2. Rabbinic and Roman Law: A Partly Shared Legal Culture?

2021 ◽  
pp. 276-285
Keyword(s):  
1998 ◽  
Vol 2 (2) ◽  
pp. 158-179 ◽  
Author(s):  
John W Cairns

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.


Author(s):  
Alexander Kukharev ◽  
Alexander Rusu

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.


2017 ◽  
Vol 2 (1) ◽  
Author(s):  
Jaakko Husa

AbstractThis article examines the complicated legal-cultural process in which Roman law became Byzantine law and Roman legal discourse altered into Byzantine legal discourse. Roman law’s transformation into Early Byzantine law is analysed from the point of view of legal language which mutated from Latin to Greek. The approach is legal cultural and legal linguistic and focuses on the overall shape and general patterns. The goal is to highlight how legal-cultural transformation was incremental, language-bound and that there was no radical or sudden culmination point. Moreover, the analysis answers generally to the question of why sixth-century Byzantine legislative Greek contained frequent Latin loans, expressions, phrases and distortions. The discussion concentrates on the Novellae as an integral part of the process of legal cultural and linguistic change from Roman to Byzantine. Instead of going into detailed linguistic analysis, this article underlines generally the contextuality of law and the importance of legal culture


Author(s):  
Emanuele Conte

In this article I wish to show how history of legal doctrines can assist in a better understanding of the legal reasoning over a long historical period. First I will describe the nineteenth century discussion on the definition of law as a ‘science’, and some influences of the medieval idea of science on the modern definition. Then, I’ll try to delve deeper into a particular doctrinal problem of the Middle Ages: how to fit the feudal relationship between lord and vassal into the categories of Roman law. The scholastic interpretation of these categories is very original, to the point of framing a purely personal relationship among property rights. The effort made by medieval legal culture to frame the reality into the abstract concepts of law can be seen as the birth of legal dogmatics.


2017 ◽  
Vol 8 (2) ◽  
pp. 7
Author(s):  
Maria Zabłocka

Polish Romanistic Research in the Last Two Years (2006/2007 – 2007/2008)SummaryThe article presents publications of Polish romanists published in the last two academic years. They include editions of the sources, their translations accompanied by commentaries, as well studies on Roman private law covering the law of persons, family law, law of property, succession, obligations and procedure. An important part of the recent studies is devoted to public law: above all criminal law and broadly understood administrative law. Several authors addressed the problem of the influence of Roman law on the legal culture of Europe. Research was done as well on the history of law faculties and the romanists who lectured there. All these studies indicate a slight change in the scientific interest of the Polish romanists. We welcome the fact that more interest was paid to various problems of public law, in this way the romanistic research may be able to show the roots of the later and modern jurisprudence. One could postulate further studies not on the classical period of Roman law but also on its later developments. Scholars should never limit themselves to study of subjects reflecting contemporary legal science, as we never know if the one day the ‘dated’ institutions should not revive in a slightly changed form: such is the case of the modern construction of transfer of ownership as a security for debt functionally reflecting the Roman fiducia cum creditore contracta. In this manner the analysis of the ancient legal structures may provide for better understanding of the presently binding norms.


Public Law ◽  
2019 ◽  
pp. 114-129
Author(s):  
Marzena Dyjakowska
Keyword(s):  

2020 ◽  
pp. 462-485
Author(s):  
Matthijs Wibier

From a conceptual point of view, it has often been pointed out that education is a key way in which cultural models, expectations, and standards are disseminated. The pervasiveness and success of the Greek model known as enkyklios paideia have been amply charted for the Hellenistic and Imperial Periods. Similar developments have been traced in the context of Roman education and Latin literacy in the provinces, not least the West. However, these studies have focused primarily on—to use a contested term—acculturation in certain aspects of daily life as well as in terms of education in the Latin language and in Roman literature, while law has been largely left out. Part of the reason for this is no doubt the lack of much very direct evidence. Yet the evidence there is, in particular the paraphrase of Gaius’ Institutes known as the Fragmenta Augustodunensia (FA), has in fact been unduly marginalized. Accordingly, this chapter shows that, focusing on Autun and its cultural sphere, it is possible to piece together a picture of how students in Imperial Gaul were trained in the basics of Roman law.


2018 ◽  
Vol 2 (2) ◽  
pp. 76-92
Author(s):  
Tomasz Bekrycht

The paper analyses some elements which create the identity of legal culture. These elements are determined by Greek philosophy, Roman law (the Mediterranean culture) and Christian solidarity. These included positive law (legem ponere), jurisprudence, academic teaching, legal text, axiological autonomy of law, Roman law as origin of civil law and its reception, legitimization of law. The paper focuses particularly on problematic aspects of legitimization of law. In the literature of jurisprudence the problem of the legitimacy (justifying) of law is presented as the justification for the external validity of law or as a justification for the absolute validity. The history of philosophy of law demonstrates that we can talk about same arguments, which may be referred to as transcendental. Those are ultimate conditions of justifying any kind of being – here this particular being is the law. Firstly, this paper presents two trends (traditions) in the literature of philosophy that have developed the concept of transcendental method, and thus the content of the concept of transcendentalism. Secondly, it presents four arguments which justify the existence of law and which can be called the transcendental arguments.


2020 ◽  
pp. 58-67
Author(s):  
Ján Ivančík

Roman law is considered to be one of the most influential elements of the continental legal culture. However, rapid technological development and changing social and economic situation bring new challenges for principles tested during the centuries. Consumer protection; fight against corruption and money laundering; data protection and other new fields of law emerge a fundamental question: Are the ancient Roman principles still valid and required?


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