On the Role of Roman law in the Crusader States: Allocation of Risk and the Ransom of Captives

2021 ◽  
pp. 95-114
Author(s):  
Tomislav Karlović
Keyword(s):  
Roman Law ◽  
Crusader States

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.

scholarly journals KILKA UWAG O BADANIACH NAD ROMANIZACJĄ STATUTÓW LITEWSKICH

2017 ◽  
Vol 2 (2) ◽  
pp. 71
Author(s):  
Sławomir Godek
Keyword(s):  
Family Law ◽  
Roman Law ◽  
Property Law ◽  
The Third ◽  
Procedural Law ◽  
Fertile Ground ◽  
The Subject ◽  
Law Of Succession ◽  
Made In

SOME REMARKS ON THE STUDY OF THE ROMANIZATION OF LITHUANIAN STATUTESSummary The article is dedicated to the issues connected with the reception of Roman Law in the Lithuanian statutes of 1529, 1566, and 1588. After an analysis of the existing scholarly accomplishments in the field, one cannot but conclude that the study of the influence of the Roman Law on Lithuanian codifications has hardly been started yet. Despite the fairly long tradition of research in this field, so far only selected elements of the first and second statutes have been analyzed in order to identify Roman constituents. The research carried out in 1930s by Raphael Taubenschlag, Franciszek Bossowski, and Karol Koranyi demonstrated which Roman Law noticeably influenced the statutory regulations pertaining to family law, law of property, law of succession, criminal and procedural law. Their observations partly confirmed the findings previously made in the nineteenth century by Aleksander Mickiewicz, Franciszek Morze, and Ignacy Daniłowicz. At the same time, nothing is still known about the scope of Romanization in the third Lithuanian statute or about the transformations which Roman elements underwent in each of the statutes. Without further study of the subject, one cannot assess the role of Roman law in the Commonwealth (Rzeczpospolita).It seems that the most fertile ground for identification of Roman elements in the third Lithuanian statute is tutorship and succession law, especially testamentary succession. Some interesting and original observations could be made on the basis of a more thorough comparative analysis of the pertinent Roman and Lithuanian regulations.

Part I Histories, Ch.2 Roman Law and the Intellectual History of International Law

2016 ◽  
Author(s):  
Lesaffer Randall
Keyword(s):  
International Law ◽  
Intellectual History ◽  
Middle Ages ◽  
Roman Law ◽  
Late Middle Ages ◽  
History Of ◽  
History Of Law ◽  
History Of International Law ◽  
Roman Antiquity

This chapter describes the role of Roman law—whose influence has been largely underestimated in recent scholarship—in the intellectual history and development of international law. To that end, the chapter offers a general survey of the historical interactions between Roman law and international law, drawing from general insights into the intellectual history of law in Europe that have remained remarkably absent in the grand narrative of the history of international law. The focus is on the periods in which these interactions were most pronounced. Next to Roman Antiquity, these are the Late Middle Ages (eleventh to fifteenth centuries) and the Early Modern Age (sixteenth to eighteenth centuries).

Hinweise zur Geschichte der Präsumptionen

2016 ◽  
Vol 102 (1) ◽  
Author(s):  
Mathias Schmoeckel
Keyword(s):  
Canon Law ◽  
Roman Law ◽  
History Of

AbstractAspects of the History of Presumptions. Modern research on medieval presumptions shows the role of canon law in the development of this highly artificial legal device. Presumptions may even be proof of a sophisticated jurisprudence. Without a dogmatic model in Roman law, the decretals started to collect presumptions and develop a doctrinal system of different sorts and grades. These collections not only led to famous works by Alciato, Menochius, and Mascardus; they also led to the recognition of inherent difficulties: A judicature based on a system of presumptions transfers prejudices into final verdicts. For this reason, presumptions lost their appeal to lawyers and even acquired a bad reputation, at least in some countries. To some extent, therefore, canon law rules and maxims still function today.

scholarly journals TANAH ASET PT. PANCA WIRA USAHA MILIK PERUSAHAAN DAERAH PROPINSI JAWA TIMUR DIDUDUKI MASYARAKAT

2018 ◽  
Vol 3 (2) ◽  
pp. 173-188
Author(s):  
Karyoto Karyoto
Keyword(s):  
Land Tenure ◽  
Legal Aspects ◽  
Provincial Government ◽  
City Government ◽  
Customary Law ◽  
Roman Law ◽  
Legal Entity ◽  
The Public ◽  
Local Officials

The origin of land asset PT Panca Wira Usaha owned by East Java Province company, obtained from former land of western rights, relics of Dutch company at the time of colonize in Indonesia. Dutch dominate the land through Verenigde Oost - Indische Compagnie (VOC). VOC is a Dutch-owned legal entity engaged in trade. Before VOC control land in Indonesia, the control of the land is still done by Kings in the territory of his power, as well as by the customary law community within its territory. When the VOC came to Indonesia around 1577 with the intention to trade and made the kingdom of Mataram a protectorate and since then the role of local officials gradually began to change. The arrival of VOC in Indonesia aims for the following matters: Prevent competition among Dutch traders Obtain a trade monopoly in south Asia or exclusively master the spices both in producing and trading VOC as a Dutch-owned legal entity engaged in trade, it is a little more know the public legal aspects as the influence of Roman law, although no relation belongs to the land, but VOC make agreements with the landowners as if to voc charge as an obligation to rent land through an agreement that is essentially so that the visible aspect of democracy appears. The Dutch Government established factories in big cities after the VOC successfully mastered inland village for agriculture, plantation and others. One of the factory is Oil Factory "N. V OLIEFABRIEKEN INLINDIE" or known as "Pabrik Minyak Nabati-Yasa PT Panca Wira Usaha", located in Kediri City Government of East Java Province, which is currently a problem between PT Panca Wira Usaha, East Java Provincial Government Owned Enterprises with the Community of the landowners. The main issue is the provisions of the Law regulating the Dutch Heritage Company, such as Law No. 86 Of 1958 about the nationalization of Dutch-owned enterprises in Indonesia, not supported by UUPA No. 5 Of 1960 on the basic rules of agrarian basic. While UUPA No. 5 Of 1960 has not been clear in explaining and describing the meaning and substance of the land of the former western rights of the Dutch company, resulting in land tenure by the community.

scholarly journals Historical Bibliometrics Using Google Scholar: The Case of Roman Law, 1727–2016

2020 ◽  
Vol 5 (3) ◽  
pp. 18-32 ◽  
Author(s):  
Janne Pölönen ◽  
Björn Hammarfelt
Keyword(s):  
Time Frame ◽  
Google Scholar ◽  
Roman Law ◽  
Long Time ◽  
Data Source ◽  
Historical Coverage ◽  
Number Of Publications ◽  
Future Work ◽  
Practical Implications

AbstractPurposeThe purpose of this study is to investigate the historical and linguistic coverage of Google Scholar, using publications in the field of Roman law as an example.Design/methodology/approachTo create a dataset of Roman law publications, we retrieved a total of 21,300 records of publications, published between years 1500 and 2016, with title including words denoting “Roman law” in English, French, German, Italian, and Spanish.FindingsWe were able to find publications dating back to 1727. The largest number of publications and authors date to the late 19th century, and this peak might be explained by the role of Roman law in French legal education at the time. Furthermore, we found exceptionally skewed concentration of publications to authors, as well as of citations to publications. We speculate that this could be explained by the long time-frame of the study, and the importance of classic works.Research limitationMajor limitations, and potential future work, relate to data quality, and cleaning, disambiguation of publications and authors, as well as comparing coverage with other data sources.Practical implicationsWe find Google Scholar to be a promising data source for historical bibliometrics. This approach may help bridge the gap between bibliometrics and the “digital humanities”.Originality/valueEarlier studies have focused mainly on Google Scholar's coverage of publications and citations in general, or in specific fields. The historical coverage has, however, received less attention.

The Literati and the Dao

2019 ◽  
pp. 373-392
Author(s):  
Scott Lash
Keyword(s):  
Roman Empire ◽  
Southeast Asia ◽  
Chinese Culture ◽  
Chinese Language ◽  
Holy Roman Empire ◽  
Roman Law ◽  
Nation State ◽  
The West ◽  
Imperial State

This chapter develops the argument that China is a civilizational state and follows a trajectory different from that of the Western nation-state. Weber is correct in selecting features of Chinese culture and social and political structure that stand in contrast to Western forms of rationalization: the role of magic, the particularism of guilds, the absence of the Western polis and Roman law, and the universalism demanded of Christianity in contrast to the religions of southeast Asia. Following Sheldon Pollock’s The Language of the Gods in the World of Men, the nature of language itself differentiates Latin in the West, Sanskrit in south and southeast Asia, and Chinese analogical language in China. Language, or langue-pensée, has a determining effect on stratification and configurations of power, especially in the development of the vernacularization of language as a precondition for the nation-state. China, in contrast to India and the West, resisted vernacularization. It is as if the West had kept to the Latin of the Holy Roman Empire. The nature of Chinese language therefore is intrinsic to the civilization and imperial state in China to this day.

Navigating Roman Law and Local Privileges in Pontus-Bithynia

2020 ◽  
pp. 185-209
Author(s):  
Georgy Kantor
Keyword(s):  
Complex Interaction ◽  
Legal Issues ◽  
Early Years ◽  
Roman Law ◽  
Pliny The Younger ◽  
Documentary Sources ◽  
Imperial Period

The chapter starts from the questions raised by a well-known (but underexplored from this angle) source for Roman governmental practice in provinces, the correspondence of Pliny the Younger as governor of Pontus-Bithynia in c.109–11 CE with the emperor Trajan. It attempts to integrate this correspondence with evidence from the legal and documentary sources on peculiarities of Bithynian law in the High Imperial period. Behind the deceptively straightforward presentation of legal issues in Pliny’s letters to the emperor there can be discovered a much more complex interaction between the interests of individuals, communities, their legal representatives and the governor himself. Particular attention is paid to the continuing role of the lex Pompeia, an uncharacteristically extensive set of Roman regulations for the province, going back to its early years. May a case in fact be made for the decrease in Roman legal interference in the early imperial period?

Legislating process of the State in the Roman-Germanic legal family

10.12737/2067 ◽  
2013 ◽  
Vol 1 (5) ◽  
pp. 254-258
Author(s):  
Татьяна Парфенова ◽  
Tatyana Parfenova
Keyword(s):  
The State ◽  
Controversial Issue ◽  
Roman Law ◽  
Family Court ◽  
Modern Theory ◽  
State Law ◽  
Significant Element ◽  
Theory Of Law ◽  
Law Making

The article is devoted to the concept and types of legislating in the modern theory of law is studied here. The problem of determining the legislating process as an activity directed on creation of the legal act called the most significant element of the structure of existing law is also risen here. Such approach is explained by the feature of the Romano-Germanic law, which by its nature and character is a statutory law, led by the main law. Relying on comparative researches, the article discusses in detail the form of legislating directly related to the activities of the State law-making, by-laws making and judicial legislating. Legislation for the Romano-Germanic law, due to the postulates based in the Roman law, is one of the most significant kinds of legislating. A very important role, along with legislating plays by-laws creating, otherwise legislating of the executive bodies. Analyzing the controversial issue of judicial legislating in the Roman-Germanic legal family, the author points out the different role of the court depending on either Roman or German group is ment. For the Roman legal family court practiceis a source of law, which is the most significant. The article concludes the overview of the forms of legislating related to the activities of the state indirectly. These include contract legislating and legislating of legal custom.

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