Legal Evidence

2019 ◽  
Author(s):  
Jane F. Gardner
Keyword(s):  
Everyday Life ◽  
Roman Law ◽  
Ancient Greek ◽  
Legal Evidence

Roman law is documented in greater detail than that of any ancient Greek state, principally through an enormous corpus of legal writings. The four most important are the so-called Twelve Tables, the Institutes of Gaius, the Codex of Justinian, and Justinian’s Digest. Legal writings can shed important light on slavery in Roman life, especially when combined with the evidence of inscriptions; but much of their content is anecdotal, sometimes hypothetical. Frequency of mention of a given situation in juristic writings does not necessarily correspond to its frequency in litigation, let alone in everyday life. Moreover, little in Roman law is directly or exclusively concerned with slaves—there is, arguably, no Roman law of slavery.

VIII. Parakatatheke und letztwillige Verfügungen: Zum Hintergrund von D. 32,37,5

2021 ◽  
Vol 138 (1) ◽  
pp. 338-378
Author(s):  
Éva Jakab
Keyword(s):  
Everyday Life ◽  
Roman Law ◽  
Legal Practice ◽  
Unique Decision

Abstract Parakatatheke and last wills: on the background of D. 32.37.5. Already Hans Julius Wolff refused the idea of a hermetical isolation between Roman law and local (provincial) legal practice in everyday life. Following his trace, this contribution will show that legal intercourse between different classes of provincial populace was far more intensive than generally assumed. Focusing on the period before the Constitutio Antoniniana (212 AD), a detailed exegesis of a unique decision of Scaevola follows. The Roman jurist delivers a paradigmatic case: He settles a dispute in which the Greek formula of parakatatheke was used by a Roman citizen for disposing about his assets on death. In fact, the legal act should be considered ineffective under Roman law. However, Scaevola looked for ways to enforce the claim. Roman law and provincial legal custom: Scaevola’s decision sheds a new light on the creative approach of Roman jurisdiction regarding foreign legal thoughts.

scholarly journals EI FORAS, MULIER, CZYLI ROZWÓD W KOMEDIACH PLAUTA

2017 ◽  
Vol 4 (1) ◽  
pp. 7 ◽  
Author(s):  
Anna Tarwacka
Keyword(s):  
Everyday Life ◽  
Legal Aspects ◽  
Roman Law ◽  
Original Text ◽  
Sexual Contacts ◽  
As If ◽  
New Comedy

El FORAS MULIER, VIZ. DIVORCE IN PLAUTUS’ COMEDIESSummary The Romans treated law as a very important element of everyday life. That is why their literature is so full of allusions to law.Plautus wrote his comedies for nearly 30 years, between 210 and 184B.C. His plays were based on the Greek Middle and New Comedy. It isnot always easy to distinguish the parts where he refers to Roman law fromthose where he simply translates the original text without making anychanges.In many of Plautus’ plays we can find information about divorce, though divorce was never shown on the stage for obvious moral reasons.In Menaechmi the husband threatens his wife with repudium because hefeels a slave in his own house - an ideal wife should - under no circumstances - spy on her husband or even ask him about his affairs. The position of a men in this relationship is rather weak - his wife brought a largedowry and he is simply afraid of what he could lose by ending his marriage. In Mercator Syra, a slave-woman, comments that husbans are allowed tohave sexual contacts with other women, whereas their wives can be easilyrepudiated even if seen outside their houses without a permission. Thereseems to have been no possibility for a woman to demand divorce in Romeof the III/II century B. C. Plautus uses this fact for comical purposes. InAmphitruo Alcumena speaks the formula of repudium as if backwords: tibihabeas res tuasy reddas meas, making it sound as if it was her husband to repudiate her.Plautus gives a lot of evidence that divorces were quite common in histimes and that the Romans knew perfectly all its legal aspects.

Ancient Musical Writings as Persuasive Texts

2021 ◽  
Vol 9 (2) ◽  
pp. 271-284
Author(s):  
Massimo Raffa
Keyword(s):  
Everyday Life ◽  
Case Studies ◽  
Life Experience ◽  
The Other ◽  
Ancient Greek ◽  
Other Hand ◽  
The One ◽  
Shed Light

Abstract This contribution is meant to shed light on how ancient Greek music theorists structure argumentations and address their readership in order to be understandable, effective and persuasive. On the one hand, some of the most important treatises, e.g. Ptolemy’s Harmonics (with Porphyry’s Commentary) and what remains of Archytas’ and Theophrastus’ works, are taken as case studies; on the other hand, the paper deals with some argumentative patterns recurring in harmonics demonstrations, especially with reference to the usage of everyday life experience as evidence supporting acoustic and harmonic theories.

scholarly journals The influence of canon law on ius commune in its formative period

SEEU Review ◽  
2015 ◽  
Vol 11 (2) ◽  
pp. 153-164
Author(s):  
Sami Mehmeti
Keyword(s):  
Canon Law ◽  
Civil Law ◽  
Formative Period ◽  
Roman Law ◽  
European Law ◽  
Medieval Period ◽  
Ancient Greek ◽  
Ius Commune ◽  
The Common ◽  
The Difference

AbstractIn the Medieval period, Roman law and canon law formedius communeor the common European law. The similarity between Roman and canon law was that they used the same methods and the difference was that they relied on different authoritative texts. In their works canonists and civilists combined the ancient Greek achievements in philosophy with the Roman achievements in the field of law. Canonists were the first who carried out research on the distinctions between various legal sources and systematized them according to a hierarchical order. The Medieval civilists sought solutions in canon law for a large number of problems that Justinian’s Codification did not hinge on or did it only superficially. Solutions offered by canon law were accepted not only in the civil law of Continental Europe, but also in the English law.

scholarly journals Rape and Adultery in Ancient Greek and Yoruba Societies

2014 ◽  
Vol 5 (1) ◽  
pp. 67-114
Author(s):  
Olakunbi O Olasope
Keyword(s):  
Research Method ◽  
Sexually Abused ◽  
Legal Rights ◽  
Ancient Greek ◽  
Sexual Culture ◽  
Legal Evidence ◽  
Roman World ◽  
Legal Control ◽  
The Family ◽  
Capital Charge

In Athens and other ancient cultures, a woman, whatever her status and whatever her age or social class, was, in law, a perpetual minor. Throughout her life, she was in the legal control of a guardian who represented her in law. Rape, as unlawful carnal knowledge of a woman, warranted a capital charge in the Graeco-Roman world. It still carries a capital charge in some societies and is considered a felony in others. As for adultery, it may be prosecuted in some cultures while in others it is a matter to be decided by the family council.This paper examines laws concerning the abuse of and exploitation of women in ancient and modern societies, especially within the context of their biologically determined roles and sexual culture. It also seeks to establish the socio-legal rights (if any) of women, especially those who were traumatised and sexually abused. The research method is mainly content analysis. It employs sources such as legal evidence in the form of recorded speeches of the Attic orators along with literary accounts, historical or legendary and epigraphic inscriptions.

Dramatic Judgments Measure for Measure, Revenge, and the Institution of the Law

2019 ◽  
pp. 33-74
Author(s):  
Bernadette Meyler
Keyword(s):  
Early Modern ◽  
Common Law ◽  
Ancient Greece ◽  
Roman Law ◽  
Institutional Form ◽  
Ancient Greek ◽  
Norman Conquest ◽  
Measure For Measure ◽  
The Law

Analyzing William Shakespeare’s Measure for Measure as the paradigm for theaters of pardoning, this chapter examines the relationships among judgment, pardoning and sovereignty in the play. It posits that Measure for Measure relies on a judicial model of pardoning and at the same time pits a more bureaucratic, institutional form of judgment against a vision of judgment as emanating from a sovereign decision on both the law and its application. The chapter further explains the connection between the institutional form of judgment staged in Measure for Measure and the work of early modern jurist Sir Edward Coke, who promoted a form of common law that he suggested derived from ancient Greek sources rather than the inheritance of Roman law from the Norman conquest. Drawing on this link with ancient Greece, the chapter then concludes with a comparison between Aeschylus’s Oresteia and Measure for Measure, contrasting both their genres and visions of justice.

Note on Letter and Spirit in the New Testament

1954 ◽  
Vol 47 (3) ◽  
pp. 197-203 ◽  
Author(s):  
Boaz Cohen
Keyword(s):  
New Testament ◽  
Roman Law ◽  
Ancient Greek ◽  
The New Testament ◽  
The Law ◽  
Greek Rhetoric

In a study entitled Letter and Spirit in Jewish and Roman Law I suggested that the antithesis γράμμα καὶ πνεῦμα (Letter and Spirit) coined by Paul was the equivalent to the Greek antithesis ῥητὸν καὶ διάνοια, which was a commonplace in ancient Greek rhetoric. After this article was printed, I discovered a passage in Origen which confirms beyond all doubt the correctness of my conjecture. This statement is found in his refutations of an argument advanced by Celsus. This pagan philosopher charged that there were many contradictions between the Law and the New Dispensation, which demanded an explanation. For instance, “Why did he give them laws by Moses that they were to become rich and powerful… Yet his son, the man of Nazareth, gives contradictory laws, saying that a man cannot come forward to the Father if he is rich or loves power.”

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