Het Juridische Tijdschrift Gevestigd; Den Tex En Van Hall's 'Bijdragen Tot Regtsgeleerdheid En Wetgeving' (1826-1838)

1993 ◽  
Vol 61 (1-2) ◽  
pp. 97-119
Author(s):  
G.C.J.J. Van Den Bergh ◽  
C.J.H. Jansen
Keyword(s):  
Legal History ◽  
Legal Issues ◽  
Roman Law ◽  
Main Concern ◽  
Court Decisions ◽  
Legal Practice ◽  
Historical School ◽  
Legal Literature ◽  
Great Tradition ◽  
Law Professors

AbstractAfter some attempts in the eighteenth century and the first decade of the nineteenth, the law review finally established itself in the Netherlands with the Bijdragen tot Regtsgeleerdheid en Wetgeving, which C.A. den Tex and J. van Hall brought out in 1826. Under different names the review existed until 1894. The review naturally reflects current legal issues in its time and offers its readers valuable yearly surveys of new legislation, court decisions and legal literature appearing in France, Germany and England. The codification process is followed critically. There is as yet no trace of legalism. Court decisions get as much attention as legislation, if not more. But that is not the main concern. The advancement of legal scholarship in the great tradition of the famous Dutch school is an important motive of the editors. Roman law and legal history are very prominent. But law-professors are not; they are out-numbered by far by learned advocates. As far as Roman law is concerned the editors hold that since it is no longer in force, it must be studied historically. One is bound no more to the canon of texts in the Corpus Juris or the doctrines well established in legal practice for ages, but historically untenable. New finds like Gaius' Institutes and the Fragmenta vaticana are welcomed and studied assiduously. The influence of Savigny and the Historical School is prominent, but criticism does not fail. The editors publicly reject the formation of schools, because these inevitably create one-sidedness.

Tracing Legal History In Continental Civil Law

2018 ◽  
Author(s):  
Heikki Pihlajamäki
Keyword(s):  
Legal History ◽  
Global Politics ◽  
Roman Law ◽  
Historical Science ◽  
Legal Scholarship ◽  
Historical School ◽  
Introductory Note ◽  
Recent Trends ◽  
Post War

This chapter begins with a brief introductory note on the role of legal history in ancient Roman law, and the legal scholarship of medieval glossators and commentators. It then turns to the dominant schools of continental legal scholarship in the seventeenth and eighteenth centuries, the ‘Neo-Bartolists’ and the usus modernus pandectarum. It considers the rise of the Historical School in Germany and the corresponding movements elsewhere in continental Europe. Methodologically, the representatives of the Historical School were the first professional legal historians in the modern sense of the term. Finally, the chapter retells the story of the rise of European legal history in the post-war period, and the recent trends towards a creation of global legal histories. It shows that legal history’s turns have in many ways followed from not only legal scholarship in general, but also from developments in historical science and global politics.

Academic Feud, Bloodfeud, and William Welwood: Legal Education in St Andrews, 1560–1611-Part I

1998 ◽  
Vol 2 (2) ◽  
pp. 158-179 ◽  
Author(s):  
John W Cairns
Keyword(s):  
Seventeenth Century ◽  
Sixteenth Century ◽  
Legal History ◽  
Legal Education ◽  
Civil Law ◽  
Legal Culture ◽  
Roman Law ◽  
Joint Meeting ◽  
Academic Education

This article, in earlier versions presented as a paper to the Edinburgh Roman Law Group on 10 December 1993 and to the joint meeting of the London Roman Law Group and London Legal History Seminar on 7 February 1997, addresses the puzzle of the end of law teaching in the Scottish universities at the start of the seventeenth century at the very time when there was strong pressure for the advocates of the Scots bar to have an academic education in Civil Law. It demonstrates that the answer is to be found in the life of William Welwood, the last Professor of Law in St Andrews, while making some general points about bloodfeud in Scotland, the legal culture of the sixteenth century, and the implications of this for Scottish legal history. It is in two parts, the second of which will appear in the next issue of the Edinburgh Law Review.

Die Bedeutung des antiken jüdischen Rechts für das römische Recht und die antike Rechtsgeschichte am Beispiel der rabbinischen Rezeption und Modifikation der griechisch-hellenistischen diathēkē als dîjathîqî und der donatio mortis causa

2020 ◽  
Vol 137 (1) ◽  
pp. 39-69
Author(s):  
Matthias Armgardt
Keyword(s):  
Legal History ◽  
Close Relation ◽  
Roman Law ◽  
Jewish Law ◽  
In Memoriam

AbstractReuven Yaron (1924–2014) in memoriamThe importance of Ancient Jewish Law for Roman Law and Ancient Legal History – the example of the Rabbinic reception and modification of the Greco-Hellenistic diathēkē as dîjathîqî and the donatio mortis causa. This paper aims to show that ancient Jewish law is of greatest importance for interpreting Roman law and understanding ancient legal history. After exemplifying the close relation of the Pentateuch and the cuneiform law, we focus on the reception and modification of the Greco-Hellenistic diathēkē (testament), which came into Jewish law during tannaitic times as dîjathîqî and was reinterpreted by the rabbis as donation. Finally, we compare the rabbinic dîjathîqî and the Roman donatio mortis causa.

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.

Roman Law

2018 ◽  
Author(s):  
Clifford Ando
Keyword(s):  
International Law ◽  
Late Antiquity ◽  
Legal History ◽  
Public Law ◽  
Roman Law ◽  
Classical Period ◽  
National Context ◽  
Historical Factors ◽  
Medieval Europe ◽  
Contemporary Study

Roman law has been a system of practice and field of academic study for some 2,400 years. Today, the field enjoys unprecedented diversity in terms of linguistic, disciplinary, and national context. However, the contours of contemporary study are the product of complex and imbricated historical factors: the non-codification by the Romans of the classical period of their own public law; solutions taken in the classical period and later to resolve conflicts among sources of law of very different antiquity; the codification in late antiquity of academic jurisprudence regarding private law; the on-going prestige of Roman civil law in medieval and late medieval Europe, which made it a resource for analogical argumentation in both public and international law; and much else besides. This chapter evaluates the contribution made by some of these factors to Roman legal history as a contemporary endeavour, with an eye to its future.

A Review and Analysis of Prison Litigation Reform Act Court Decisions: Solution or Aggravation?

1997 ◽  
Vol 77 (4) ◽  
pp. 405-455 ◽  
Author(s):  
KATHERINE BENNETT ◽  
ROLANDO V. DEL CARMEN
Keyword(s):  
Due Process ◽  
Separation Of Powers ◽  
Legal Issues ◽  
District Court ◽  
Court Decisions ◽  
District Courts

On April 26, 1996, Congress enacted landmark legislation aimed at curtailing meritless inmate litigation and restricting remedies for prison condition lawsuits. This legislation, the Prison Litigation Reform Act (PLRA), is briefly summarized in this article. Five areas of constitutional challenges to the PLRA at the appellate and district court level are reviewed. Eleven legal issues raised by the PLRA are inconsistent decisions among circuit and district courts, particularly in the areas of separation of powers and due process violations.

scholarly journals State Owned Enterprises Finance from the Perspective of State Funds

Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 363
Author(s):  
Sopian Sitepu
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Company Law ◽  
Legal Issues ◽  
Clear Distinction ◽  
Constitutional Court ◽  
Court Decisions ◽  
State Budget ◽  
Legal Subject ◽  
The Status

The existence of State-Owned enterprises (SOE) as one of Indonesia’s legal entities, whereby the State owns part of all of the capital of the company has presented several legal issues. The BUMN Act that has become the basis for establishing State-Owned enterprises has become its own independent legal subject and separates itself from the wealth of the State and has adhered to the provisions of the Company Law Act so that the capital that is presented by the State to the corporation remains as the capital of the SOE and not form the State. However, existing legislations regarding State funds places the funds for SOE as being part of the State budget. This ambiguity in the status of BUMN Funds is not only found in legislations but also in two different constitutional court decisions that presents inconsistencies towards law enforcers. This clear distinction is crucial in the practice of law enforcement in Indonesia.

scholarly journals Roman law and the development of legal science in S.A. Muromtsev’s concept

2019 ◽  
pp. 191-199
Author(s):  
L. V. Batiev
Keyword(s):  
Historical Development ◽  
Scientific Practice ◽  
Roman Law ◽  
Scientific Concept ◽  
Special Role ◽  
Historical School ◽  
Theoretical Approaches ◽  
History Of ◽  
Legal Thinking ◽  
History Of Law

The predominant interest of S.A. Muromtsev in Roman law and jurisprudence (legal thinking) in the 1870-1880s is due to their special role in the history of law and in the legal system of modern Europe, as well as the science of civil law. His research in this area was not so much historical as theoretical. It was works on Roman law that formed the S.A. Muromtsev’s scientific concept. Based on the analysis of the problem of the conservatism of Roman jurisprudence, S.A. Muromtsev, following R. Iering and contrary to the historical school, comes to the conclusion that the content of law is causally dependent on the needs of civil life and the activity of legal thinking (jurisprudence in the broad sense), formulating new standards in the struggle of ideas and goals. With this approach, along with economic and other factors of the development of society and its needs, to understand the development of law, it is important to study the properties of legal thinking in its historical development. The combination of historical and theoretical approaches to the study of law and legal thinking seems fruitful, but little realized in scientific practice.

Introduction

2017 ◽  
Author(s):  
Jonathan Goldman
Keyword(s):  
Public Space ◽  
Legal History ◽  
Legal Issues ◽  
Finnegans Wake ◽  
Marital Infidelity ◽  
Legal Regimes ◽  
The Law ◽  
Insight Into

The introduction offers an overview of legal issues pertaining to James Joyce's life and work. It reviews the previous criticism on this topic and summarizes/previews the contents of the volume. These synopses become the basis of Goldman's argument that research in legal history offers new insight into the implications of narrative developments in Joyce's Dubliners, A Portrait of the Artist as a Young Man, Ulysses, and Finnegans Wake. These writings include scenes inflected by laws governing, for example, alcohol, public space, marital infidelity, and tenancy. Joyce's work can be seen as critiquing these and other legal regimes. Goldman argues that reading Joyce alongside the law supports and enriches current strategies in Joyce and modernist scholarship.

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