D. 41,2,3,21: Titulierte Besitzarten, Erwerbsgründeund das unum genus possidendi

2013 ◽  
Vol 81 (3-4) ◽  
pp. 527-559
Author(s):  
Eric H. Pool
Keyword(s):  
Roman Law ◽  
Negative Effects ◽  
Distinctive Features ◽  
Depth Analysis ◽  
Different Types ◽  
The Law ◽  
The Many

D. 41,2,3,21 turns on the issue of how possessio is to be divided. Understanding its content presupposes making a distinction that was self-evident for the Roman jurist but has never been made by later scholars of Roman law. They do not distinguish the varying ‘causes’ of possession (pro emptore … pro suo) which mark different types of lawful possession, and the ‘causes’ of acquisition (causae adquirendi) which justify obtaining possesion as by an owner. Taking a legally valid sale as an example the distinctive features of (possessio) pro emptore in contrast to emptio are established as well as their relevance for procedural practice. In particular there are no less than six forms of action in the law of inheritance for which these features are relevant. Next, the many negative effects of failing to make this distinction are indicated. There follows an in depth analysis and interpretation of the main phrases in Paul’s text: (i) quod nostrum non est; (ii) causae ad­­quirendi, in particular iustae causae traditionis; (iii) unum genus possidendi; (iv) species infinitae.

scholarly journals Beatty, J.F., and the Law of Manslaughter

2010 ◽  
pp. 651 ◽  
Author(s):  
Larry C. Wilson
Keyword(s):  
Criminal Code ◽  
Supreme Court Of Canada ◽  
Clear Separation ◽  
Current State ◽  
Different Types ◽  
Actus Reus ◽  
Emerging Issues ◽  
The Law ◽  
The Many ◽  
Made In

In this article, the author argues that the recent Supreme Court of Canada decisions in R. v. Beatty and R. v. J.F. have clarified several of the issues that have plagued the increasingly complicated offence of manslaughter. In particular, the decisions address the redundancy among the many manslaughter provisions in the Criminal Code, the need to define a clear separation between actus reus and mens rea, and the need to establish distinct categories of objective fault for different types of manslaughter offences. The author examines the legal background of these decisions as well as the current state of the law. He concludes by identifying emerging issues relating to the offence of manslaughter, arguing that the law remains convoluted and in need of urgent reform despite the progress made in the Beatty and J.F. decisions.

Theories of Choice and the Law—An Introduction

2021 ◽  
pp. 1-16
Author(s):  
Stefan Grundmann ◽  
Philipp Hacker
Keyword(s):  
The Past ◽  
Legal Problems ◽  
Different Types ◽  
The Law ◽  
The Many

This introduction highlights the importance of theories of choice for the law, but it also stresses the need to distinguish and decide between different types of choice theories for concrete legal applications. It first discusses the problem of selecting an appropriate theory of choice, from the many varieties that have developed in the past decades, for a specific regulatory problem. Second, it advocates making explicit the sometimes hidden epistemic and normative assumptions behind choice-theoretic models. Third, it argues for a genuinely normative assessment, and a conceptual reconstruction, of theories of choice before their application to specific legal problems. The chapter concludes with an overview of the four Parts of this volume.

scholarly journals WYBRANE ASPEKTY PRAWNE W ‘HISTORIA AUGUSTA’

2017 ◽  
Vol 16 (4) ◽  
pp. 37
Author(s):  
Ludomir Bogacz
Keyword(s):  
Roman Law ◽  
Private Law ◽  
Depth Analysis ◽  
Historia Augusta ◽  
The Law

Private Law in the ‘Augustan History’SummaryThe author of Historia Augusta (The Augustan History) had some knowledge of the law. He knew, for instance, that the emperor had to issue his consent for an act of adrogation to be valid, but failed to describe its procedure correctly. He knew that the lex Fufia Caninia limited manumission to a maximum of one hundred slaves, but he did not know that this law was applicable only to testamentary manumissions.The biographer displayed his knowledge but distorted and fabricated history. However, as his acquaintance with the law was limited and pertained to the law in force at a much later period, it was wrong on the particulars in force earlier. In-depth analysis of the Historia Augusta with reference to Roman law may be helpful in telling fact from fiction in this extraordinary work.

scholarly journals The Social Injustice of Parental Imprisonment

2020 ◽  
Vol 7 (2) ◽  
pp. 299-320
Author(s):  
William Bülow ◽  
Lars Lindblom
Keyword(s):  
Social Injustice ◽  
Luck Egalitarianism ◽  
Negative Effects ◽  
Common View ◽  
The Social ◽  
Children Of Prisoners ◽  
Different Types ◽  
Fair Equality Of Opportunity ◽  
The Many ◽  
Luck Egalitarian

AbstractChildren of prisoners are often negatively affected by their parents’ incarceration, which raises issues of justice. A common view is that the many negative effects associated with parental imprisonment are unjust, simply because children of prisoners are impermissibly harmed or unjustly punished by their parents’ incarceration. We argue that proposals of this kind have problems with accounting for cases where it is intuitive that prison might create social injustices for children of prisoners. Therefore, we suggest that in addition to the question of whether children of prisoners are impermissibly harmed, we should ask whether the inequalities that these children endure because of their parent’s incarceration are objectionable from a social justice perspective. To answer this latter question, we examine the negative effects associated with parental imprisonment from the perspective of luck egalitarianism. We develop a luck egalitarian account that incorporates insights from the philosophy of childhood. On our account, children of prisoners might endure two different types of objectionable inequalities, since they are often deprived of resources that are important for ensuring fair equality of opportunity in adulthood, but also because they are likely to suffer inequalities in terms of childhood welfare. After defending this account, we explore its implications for policy.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

A Comparative Overview of the Fair Wear and Tear Exception: the Duty of Holders of Temporary Interests to Preserve Property

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina
Keyword(s):  
Common Core ◽  
Complete Solution ◽  
Roman Law ◽  
Private Ownership ◽  
Legal Systems ◽  
Personal Rights ◽  
Wear And Tear ◽  
Long Life ◽  
The Law ◽  
The Relationship

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

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.

Effects of Cigarette Smoking in Adults

2016 ◽  
Vol 3 (1) ◽  
Author(s):  
Lana Lan Chan
Keyword(s):  
Smoking Cessation ◽  
Cigarette Smoking ◽  
Direct Effects ◽  
Negative Effects ◽  
Adverse Health Effects ◽  
Health And Wellbeing ◽  
Health Promoting ◽  
The Many ◽  
Physical Consequences ◽  
Health Canada

First-hand cigarette smoking is known to result in adverse health effects in adults, influencing wellbeing physically and mentally. The most prevalent physical consequences are cardiovascular diseases, cancer of the throat and oral cavities, diseases of the bowel, eye, respiratory system, and reproductive system. Arguably, direct effects of tobacco smoking have been said to affect mental aspects of wellbeing such as depression, mood, and anxiety disorders. Undoubtedly smoking comes with many negative effects, but with implementation of smoking cessation strategies, it is possible to strengthen the overall health and wellbeing of smokers. As such, Health Canada recognizes the many health benefits associated with smoking cessation, by delivering health-promoting campaigns that strongly urge, it is not too late to quit.  

Sam Domains in Multiple Diseases

2020 ◽  
Vol 27 (3) ◽  
pp. 450-476 ◽  
Author(s):  
Marian Vincenzi ◽  
Flavia Anna Mercurio ◽  
Marilisa Leone
Keyword(s):  
Disease Onset ◽  
Protein Domain ◽  
Sam Domain ◽  
Different Types ◽  
Protein Functions ◽  
Helical Protein ◽  
The Many ◽  
Novel Therapeutic Strategies ◽  
Novel Drug ◽  
Pathological Event

Background: The sterile alpha motif (Sam) domain is a small helical protein module, able to undergo homo- and hetero-oligomerization, as well as polymerization, thus forming different types of protein architectures. A few Sam domains are involved in pathological processes and consequently, they represent valuable targets for the development of new potential therapeutic routes. This study intends to collect state-of-the-art knowledge on the different modes by which Sam domains can favor disease onset and progression. Methods: This review was build up by searching throughout the literature, for: a) the structural properties of Sam domains, b) interactions mediated by a Sam module, c) presence of a Sam domain in proteins relevant for a specific disease. Results: Sam domains appear crucial in many diseases including cancer, renal disorders, cataracts. Often pathologies are linked to mutations directly positioned in the Sam domains that alter their stability and/or affect interactions that are crucial for proper protein functions. In only a few diseases, the Sam motif plays a kind of "side role" and cooperates to the pathological event by enhancing the action of a different protein domain. Conclusion: Considering the many roles of the Sam domain into a significant variety of diseases, more efforts and novel drug discovery campaigns need to be engaged to find out small molecules and/or peptides targeting Sam domains. Such compounds may represent the pillars on which to build novel therapeutic strategies to cure different pathologies.

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