scholarly journals Creencia y pertenencia: El laberinto de las sociedades posotomanas

2021 ◽  
Vol 13 (3) ◽  
pp. 389-418
Author(s):  
Samer ALNASIR
Keyword(s):  
Roman Law ◽  
Main Role ◽  
Religious Epistemology ◽  
Post Colonial ◽  
Positive Law ◽  
Legal Identity ◽  
Abrahamic Religions ◽  
False Identity ◽  
Resistance To Power ◽  
Universal Standard

Post-colonial coagulation is the dilemma of many societies in endless formation due to the aftermath of colonialism and the dominance of coloniality, and even more so when this aftermath has been converted into a never-ending labyrinth for political-Islamic anthropology, particularly in the Arab case. The present study primarily aims to analyze the emergence of Abrahamic religions among Arab tribes and their role in supplanting the canon of identity and belonging, forming a universal standard for legal identity substantially different from the European one, and overturning the ancient tribal concept. The study then shifts to analyz-ing the formation of Islamic ideology as positive law by means of an empirical parallelism with Roman law, thus introducing the Latin concept of interpolare. We therefore arrive at the conclusion of how foreign-colonial interference played the main role in diluting the identity canon and that of belonging, creating a false identity, shaped to conform to colonial compromises, wrapping religious epistemology in a forced normative system to have caused schizophrenia and cognitive resistance to power and normative disobe-dience, even prompting schizophrenia and an aversion to reality.

scholarly journals ‘ILLOTIS MANIBUS’. HENRYK KUPISZEWSKI I WSPóŁCZESNE DYSKUSJE ROMANISTYCZNE W POLSCE

2016 ◽  
Vol 15 (2) ◽  
pp. 99
Author(s):  
Marek Kuryłowicz
Keyword(s):  
Roman Law ◽  
Common Denominator ◽  
Ancient History ◽  
Concerted Effort ◽  
Historical Sources ◽  
Positive Law ◽  
European Consensus ◽  
European Tradition ◽  
Source Studies ◽  
The Common

“Illotis Manibus”: Henryk Kupiszewski and the Contemporary Discussion of Roman Law in PolandSummaryIn his discussion of the significance of Roman law Henryk Kupiszewski referred to Gaius’ observation that the study of the lawcould not be conducted “with unwashed hands” (illotis manibus), viz.without a knowledge of the historical sources. In my opinion it is imperative to remind ourselves of this today, when some Polish scholarsof Roman law are criticising source studies and historical research onRoman law, and opting instead for modernity and a future examinedprimarily from the fuzzy perspective of decodification. In Prawo rzymskie a współczesność, his book on Roman law and the present times,Kupiszewski emphasised that the principal area of research on Romanlaw could take was still the examination of the work and achievementof the iurisprudentes, and that any other strategy would put it on thepath for self-destruction. Roman law studies are, of course facing new,contemporary problems. For instance, it has been observed that effectively the historical and legal awareness of today’s scholars of civil lawno longer encompasses Roman law. So we should be trying to preservethe connection of Roman law with the disciplines of positive law, andespecially making a concerted effort to work on a synthesis of Romanlaw as an introduction to contemporary private law. Furthermore, inour research we should take into consideration the close connectionbetween Roman law and other disciplines relating to antiquity – another point Kupiszewski made. We should also view the tradition ofRoman law as the common denominator in the European consensus onthe law. Hence the purposefulness of continuing the basic trend in thestudy of Roman law, from the aspect both of its ancient history and ofits European tradition and present-day manifestations.

Culpa Levissima and the Eclipse of Strict Liability

Grotiana ◽  
2021 ◽  
Vol 42 (1) ◽  
pp. 5-22
Author(s):  
James Gordley
Keyword(s):  
Strict Liability ◽  
Roman Law ◽  
Positive Law ◽  
Hugo Grotius ◽  
Commutative Justice

Abstract In Roman law, as interpreted by the medieval jurists, in a gratuitous loan (commodatum), the borrower was liable for culpa levissima, failure to use be as diligent as “most diligent” (diligentissimus). It would seem, then, that a person could be liable for conduct that he could not help. That consequence troubled the medieval canonists a person would then be liable who had not sinned. It troubled the late scholastics because a person would then be liable for an accident, which was not a violation of commutative justice. Some concluded that liability for culpa levissima was a creature of positive law, based on pragmatic considerations but with no grounding in principle. There was another explanation glimpsed by the late scholastics and by Hugo Grotius: commutative justice requires that one who borrows gratuitously indemnify the lender against any loss. Unfortunately, in the following centuries, that explanation was lost from sight.

scholarly journals Tożsamość kultury prawnej a legitymizacja prawa

2018 ◽  
Vol 2 (2) ◽  
pp. 76-92
Author(s):  
Tomasz Bekrycht
Keyword(s):  
External Validity ◽  
Civil Law ◽  
Legal Culture ◽  
Roman Law ◽  
Greek Philosophy ◽  
Academic Teaching ◽  
Positive Law ◽  
Mediterranean Culture ◽  
History Of ◽  
Transcendental Method

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.

scholarly journals FAŁSZOWANIE OZNACZEŃ AUTORSTWA W STAROŻYTNYM RZYMIE A USTAWA ‘LEX CORNELIADE FALSIS’

2016 ◽  
Vol 14 (3) ◽  
pp. 149
Author(s):  
Katarzyna Kręźlewicz
Keyword(s):  
Roman Empire ◽  
Criminal Law ◽  
Legal Protection ◽  
First Century ◽  
Roman Law ◽  
Ancient Rome ◽  
Weights And Measures ◽  
The Public ◽  
False Identity ◽  
Modern Sense

FALSE DESIGNATION OF AUTHORSHIP IN ANCIENT ROME AND THE LEX CORNELIA DE FALSIsSummaryThe lex Cornelia testamentaria nummaria, later known as the lex Cornelia de falsis, was the first Roman comprehensive anti-fraud law. Initially its scope only covered forged wills and counterfeit coinage. In the early first century AD other documents were given legal protection under criminal law against forgery. Later Roman anti-fraud laws were expanded to cover cases of falsifying documents, making false statements, corrupting judges, and adulterating and using adulterated weights and measures. There was no legal definition in ancient Rome of the trademark in the modern sense, but craftsmen’s stamps and workshop marks, which had been in use since time immemorial and were an indispensable appurtenance associated with the expansion of the Roman Empire and the growth of its trade, played a similar role. The use of false or forged designations could presumably be treated as analogous to the use of a false identity, which was punishable by the poena legis Corneliae. However, there are no Roman law sources showing evidence of protection for this kind of designation. Presumably there was a need for craftsmen’s marks to inform buyers about a product’s origin and features. Yet the real purpose of those descriptions was to protect the interests of the craftsman or producer, while the protection of his customers was more of an indirect effect. There are no sources to unequivocally confirm the punishability of counterfeiting craftsmen’s marks and the treatment of the phenomenon as fraud. The Roman legislator did not perceive the use of forged designations as a violation of the public good, but rather only as a risk which individual craftsmen or producers had to reckon with. The lex Cornelia penalised conduct that could affect the interest of the public and state. In the opinion of the Roman legislator false authorship only violated the interest of the producer concerned.

Law’s Nature: Philosophy as a Legal Argument in Cicero’s Writings

Cicero's Law ◽  
2016 ◽  
Author(s):  
Benedikt Forschner
Keyword(s):  
Natural Law ◽  
Legal Discourse ◽  
Roman Law ◽  
Legal Argument ◽  
Philosophical Concept ◽  
Positive Law ◽  
Legal Arguments ◽  
Theory Of Law ◽  
Holistic Theory ◽  
Forensic Speeches

The paper deals with the use of philosophical arguments in Cicero's legal writings, in particular his forensic speeches. It tries to demonstrate that Cicero developed a unique, holistic theory of law, which is not based on a juxtaposition of natural law and positive law, but tries to deduce the nature of law from the nature of men. Even though this theory probably did not influence the writings of the later classical jurists in a direct way, Roman law was open enough for philosophical arguments to allow Cicero to make use of this theory within the legal discourse. Using examples from Cicero's forensic speeches, the paper demonstrates how Cicero refers to his philosophical concept in order to develop specifically legal arguments.

scholarly journals Arabic Legal Phraseology in Positive Law and Jurisprudence: The Historical Influence of Translation

2021 ◽  
Vol 46 (1) ◽  
pp. 37-64
Author(s):  
Sonia Halimi
Keyword(s):  
Burden Of Proof ◽  
Roman Law ◽  
Translation Process ◽  
Legal Principles ◽  
Positive Law ◽  
Genre Awareness ◽  
Islamic Jurisprudence ◽  
Historical Role ◽  
In The Beginning ◽  
Law Texts

Abstract The present study examines Arabic legal phraseology formation from the standpoint of positive law and jurisprudence. It claims that phraseological constructions in Arabic legislative and statutory texts are largely influenced by the translation process of Roman law texts. However, scholarly literature still relies to some extent on formulae used in the Islamic jurisprudence. To illustrate this, three examples of legal principles anchored in Islamic jurisprundence, known as legal maxims, are subjected to a comparative analysis and discussed along with their corresponding expressions in positive law in modern-day Arabic. Ultimately, the purpose of this paper is twofold: firstly, to demonstrate that the phraseology present in many Arabic positive laws is fully adapted to corresponding formulations in the Roman law, steming from a historical translation process that accompanied the codification movement in the beginning of the 20th century; secondly, to emphasize the significance of textual genre awareness in legal translation. Concretely, the introductory section provides an overview of recent studies that have addressed legal phraseologisms. It is followed by a section on the historical role of translation in the construction of certain phraseologisms. The general legal principles of (a) burden of proof, (b) presumption of innocence, and (c) the pacta sunt servanda principle are then examined in order to shed light on the influence of both the Civilist tradition and Islamic jurisprudence on the use of legal Arabic today, as well as to demonstrate how the translation of phraseologisms is dependent on the parameters of genre. The analysis leads to the conclusion that proper use of phraseologisms, whether in drafting or translation, is closely linked to knowledge of phraseology formation and the historical influence of translation.

Role of spectrin in membrane fusion and in shape change of human erythrocyte ghost

1978 ◽  
Vol 36 (2) ◽  
pp. 328-329
Author(s):  
Hideo Hayashi ◽  
Yoshikazu Hirai ◽  
John T. Penniston
Keyword(s):  
Conformational Changes ◽  
Human Erythrocyte ◽  
Shape Change ◽  
Membrane Surface ◽  
Slight Modification ◽  
Active Role ◽  
Main Role ◽  
Bank Blood ◽  
Human Erythrocyte Ghost

Spectrin is a membrane associated protein most of which properties have been tentatively elucidated. A main role of the protein has been assumed to give a supporting structure to inside of the membrane. As reported previously, however, the isolated spectrin molecule underwent self assemble to form such as fibrous, meshwork, dispersed or aggregated arrangements depending upon the buffer suspended and was suggested to play an active role in the membrane conformational changes. In this study, the role of spectrin and actin was examined in terms of the molecular arrangements on the erythrocyte membrane surface with correlation to the functional states of the ghosts.Human erythrocyte ghosts were prepared from either freshly drawn or stocked bank blood by the method of Dodge et al with a slight modification as described before. Anti-spectrin antibody was raised against rabbit by injection of purified spectrin and partially purified.

Ultrastructural modification of cellular interactions in cancer tumor

1978 ◽  
Vol 36 (2) ◽  
pp. 318-319
Author(s):  
N. P. Dmitrieva
Keyword(s):  
Cancer Cells ◽  
Human Thyroid ◽  
Adjacent Cell ◽  
Main Role ◽  
Cellular Interactions ◽  
Electron Microscopic ◽  
Cancer Tumor ◽  
Normal Human ◽  
Characteristic Features

One of the most characteristic features of cancer cells is their ability to metastasia. It is suggested that the modifications of the structure and properties of cancer cells surfaces play the main role in this process. The present work was aimed at finding out what ultrastructural features apear in tumor in vivo which removal of individual cancer cells from the cell population can provide. For this purpose the cellular interactions in the normal human thyroid and cancer tumor of this gland electron microscopic were studied. The tissues were fixed in osmium tetroxide and were embedded in Araldite-Epon.In normal human thyroid the most common type of intercellular contacts was represented by simple junction formed by the parallelalignment of adjacent cell membranees leaving in between an intermembranes space 15-20 nm filled with electronlucid material (Fig. 1a). Sometimes in the basal part of cells dilatations of the intercellular space 40-50 nm wide were found (Fig. 1a). Here the cell surfaces may form single short microvilli.

Mesophyll conductance: the leaf corridors for photosynthesis

2020 ◽  
Vol 48 (2) ◽  
pp. 429-439 ◽  
Author(s):  
Jorge Gago ◽  
Danilo M. Daloso ◽  
Marc Carriquí ◽  
Miquel Nadal ◽  
Melanie Morales ◽  
...  
Keyword(s):  
Molecular Mechanisms ◽  
Current Knowledge ◽  
Main Role ◽  
Mesophyll Conductance ◽  
Future Studies ◽  
Cell Structures ◽  
Leaf Tissues ◽  
Change Framework ◽  
Chloroplast Stroma

Besides stomata, the photosynthetic CO2 pathway also involves the transport of CO2 from the sub-stomatal air spaces inside to the carboxylation sites in the chloroplast stroma, where Rubisco is located. This pathway is far to be a simple and direct way, formed by series of consecutive barriers that the CO2 should cross to be finally assimilated in photosynthesis, known as the mesophyll conductance (gm). Therefore, the gm reflects the pathway through different air, water and biophysical barriers within the leaf tissues and cell structures. Currently, it is known that gm can impose the same level of limitation (or even higher depending of the conditions) to photosynthesis than the wider known stomata or biochemistry. In this mini-review, we are focused on each of the gm determinants to summarize the current knowledge on the mechanisms driving gm from anatomical to metabolic and biochemical perspectives. Special attention deserve the latest studies demonstrating the importance of the molecular mechanisms driving anatomical traits as cell wall and the chloroplast surface exposed to the mesophyll airspaces (Sc/S) that significantly constrain gm. However, even considering these recent discoveries, still is poorly understood the mechanisms about signaling pathways linking the environment a/biotic stressors with gm responses. Thus, considering the main role of gm as a major driver of the CO2 availability at the carboxylation sites, future studies into these aspects will help us to understand photosynthesis responses in a global change framework.

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