author(s):  
Diego Quaglioni
Keyword(s):  
Legal Culture ◽  
Theoretical Framework ◽  
Roman Law ◽  
The Political ◽  
Legal Thought ◽  
The Law ◽  
Political Philosopher ◽  
Legal Concepts ◽  
The Way

This chapter discusses the way Dante’s major works, like Monarchia and Convivio, articulate a strong and complex interrelation among religious, political, and legal concepts. Dante’s Commedia, too, is a universal masterpiece whose literary-theoretical framework is simultaneously and manifestly a legal one. Dante the political philosopher as well as Dante the poet fully assimilated the legal culture of his century. He was not a canonist or a jurist either, even though he quoted canon and Roman law everywhere, castigating papal decretals and the decretalists in the harshest terms but also following some traditional lines of legal thought. Indeed, the legal maxims quoted by Dante are one with the structure of his discourse and argumentation, even when Dante follows closely precise legal enunciations of the sources, showing how phrases from the texts of the Corpus iuris civilis or of the Corpus iuris canonici had become part of general educated discourse among non-lawyers.

The Reconstitution of Upper Canadian Legal Thought in the Late-Victorian Empire

1985 ◽  
Vol 3 (2) ◽  
pp. 219-292 ◽  
Author(s):  
G. Blaine Baker
Keyword(s):  
Twentieth Century ◽  
North American ◽  
Legal Culture ◽  
Legal Positivism ◽  
Upper Canada ◽  
Legal Thought ◽  
Upper Canadian ◽  
The Law ◽  
British North American ◽  
The Way

Theavailabilityof the literature of the law, an aspect of legal culture rarely considered in twentieth century Canadian commentary on the ‘reception’ of imperial laws, must have had a great deal to do with the way that sources of law informed and reflected the developing jural values, doctrine, and methodology of the British North American provinces. Yet locally-prevalent versions of legal positivism, which find expression in formalistic, contemporary constitutional scholarship on transferral issues, have tended to suppress or render irrelevant inquiries into the way that such intellectual forces as law books actually affected the development of the legal culture of Upper Canada/Ontario.

LEGAL SKETCH «THE SIGNIFICANCE OF THE LEGAL EXCUSES AND PROVERBS OF ANCIENT ROME AS A MEANS OF LEGAL PROPAGANDA ABOUT LEGAL KNOWLEDGE AND CULTURE»

2020 ◽  
Author(s):  
Alexander Kukharev ◽  
Alexander Rusu
Keyword(s):  
Digital Age ◽  
Legal Culture ◽  
Roman Law ◽  
Ancient Rome ◽  
Legal Knowledge ◽  
The Law ◽  
Law Making

This article discusses adaptation of the norms and ideals of Roman law to modern legal culture, the basis of Roman legal relations, which is the basis of modern law-making. It is important to learn how the culture of the law of ancient Rome influenced the formation of modern law of the digital age. The purpose of writing the paper was to highlight the influence of the legal culture of ancient Rome on modern reality.

RELIGION AND THE LAW OF CHARITY: A LIBERAL PERSPECTIVE

2014 ◽  
Vol 29 (2) ◽  
pp. 236-258
Author(s):  
Matthew Harding
Keyword(s):  
Public Reason ◽  
Practical Reasoning ◽  
The Political ◽  
Joseph Raz ◽  
The Law ◽  
Political Philosopher ◽  
Main Ideas ◽  
Liberal Perspective

AbstractThis article considers the treatment of religious purposes in charity law from a liberal perspective informed by the work of the political philosopher Joseph Raz. The article begins by describing briefly the main ideas in Razian liberalism. It then considers the key question when thinking from a Razian perspective about the treatment of religious purposes in charity law: To what extent does the state's promotion of religious purposes via charity law promote the conditions of autonomy? Finally, the article considers the practical reasoning of state officials who deliberate about religious purposes in the charity law setting, asking to what extent such reasoning meets an ideal of public reason informed by Razian liberalism. The article concludes that in many, but not all, respects the treatment of religious purposes in charity law is consistent with Razian liberal commitments.

Eric Voegelin's Contribution to Contemporary Political Theory

1964 ◽  
Vol 26 (3) ◽  
pp. 378-402
Author(s):  
Dante Germino
Keyword(s):  
Political Theory ◽  
Political Science ◽  
General Position ◽  
The Political ◽  
Major Objective ◽  
Eric Voegelin ◽  
Political Philosopher ◽  
The Way

Some fifty years ago, Douglas Ainslie wrote of Benedetto Croce: “I can lay no claim to having discovered an America, but I do claim to have discovered a Columbus.” Eric Voegelin, today at the height of his career as a political philosopher, scarcely needs to be discovered; he is regarded as a Columbus in the realms of the spirit by many concerned with the the oretical analysis of politics. But in the political science profession he has been more often ignored or systematically misunderstood than read for what he has to teach. Among those according an indifferent or hostile reception to Voegelin are many who, bewailing the recent “decline” of political theory, might have been expected to welcome the appearance of a thinker meticulously pointing the way to the recovery of political theory as a tradition of inquiry. The basic reasons for this curious reception will be alluded to in the course of this essay. The major objective, however, is to isolate the key elements in Voegelin's political theory and to give some indication of his general position in contemporary political science. Hopefully, the result will be to further the understanding of his work and the appreciation of his achievement.

scholarly journals La “defensa” aristotélica de la esclavitud de los indios americanos: a propósito del dominium e imperium en la lectura de Juan Ginés de Sepúlveda

Nova Tellus ◽  
2020 ◽  
Vol 38 (2) ◽  
pp. 135-159
Author(s):  
Genaro Valencia Constantino
Keyword(s):  
Social Context ◽  
19Th Century ◽  
Roman Law ◽  
16Th Century ◽  
Latin Translation ◽  
The Political ◽  
Key Concepts ◽  
Juan Gines De Sepulveda ◽  
Political Question ◽  
The Way

The so-called Aristotelian defense of enslaving the americans, which Juan Ginés de Sepúlveda supposedly yielded in the 16th century, is, as I shall try to prove along this paper, a misunderstanding produced by careless and simplistic interpretations which do not consider the Sepulveda’s approach to Aristotle’s Politics, the Latin translation he published, the political and social context on Hispanic Monarchy during that century and some key concepts of Roman Law. Besides, the preconception, created by Menéndez Pelayo, maybe unintentionally, by translating a part of the title of the treatise Democrates alter, sive de iustis belli causis apud Indos, by “against the indians”, printed a serious brand on Sepúlveda like a slavery defender since 19th century. With this text, I want to show the reading and interpretation Sepúlveda made about Aristotelian work in the light of textual and contextual conditionings, which make clear the way the spaniard humanist deals with the philosophical and political question of indigenous conquest.

scholarly journals Crime under Islamic Law: Definition, Relation with Sins, and Classification

Islamovedenie ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 89-101
Author(s):  
Dzhamali Tofikovich Kuliev ◽  
Keyword(s):  
Islamic Law ◽  
Legal Culture ◽  
Common Language ◽  
Legal Concept ◽  
The Common ◽  
The Law ◽  
Legal Concepts ◽  
The Right

This article appears to be the result of extensive research dedicated to the question of the correct use of the common language while studying Islamic legal culture, and particularly the con-cepts of sin and crime. Consisting of the Quran and Sunnah of the Prophet Muhammad, Sharia turns out to be the basis for fiqh and Islamic law. The latter is a legal phenomenon implying differ-ent legal concepts such as crimes. As we can see from the legal works analysed, the authors often synonymise the terms ‘sin’ and ‘crime’; at the same time it is strongly recommended to differentiate these terms in the context of Sharia, fiqh and Islamic law. However, in our opinion, it is necessary to distinguish between these two categories, since Sharia that deals only with sins is a set of reli-gious norms not relevant to law and jurisprudence. There is no doubt that Sharia norms can be re-flected in the law, but it is just another evidence of Islamic law to be based on Sharia. Quite the con-trary, crime is a legal concept established by legislation. There are times when Sharia, legislation and legal doctrines coincide, and the same act can be considered both as a sin and as a crime, but it does not mean that they are identified. Thus, the novelty of the study consists in the distinction between the concepts of ‘sin’ and ‘crime’ in Sharia and Islamic Law. Besides, having finished the research in such categories as ‘qisas’, ‘diya’ and ‘tazir’, the author comes to a conclusion that the states which hold themselves out to be ‘Islamic’ ought to include these types in their legislation. Elsewise, such states do not have the right to be called ‘Islamic’.

Commentary

1992 ◽  
pp. 84-151
Author(s):  
Christopher Carey
Keyword(s):  
Moral Character ◽  
The Political ◽  
Personal Gain ◽  
For Profit ◽  
Political Background ◽  
The Law ◽  
Extensive Involvement ◽  
The Way

1-16 Theomnestos' speech. This section is both a speech in its own right, containing all the expected elements (introduction §1, narrative §§2-10, argument §§11-13, and epilogue §§14-15) and the introduction to Apollodoros' speech, which has little in the way of formal introduction. Its primary purpose is to remove various sources of jury prejudice against the prosecution and to create prejudice against Stephanos. In this type of case the law allowed for substantial rewards for successful prosecutors (cf. §16); in view of the Athenian hostility against the use of the lawcourts for personal gain it is necessary for Theomnestos to disclaim any desire for profit (cl. esp. 53.1ff.). Secondly, Apollodoros' extensive involvement in litigation may well have made him unpopular with Athenian juries, which disapproved of hasty recourse to the law. Theomnestos redirects this prejudice against Stephanos; he represents Stephanos as the aggressor, and stresses that there was no honourable alternative to litigation. Thirdly, given his youth, the political background and the seriousness of the case, Theomnestos inevitably faces the suspicion that he is merely a tool of Apollodoros; to dispel this suspicion he exaggerates his own role as victim and avenger. This section also establishes to the moral character of prosecution and defence ...

Rape as a Weapon of War in Myanmar/Burma

2019 ◽  
pp. 266-284
Author(s):  
Annalise Oatman ◽  
Kate Majewski
Keyword(s):  
Historical Development ◽  
Legal Culture ◽  
Minority Women ◽  
The Political ◽  
Ethnic Minority Women ◽  
The Social ◽  
Political Forces ◽  
The Status ◽  
History Of ◽  
The Way

This chapter examines the conflict in Myanmar and its historical development as an example of the way that rape is wielded as a weapon of war. It also provides a discussion of advocacy for the ethnic minority women of Myanmar at the grassroots, national, and international levels. It reviews statistics on conflict-related rape and theories regarding the social and political forces driving it. It examines the political history of Myanmar and the status of Myanmarese women. It also discusses the way that current conditions have set the stage for conflict-related rape in Myanmar and data on its prevalence. It discusses the extradition of the rapist of a 7-year-old girl, Myanmarese grassroots efforts to address this issue, and international proposals for reform. In addition, it discusses the way that the “legal culture” of a nation can get in the way of the enactment of international legislation.

The Authority of Vattel

1913 ◽  
Vol 7 (3) ◽  
pp. 395-410 ◽  
Author(s):  
Charles G. Fenwick
Keyword(s):  
International Relations ◽  
International Law ◽  
The Political ◽  
Law Of Nations ◽  
The World ◽  
History Of ◽  
The Law ◽  
History Of International Law ◽  
Political Philosopher

There is no more significant commentary on the growth of international law, both in precision and in comprehensiveness, than an estimate of the relative authority of the name of Vattel in the world of international relations a century ago and in that of today. A century ago not even the name of Grotius himself was more potent in its influence upon questions relating to international law than that of Vattel. Vattel's treatise on the law of nations was quoted by judicial tribunals, in speeches before legislative assemblies, and in the decrees and correspondence of executive officials. It was the manual of the student, the reference work of the statesman, and the text from which the political philosopher drew inspiration. Publicists considered it sufficient to cite the authority of Vattel to justify and give conclusiveness and force to statements as to the proper conduct of a state in its international relations.At the present day the name and treatise of Vattel have both passed into the remoter field of the history of international law. It is safe to say that in no modern controversy over the existence and force of an alleged rule of international law would publicists seek to strengthen the position taken by them by quoting the authority of Vattel. As an exposition of the law of nations at a given period of its growth, the work can, it is true, lose nothing of its value, but in saying that it has thus won its place irrevocably among the classics of international law, we are merely repeating that it has lost its value as a treatise on the law of the present day.

scholarly journals Parental Responsibility, Hyper-parenting, and the Role of Technology

2016 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Genetic Enhancement ◽  
The Political ◽  
Parental Responsibility ◽  
The Law ◽  
Impact Of Technology ◽  
The Impact ◽  
The Way

This chapter explores the impact of technology on parenthood. It draws out some of the themes raised by the genetic enhancement debate, arguing that they reflect some of the current themes in contemporary parenthood. Particularly pertinent is the phenomenon of hyper-parenting, which itself often relies on technology to enable surveillance of children. It is argued that this practice reflects the political and popular rhetoric around conceptions of parental responsibility, which has been picked up and reinforced in the law. The chapter concludes by arguing against an overemphasis on the power that parents have over children to train them to be good citizens and argues for a relational vision of parenthood, recognizing also the power that children have over adults and the way that children can shape parents.

Sign in / Sign up

Export Citation Format

Share Document