scholarly journals Repudium i jego skutki prawne w świetle kodyfikacji Justyniana

2018 ◽  
Vol 64 (2) ◽  
pp. 61-81
Author(s):  
Sławomir Patrycjusz Kursa

Among the allowable forms of termination of marriage in Justinian law were repudium and divortium. At the time of Christian emperors, however, under the influence of the views of the Christian Church, those practices were often criticised and there were attempts to limit, or restrict their use. The paper deals with repudium at the stage of codification. It must be said that at that stage Justinian did not introduce any radical changes to the existing foundations of the previous regulations. However, he distanced himself from the Church doctrine, and skilfully assessed the social expectations and needs, pointing, at the same time, that termination of marriage is a necessary evil, and it is the innocent children who suffer as a result thereof. Hence the welfare of the children (favor liberorum) was for Justinian one of the main reasons for restricting the right of a unilateral repudiation of marriage. The provisions of the former law that Justinian decided to uphold, were discriminatory against women, particularly with regards to penal sanctions for unjustified repudium. Undoubtedly, his major contribution to the regulation of matrimonial law was recognition of the husband’s incapacity of fulfilling his marriage duties as a ground for the wife’s repudium bona gratia. Another provision that is noteworthy and for which Justinian must be acknowledged is introduction of provisions securing alimony to the abandoned spouse and children in the event of a marriage without dowry. The measures undertaken by Justinian at the codification stage of the reformed matrimonial and family law constitute an unquestioned preliminary draft of the subsequent reformed law made in the Novellae.

Author(s):  
Cornelia Römer

The church fathers were appalled in particular by the Gnostics' condemnation of creation. But the fact that much of their teaching was in many respects not so far from Christian dogma must have disturbed the advocates of the “real” Christian church. In some of these Gnostic systems, Christ was the main savior figure; in others, it was the forefathers of the Old Testament who guaranteed salvation; in Manichaeism, it was the new Messenger of Light, the apostle Mani, who, coming after Christ, would finally give the right revelation to the people and excel Christ in doing so. This article deals with religious groups such as these as they existed in Egypt in the Roman and late antique periods. Papyrology has played a decisive role in our understanding of the religious movements of the first centuries ce in Egypt and elsewhere in the Mediterranean.


Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.


Archaeologia ◽  
1827 ◽  
Vol 21 ◽  
pp. 499-500 ◽  
Author(s):  
Robert T. Stothard
Keyword(s):  

The accompanying Drawing (Pl. XXII.), which I beg leave to exhibit to your Lordship and the Society, was made in the autumn of 1824, from an Effigy then lately discovered in the church of Stevenage in the county of Hertford.


2020 ◽  
Vol 20 (3) ◽  
pp. 433-452
Author(s):  
Corina Heri

ABSTRACT In 1948, Article 17 of the Universal Declaration of Human Rights (UDHR) pioneered a right to (individual and collective) ownership of property. Today, the right to property—specifically the social function of property, which was a mainstay of the discussions—can be linked to the idea of a human right to land, which has been particularly prevalent in the discourse concerning the creation of human rights protections specific to peasants. The peasant rights process highlights a number of normative and implementation gaps in international human rights law, including relating to land use and tenure. The present contribution will argue that the claims made in this context are neither new nor niche but relate to universal human rights entitlements and have existed at least since the drafting of the UDHR. They are not only an iteration of an age-old class struggle but are at the forefront of a contemporary critique of the existing international legal system as a whole. While existing human rights, including the right to property, can be part of a response to these critiques, however, neither peasant rights nor the activists who promote them can be expected to resolve them alone.


Worldview ◽  
1972 ◽  
Vol 15 (11) ◽  
pp. 43-46
Author(s):  
Eleutherius

In 1970 I was told by a ranking SED (Sozialistische Einheitspartei Deutschland) party member: “If you think Walter Ulbricht has been a severe taskmaster, wait until he steps down and his crown prince, Erich Honecker, takes the party leadership. Ulbricht at first tried to imitate the Soviet Union slavishly, but he finally came to see that Germany is not the Soviet Union, that the DDR would have to develop its own brand of socialism. Honecker is much more subservient to Moscow than Ulbricht and much more blind to the social and political importance of the Christian Church.” In the mid-fifties, Ulbricht learned that persecuting the Church did not pay political, social or economic dividends.


Author(s):  
Matthew Wayne Knox ◽  
Joseph Crawford ◽  
Jo-Anne Kelder

Despite their inherent complexity, social entrepreneurs seek to create social innovation to stem society's wicked problems. To do so requires a balanced consideration of varying social expectations, all while trying to lead a sustainable enterprise. Educators look to equip the social entrepreneur with the right skills and mindset; with program failure, sadly, more common than not. This chapter seeks to explore the commonalities of such failures, highlighting the importance of behavioral development and facilitating an effective learning environment. Following an investigation into the notion of social entrepreneurship, authentic leadership is identified as a response some of the shortcomings of contemporary entrepreneurship education. The incorporation of authentic leader behaviors in entrepreneurial education can offer an injection as the social entrepreneur seeks to address the various challenges of social enterprise.


1988 ◽  
Vol 22 (3) ◽  
pp. 365-376
Author(s):  
Michael P. Stathopoulos

As our subject is the secularization of Greek Family Law, we may presume that this part of our legal system is not as yet secular or at least not exclusively so. Indeed, the strong influence of religious conceptions, particularly those of the Greek Orthodox Christian Church is an historical feature of Greek Family Law. This tradition is explained by the close relations in general between Church and State in Greece, relations which are rooted in the Byzantine era. The determinant importance of the Church in Greek society reached its peak during the period of the Ottoman occupation (1453-1821), when there was no Greek State and the Orthodox Church was its substitute. I think that we may find a parallel here between the Greek people and their religion and the Jewish people and their religion. After the national revolution of 1821, and with the regaining of their independence, the Greek people were organized in a secular state, retaining, however, important features of a religious character, in accordance with the nation's historical tradition.


2019 ◽  
pp. 169-188
Author(s):  
Jana Riess

This chapter discusses the social and political views among current and former Mormons. Since World War II, Mormons have been recognized for their conservative moral values, staunch patriotism, and commitment to the nuclear family. Those core values are still very much present with older generations of Latter-day Saints, though one sees political dilution among millennials who remain active in the Church; the Next Mormons Survey (NMS) finds that millennial Mormons are more conservative than their non-Mormon millennial peers but more progressive than their Mormon elders. Whether Mormon millennials will veer to the right as they age is unclear; there may be an age effect associated with political views, since conventional wisdom dictates that people tend to become at least slightly more conservative as they grow older. Meanwhile, in the former Mormon population, rather than a dilution of the conservative political agenda, one sees an outright rejection of many parts of it.


1882 ◽  
Vol 10 ◽  
pp. 1-74 ◽  
Author(s):  
Cornelius Walford

Kings' Briefs, under a variety of designations—as Kings' Letters, Orders in Council, Patents of Alms, Letters Patent, Fire Briefs, Church Briefs, Charity Briefs, Commissions, Royal Letters, &c, &c.—have played an important part in the social history of this country, and yet our national historians have been remarkably silent concerning them; as indeed they have been upon many other matters of great social interest. It seems hardly necessary to say that the term “Brief” has several significations. In its more common acceptation it is a short writing or epitome, as an abridgment of a law case, made out for instruction to counsel, or indeed any short statement of facts. But there are “Apostolical Briefs,” being letters or written messages of the Pope, addressed to princes or magistrates, respecting matters of public concern.* It is not to these exclusively that we must look for light in the present instance. The word was, in early times, written “Breve,” and Cowell, in his Law Dictionary, says, “Any writ or precept from the King was called Breve; which we still retain in the name of Brief, the King's Letters Patent to poor sufferers, for Collection.” The general title of “King's Briefs” used in England, is traceable to the fact that these documents, under whatever designation adopted, or for whatever purpose designed, were in later times issued under the direct authority of the sovereign; at first under his personal authority, but later under the authority of the Council, through the Lord Chancellor. But it will be made clear that the Church exercised the right of issuing them, not only prior to, but apparently coeval with the sovereign at one period.


2003 ◽  
Vol 8 (4) ◽  
pp. 8-15
Author(s):  
John Brewer

Sexuality is an obsession of the Christian Church. It is one of the social behaviours that it has tried most to control amongst its flock and yet the Christian Church has failed to prevent the encroachment of modern attitudes towards sex and sexuality into the Church as an institution. The furore over the proposed appointment of an openly gay bishop in the Church of England is but the latest expression of this tension. However, this paper argues that this debate needs to be placed in a much broader context, namely, the hermeneutical problem of the authority of the Bible, which is itself only one part of a wider sociology of the Bible. The current debate on sexuality in the Church highlights the need for sociology to begin to apply its way of thinking to the Bible.


Sign in / Sign up

Export Citation Format

Share Document