scholarly journals „Dla powszechnego rozwoju, podniesienia i poprawy naszego księstwa”. Lokacje miast mazurskich w Prusach Książęcych (1525-1701)

2018 ◽  
Vol 69 (2) ◽  
pp. 23-46
Author(s):  
Grzegorz Białuński

The article presents the process of creation of new towns in the Duchy of Prussia (1525-1701), which later became Masuria. More specifically, the paper describes how a hamlet received a location privilege. The establishment of towns described here (Olecko, Gołdap, Węgorzewo, Giżycko,Pisz and Ełk) was initiated by Albert, the Duke of Prussia (1525-1568). He was motivated by the idea partially formulated in the location privilege: “For the general growth, elevation and betterment of our duchy”. The duke personally granted the location privilege only to Olecko, which was the sole town established on previously unsettled land. In the remaining cases, he only gave a verbal promise. This did not guarantee a rapid grant of thelocation privilege as the promise was fulfilled by the duke’s successors in the remaining cases. It happened first in case of Gołdap and Węgorzewo, just several years after the promise had been made. It took a little longer in case of Giżycko (after several decades), while Pisz and Ełk had to wait the longest (almost or more than 100 years). Each town had its own different origins. Gołdap was created quickly (1565-1570) on an area which used to be a duke’s grange. Węgorzewo, Giżycko, Pisz and Ełk waited for several hundred years for a legally binding location privilege. It is important to note that each of the aforementioned towns was established near a former castle of the Teutonic Order. Moreover, the hamlets which developed near the former castles had a different status but they all performed a market or craft function. With time, this function served as a basis for applying for the town privilege. The market function was originally carried out by the peasant hamlets in Węgrorzewo and Giżycko, even though the towns were createdon the tenant farmer villages. Furthermore, the old peasant hamlets still functioned but as the contemporary out-of-town jurydykas (German Schloβfreiheit). Pisz was established on the basis of an old peasant hamlet and it never was a tenant farmer village. In case of Ełk it was the exact opposite, there never was a separate peasant hamlet. The tenant farmervillage located there evolved into a town. Only two towns were founded due to the inhabitants’ initiative, namely Olecko and Gołdap. The remaining ones were established collectively by the whole community. Most frequently, it took place with the participation of the inhabitants of the former hamlets (Giżycko, Pisz, and Ełk). The former inhabitants did not participate in the process of town building only in the case of Węgorzewo and Gołdap.Generally speaking, each location privilege described here gave the towns the so-called town privilege (German Stadtrecht). It described in detail the area of land and the type of the town privilege which was granted (Culm law in each case). Moreover, it allowed the creation of town authorities (mayor, council and bench) and granted them the option to issue documents and statutes (German Willkür) as well as allowed them to possess a seal. Furthermore, it allowed the towns to organize markets and fairs on certainfixed dates as well as regulated the rights and obligations of the townsmen. Even though the location privilege formally meant the end of the town creation process as far the law was concerned, it did not mean that it was the end of its formation. Further steps had to be made to constitute the authorities and the bench, to write statutes (German Willkür), guild regulations, etc.


2020 ◽  
pp. 13-26
Author(s):  
K.I. Apanasenko ◽  

Ukrainian courts consider many cases related with using of norms of permissive legislation in a sphere of economic activity. The purpose of an article is to analyze a court’s rulemaking in cases on permissive relations in spheres of the town-building and the defense of an environment. The author presents and explores some legal positions of the Supreme Court. For example, there are such positions as: 1) absence of a legislation on a special permissive relations doesn’t give a right to do business without appropriate permits; 2) control organs have no power to obligate the economic subjects to receive permits in a situation as the Ukrainian Government hasn’t established a mechanism of giving permits; 3) violations of legislation during realization of rights based on permissive documents have to be confirmed in acts of authorized state organs/permissive organs drafted after the measures of the state supervision (control) in a sphere of economic activity. The author investigates court’s practice of the using of means of provision of obligations by subjects of permissive legal relations. There are court’s decisions on a suspension of enterprises/buildings which violate demands of economic and ecological legislation in a process of a realization of rights for economic operations in accordance with permissive documents. The court’s practice of using of a principle of acquiescence is analyzed in details. This analysis has concluded a declarative character of acquiescence. The author considers that in such cases court has to constitute conditions for a using of the acquiescence or its absence and to use this principle if there are enough conditions. The court’s decisions in cases about the economic operations realized without permits are investigated in the article. The analysis gives a reason to conclude that contemporary concept of a legal interest, which used by courts narrows possibilities for the defense of rights of citizens and organizations violated by breaches of an economic legislation of owners of permissive documents and nonlegal inaction of permissive organs. In addition, the author has proposed some changes for The Law of Ukrainian "On the permissive system in a sphere of economic activity".



2017 ◽  
Vol 38 (1) ◽  
Author(s):  
Hulisani Ramantswana

This article examines the use of Scripture and tradition in Sirach 16:24�17:14, which is a retelling of the creation stories. Ben Sira as an interpreter of Scripture utilised interpretive traditions or exegetical motifs that were in circulation during his time to provide instruction for his generation. His indebtedness to Scripture is evident from the quotations from Scripture and his use of scriptural language. In his retelling of the creation stories, he made use of the exegetical motifs that were in circulation, adapting them within the wisdom interpretive framework. He also rejected the tendency to blame evil on external agencies such as fallen angels and downplayed the gap between the creation process and the giving of the law at Sinai.Intradisciplinary and/or interdisciplinary implications: The article is an exegetical inquiry of the extra-biblical text of Ben Sira in dialogue with Scripture and with other exegetical traditions which were in circulation in the Second Temple period. The article highlights the indebtedness of Ben Sira to both Scripture and tradition, and also noting Ben Sira�s own creativity in the use of Scripture and tradition in his retelling of creation story



2019 ◽  
Vol 7 (4) ◽  
pp. 43-49
Author(s):  
Katyaa Nakova-Tahchieva

The present work is part of a research paper for which I extend my heartfelt thanks to Assoc. Prof. Dr. Valko Kanev. It examines some specifics of the artistic creation process that lead to the creation of one of the types of written student texts - the narration. Its variations - "narration by imagination" and "narration by set supports" are regulated in the new fifth grade curriculum. The requirements for writing a narration and the exemplary thematic curriculum of optional literature classes in the 7-tgrade have proven to be applicable in the literature education process.



1983 ◽  
Vol 15 (1) ◽  
pp. 47-57 ◽  
Author(s):  
R. Calderon

The natural region of the Jara, with an area of 2500 km2 occupies much of the south west of the province of Toledo, and extends into the provinces of Caceres and Ciudad Real. It is situated between the Tajo and Guadiana rivers, south of the town of Talavera de la Reina, the centre of the economic life in this region. Its highlands are covered with xerophytic vegetation, of which the most common plant is the jara (Cistus ladaniferus), from which this zone takes it name, (Fig. 1). It has been occupied from the neolithic period onwards by peoples of different origins, e.g. Romans, Muslims, Jews, Mozarabs (Jimenez de Gregorio, 1959) but the present population derives from settlement from the north of the Tajo river beginning in the 14th century following the upheavals of the Moslem–Christian wars.



2008 ◽  
Vol 21 (1) ◽  
pp. 129-148 ◽  
Author(s):  
David Lefkowitz

As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. What makes the customary rule law is adherence by officials in the international legal system to a rule of recognition that treats custom as a source of valid law. Confusion over this distinction arises because in the international legal system the same agents whose beliefs give rise to a customary rule are the legal officials whose adherence to the rule of recognition leads them to deem that rule legally valid. The proposed solution to the chronological paradox employs H.L.A. Hart’s analysis of the concepts of law and a legal system, and in particular, the idea of a rule of recognition. Yet Hart famously denies the existence of a rule of recognition for international law. Hart’s denial rests on a failure to distinguish between the ontological and authoritative resolution functions of a rule of recognition, however. Once such a distinction is drawn, it can be argued that customary international law rests on a rule of recognition that serves the ontological function of making customary norms legal, though not the authoritative resolution function of settling disputes over the alleged legality of particular norms.



2016 ◽  
Vol 111 ◽  
pp. 269-297
Author(s):  
Richard Hodges ◽  
Erika Carr ◽  
Alessandro Sebastiani ◽  
Emanuele Vaccaro

This article provides a short report on a survey of the region to the east of the ancient city of Butrint, in south-west Albania. Centred on the modern villages of Mursi and Xarra, the field survey provides information on over 80 sites (including standing monuments). Previous surveys close to Butrint have brought to light the impact of Roman Imperial colonisation on its hinterland. This new survey confirms that the density of Imperial Roman sites extends well to the east of Butrint. As in the previous surveys, pre-Roman and post-Roman sites are remarkably scarce. As a result, taking the results of the Butrint Foundation's archaeological excavations in Butrint to show the urban history of the place from the Bronze Age to the Ottoman period, the authors challenge the central theme of urban continuity and impact upon Mediterranean landscapes posited by Horden and Purcell, inThe Corrupting Sea(2000). Instead, the hinterland of Butrint, on the evidence of this and previous field surveys, appears to have had intense engagement with the town in the Early Roman period following the creation of the Roman colony. Significant engagement with Butrint continued in Late Antiquity, but subsequently in the Byzantine period, as before the creation of the colony, the relationship between the town and its hinterland was limited and has left a modest impact upon the archaeological record.



2021 ◽  
Vol 64 (2) ◽  
pp. 62-83
Author(s):  
Svetlana S. Neretina

In the essay “Conversation about Dante,” Mandelstam described logic, which he defined as the “realm of unexpectedness,” which is unlike any everyday logical construction. Based on the analysis of Mandelstam’s text, it is assumed that we are talking about a tropology that arose in the Middle Ages, the principles of which can be derived from studies of St. Augustine’s treatise De Dialectica and Petrus Сomestor’s Historia Scholastica. It is this triple commonwealth (Augustine – Comestor – Dante, read by Mandelstam) that creates the multilayered logical framework of the work. Augustine created a completely different dialectic than in classical antiquity. Augustine considers dialectics as an art of discussion and describes the real steps that contribute to the emergence of speech, which corresponds to Mandelstam’s concept of conversation. According to Augustine, at the basis of any speech, is a trope-turn. In the article, attention is drawn to the sound nature of creation process. This logic, used in explaining the creation of the world according to the logos/word (tropology), assumes that, at the basis of the speech act, there is no the word as a unit of speech, but the sound itself – the sound, which was considered initially equivocal (ambiguous). In the process of pronounciation, the sound could turn into its opposite and could change the meaning of speech if the context has been changed. Dante expressed the meaning of tropology in practice. Mandelstam wrote that he had chosen Dante for the conversation (between poet and poet) “because he is the greatest and indisputable master of reversible and reversing poetic substance.” Mandelstam saw Dante as the Descartes of metaphor.



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