Transformation of legal language – Early Byzantine legal discourse

2017 ◽  
Vol 2 (1) ◽  
Author(s):  
Jaakko Husa
Keyword(s):  
Legal Discourse ◽  
Legal Culture ◽  
Linguistic Analysis ◽  
Cultural Transformation ◽  
Point Of View ◽  
Sixth Century ◽  
Roman Law ◽  
Legal Language ◽  
Linguistic Change ◽  
Early Byzantine

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

Legal Education and Legal Culture in Gaul during the Principate

2020 ◽  
pp. 462-485
Author(s):  
Matthijs Wibier
Keyword(s):  
Daily Life ◽  
Legal Education ◽  
Cultural Models ◽  
Legal Culture ◽  
Point Of View ◽  
Roman Law ◽  
The West ◽  
Roman Literature ◽  
Latin Language ◽  
Cultural Sphere

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.

scholarly journals “False Friends” and Some Other Phenomena Reflecting the Historical Determination of the Terminology of Hungarian Private Law

2020 ◽  
Vol 33 (3) ◽  
pp. 729-747 ◽  
Author(s):  
András Földi
Keyword(s):  
German Law ◽  
Point Of View ◽  
Historical Background ◽  
Roman Law ◽  
Private Law ◽  
Legal Language ◽  
Fair Dealing ◽  
Legal Norms ◽  
Current Terminology

Abstract This article deals with some phenomena of the Hungarian legal language from a historical point of view, with special regard to the terminology of private law going back to Roman law tradition. The author aims, on the one hand, to present the historical background of the current terminology of Hungarian private law by means of some representative examples. On the other hand, it is attempted at demonstrating that “false friends” and some further misunderstandings in the current terminology of Hungarian private law can be led back to the historical determination of the concepts/terms in question. A certain Hungarian legal language existed already in the 16th c., however it reached the common European level by the middle of the 19th c. This development took place mainly under the influence of the Austrian and German law and legal science. Due to the translation of foreign legal terms to Hungarian since the 19th c. there emerged some “global” difficulties of legal terminology also in the Hungarian legal language. As the most important example, the reception of bona fides can be mentioned. It was an amendment of the Hungarian Civil Code in 2006 which tried to eliminate the misunderstandings as regards the principle of good faith (and fair dealing) conceived formerly by many Hungarian jurists exclusively in subjective sense. The history of reception of the German notions of Gültigkeit and Wirksamkeit in Hungary is extremely intriguing, too. Hungarian jurists did not follow the pattern of the German BGB but developed this pair created by Windscheid by drawing a clear distinction between the validity and effectiveness of legal transactions (as well as of the legal norms), similar to the Italian terminology (validità v. efficacia). Sometimes the reception of German notions happened in a less successful way (e.g. in the case of negatives Interesse created by Jhering, which can be qualified as a “false friend” in Hungary in comparison with the original German notion). Despite the important foreign, especially German impacts, the Hungarian legal language is an autonomous one having several remarkable features which deserve attention also in comparison with terminology of the Western legal cultures.

scholarly journals Affixed Terms in Cognitive Categorization of the Legal Picture of the World and in LSP Teaching

2018 ◽  
Vol 53 (1) ◽  
pp. 105-117 ◽  
Author(s):  
Sergey Khizhnyak
Keyword(s):  
Legal Culture ◽  
Point Of View ◽  
Theoretical Studies ◽  
Legal Language ◽  
Specific Knowledge ◽  
The World ◽  
Linguistic Categorization ◽  
Culture Development

Abstract The interdisciplinary notion picture of the world makes research works devoted to this area of studies challenging from the point of view of finding interconnections between linguistic and extra-linguistic factors in the process of structuring categories of words, including those functioning in terminological systems and subsystems. Legal pictures of the world are specific cultural phenomena that may differ in various countries due to the nationally specific features of law and legal culture development. One of the most complicated problems of representing specific knowledge through linguistic, terminological, signifiers is the problem of linguistic categorization of concepts. The article considers the problem of forming legal categories based on word-building suffixes from the point of view of the development of the legal language ‘picture of the world’ [reflection of the world] closely associated with its conceptual picture. The conclusion is drawn that commonly used derivational suffixes transform their meanings in accordance with the legal taxonomies, forming the conceptual legal picture of the world. The results of theoretical studies in terminological conceptualization may be used in teaching legal English vocabulary in the form of systematic presentation of term-building patterns expressing certain conceptual categories.

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.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

LEGAL SKETCH «THE SIGNIFICANCE OF THE LEGAL EXCUSES AND PROVERBS OF ANCIENT ROME AS A MEANS OF LEGAL PROPAGANDA ABOUT LEGAL KNOWLEDGE AND CULTURE»

2020 ◽  
Author(s):  
Alexander Kukharev ◽  
Alexander Rusu
Keyword(s):  
Digital Age ◽  
Legal Culture ◽  
Roman Law ◽  
Ancient Rome ◽  
Legal Knowledge ◽  
The Law ◽  
Law Making

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.

VI. Der römische Eigentumsvorbehalt als Vorbehalt des Besitzes

2015 ◽  
Vol 132 (1) ◽  
Author(s):  
Jakob Fortunat Stagl
Keyword(s):  
Point Of View ◽  
Good Faith ◽  
Roman Law ◽  
Ius Commune ◽  
Functional Equivalent

AbstractRoman retention of title clauses as retention of possession. It is the dominant view that Roman law did not know retention of title clauses (pactum reservati dominii) which is, accordingly, considered to be an invention of the medieval ius commune. This opinion is true to the extent that retention of title was inefficient from the Roman point of view because the buyer as possessor was always in the position of acquiring ownership by acquisitive prescription (usucapio), the requirement of good faith being met in these instances. The Roman lawyers, therefore, devised different means to make sure that the buyer would get the use of the sold good (detentio) without becoming possessor thus preventing the dreaded usucapio. This ‘retention of possession’ (Besitzvorbehalt) is the Roman functional equivalent to modern retention of title.

Legal English and the Vernacularization of Law

Law in Common ◽  
2019 ◽  
pp. 213-240
Author(s):  
Tom Johnson
Keyword(s):  
Fifteenth Century ◽  
Public Discourse ◽  
Legal Discourse ◽  
Legal Language ◽  
Common People ◽  
Late Medieval ◽  
The Third ◽  
Local Contexts ◽  
The Common ◽  
Late Medieval England

This chapter explores the growing use of English as a written ‘legal vernacular’ over the course of the fifteenth century. It argues that one can only understand the emergence of vernacular writing in legal discourse by looking to the local contexts of legal production. The emergence of English as a legal vernacular did not take hold uniformly across late-medieval society, and so we need to think more carefully about the specific kinds of discursive value that it held; the chapter argues that, as a legal language, English worked as a signifier of authenticity, a mode of signalling fidelity to real speech, and as a way of gesturing towards wider audiences or publics. This leads to the third argument that the growing significance granted to English as a legal language affected common people in late-medieval England in ambivalent ways. While in some ways the processes of vernacularization in the fifteenth century seem to follow a trajectory towards a more inclusive public discourse, as the ‘common tongue’ spoken by the majority of the populace became a language appropriate for expressing ideas about legitimacy, it was ultimately constrained by the relatively limited modes in which English was allowed to be legal.

1. Introduction: Rome—A Historical Sketch

2020 ◽  
pp. 1-24
Author(s):  
Paul J. du Plessis
Keyword(s):  
Eighth Century ◽  
Archaic Period ◽  
Sixth Century ◽  
Roman Law ◽  
Classical Period ◽  
Private Law ◽  
Roman Society ◽  
History Of ◽  
Historical Sketch

This chapter provides a historical sketch of Rome. It has been written to provide a contextual basis for the study of Roman private law. The history of Rome is traditionally divided into three main periods based on the dominant constitutional structure in Roman society during these three periods. These are the Monarchy (eighth century bc–510 bc), Republic (509–27 bc), and Empire (27 bc–ad 565). Scholars of Roman law tend to refine this division even further. Thus, to the scholar of Roman law, the period from the founding of Rome in the eighth century bc–c. 250 bc is regarded as the ‘archaic’ period of Roman law. The period thereafter, from c. 250 bc–27 bc, is generally described as the ‘pre-classical period’ of Roman law.For scholars of Roman law, the ‘classical’ period, c. first three centuries AD, and the Justinianic period, c. sixth century AD, are the most important, owing to the compilation of ‘classical’ Roman law by order the Byzantine Emperor, Justinian, in the sixth century.

scholarly journals Arbitraža po uzoru na rimsko pravo u graničnom sporu između Lovrana i Mošćenica (1646.)

2020 ◽  
Vol 40 (3) ◽  
pp. 987-1006
Author(s):  
Ivan Milotić
Keyword(s):  
Point Of View ◽  
Roman Law ◽  
Legal Tradition ◽  
Legal Documents ◽  
Legal Traditions ◽  
Canonical Process ◽  
Ius Commune ◽  
Latin Language ◽  
Legal Concepts ◽  
Key Terms

The boundary dispute between Lovran and Mošćenice of 1646 quite recently received some attention in the literature and was simultaneously adequately elaborated form palaeographic and philological point of view. Despite the fact that it is substantially a legal act, its legal content did not receive adequate attention of the scholars, which may primarily be said with reference to its institutes, terms and expressions whose precision, accuracy and legal technical at first sight most evidently depart from the local feudal legal customs and legal traditions. Moreover, nevertheless that these terms and expressions were written down in Italian language of the time, they evidently represent Italianized version of terms, expression and legal concepts that originally belong to Latin language. Additionally, their mentions in the document at hand have no resemblance to the usual medieval descriptions of the legal phenomena which have a little in common with normative language or to administrativefunctional style of that time which distinctively shaped the legal documents. Because all these indications suggest that the key terms, expressions and institutes pertinent to the boundary dispute between Lovran and Mošćenice (and its resolution) might be borrowed from the Roman legal tradition (which outreached this territory by means of ius commune) and the Romano-canonical process, this paper examines origin, roles and functions which were achieved in practice by their use in this particular legal matter. The paper will specifically explore the procedural mechanism which was employed to reach settlement of the boundary dispute between Lovran and Mošćenice and will additionally provide a deeper insight into the possibility that in this particular case arbitration conceptually based on the Roman law was employed as the means of dispute resolution.

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