scholarly journals The Formation of the Legal Facts Theory in the Context of the Development of Legal Science

Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 158-165
Author(s):  
Hanna Shafalovich
Keyword(s):  
Theoretical Approach ◽  
Roman Law ◽  
Ancient Rome ◽  
Institutional Approach ◽  
Legal Science

This article reveals misconceptions in the study of the theory of legal facts in Roman law studies . The use of an institutional approach in Roman law studies led to the conclusion that there are no elements of the legal facts theory in Roman jurisprudence. Using a historical and theoretical approach, the author concluded that there was a developed system of legal facts in Ancient Rome and a system of logical and stable concepts of the legal facts theory formed at the level of the concept, which was accepted and developed by the subsequent legal science.

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.

scholarly journals Latin Legal Maxims in the Judgments of the Constitutional Tribunal in Poland

2017 ◽  
Vol 49 (1) ◽  
pp. 213-223 ◽  
Author(s):  
Krzysztof Szczygielski
Keyword(s):  
Cultural Heritage ◽  
Modern Science ◽  
Roman Law ◽  
Ancient Rome ◽  
Significant Element ◽  
Constitutional Tribunal

Abstract The article contains a list and brief characteristics of Latin legal maxims used in the judgments of the Constitutional Tribunal in Poland. Most of them were formulated by Roman jurists, some by medieval lawyers, and some by representatives of the modern science of law based on Roman law sources. They express universal and eternal ideas and are a significant element of the axiology of law. The presence of Latin legal maxims in the judgments of the Constitutional Tribunal demonstrates that Latin is an important element of the cultural heritage of ancient Rome and its knowledge is one of the essential tools in the workshop of a contemporary lawyer.

scholarly journals Rudarski propisi klasičnog i postklasičnog rimskog prava / Mining regulations of classical and postclassical Roman law

2018 ◽  
pp. 407-426
Author(s):  
Dževad Drino ◽  
Benjamina Londrc
Keyword(s):  
Mining Waste ◽  
Roman Law ◽  
Ancient Rome ◽  
Mining Law ◽  
Mining Laws ◽  
Roman Mining ◽  
The Way

In order to understand the functioning of mining in ancient Rome, it is necessary to investigate the rules of classical and post-classical Roman law related to mines. Most of the mining information is extracted from the Lex Vipasca, the two bronze plates found in Aljustrelo in Portugal in 1876 and 1906. The first plate from Aljustrelo provided valuable information on the mining sale taxes, the auctioneer’s provision, the management of baths, shoemakers, barbers, metallurgy workers, mining waste tax, teachers and seizure of mines and receivables. The second plate from  Aljustrelo defines the responsibilities of the procurator, the rights and obligations of the owner, the price of the mine, and tells us about the way of organizing the leaseholders in societies – societas. From the preserved provision of Codex Theodosianus  (CTh.X.19.8.) we learn about the existence of specially separated rights related to  the mining and exploitation rights. The aim of our work is, through analysis of the  Aljustrelo plates, to show how far Roman law has defined all aspects of mining in  detail and to show the functioning of the system starting from the formation, acquisition of property, business, control, disputes, and associated activities that were  formed with mines. These two plates with Roman mining laws provide an inexhaustible study-basis for lawyers, as well as others dealing with Ancient Rome. In  addition to the mentioned Lex Vipasca, some minor and later mining regulations  have been briefly outlined to complement the picture of Roman mining law.

scholarly journals The origin of the institute of procedural substitution in Bulgarian law

2021 ◽  
Vol 16 (3) ◽  
pp. 10-22
Author(s):  
Todor Kolarov
Keyword(s):  
Roman Law ◽  
Ancient Rome ◽  
Legal Regime ◽  
Ius Commune ◽  
The Law

The article strives to analyse the origin of the institute of procedural substitution (for the lack of a better term) in Bulgaria through historic overview, starting with the law of Ancient Rome, going through ius commune and finishing with the contemporary legal regime. From a procedural standpoint, the conclusion is that the institute came into being at the end of the XIX and beginning of the XX century. While manifestations of procedural substitution can be found in the Roman law, this is not an indication of a formulation of the legal institute itself.

scholarly journals Inconvenient Witnesses: Testimonies of Slaves in a Criminal Trial During the Republic and the Principate

2021 ◽  
Vol 30 (1) ◽  
pp. 197
Author(s):  
Elżbieta Loska
Keyword(s):  
Criminal Trial ◽  
Roman Law ◽  
Ancient Rome ◽  
Statutory Law ◽  
The Republic

<p>In ancient Rome, slaves performed many different tasks. The fact that they often enjoyed the trust of their owners and knew their secrets made them very desirable witnesses in a criminal trial. The aim of the article is to show examples of situations in which the testimony of slaves in a criminal trial could be dangerous for their owners. Slaves were subject to obligatory torture, so they could reveal some secrets against their will. However, there was a ban on the use of slaves’ testimonies against their owners. Roman law, still, knew a few exceptions to this, in matters justified by the interests of Rome. The article shows also the changes made during the Principate, when the statutory law regulating this issue appeared.</p>

Jurists and Legal Science in the History of Roman Law

2021 ◽  
Author(s):  
Clifford Ando ◽  
Massimo Brutti ◽  
Oliviero Diliberto ◽  
Giuseppe Falcone ◽  
Detlef Liebs ◽  
...  
Keyword(s):  
Roman Law ◽  
Legal Science ◽  
History Of

scholarly journals The legal protection of environment in ancient Rome

2020 ◽  
Vol 15 (29) ◽  
pp. 199-216
Author(s):  
Pál Sáry
Keyword(s):  
Water Pollution ◽  
Agricultural Land ◽  
Good Condition ◽  
Legal Protection ◽  
Roman Law ◽  
Ancient Rome ◽  
Environment Protection ◽  
Animal Protection ◽  
Legal Rules ◽  
Private And Public

The paper wants to give an overview of the moral and legal rules which protected the natural and built environment in ancient Rome. These rules prove that environment protection is not a modern invention. A bonus et diligens pater familias was morally obliged to cultivate his own agricultural land carefully. Both air and water pollution was legally sanctioned. A house-owner had to keep his own building in good condition. Each person was to keep the street outside his own house in repair and clean. Demolition of both private and public buildings was strictly restricted. It is true that in ancient Rome environment protection was not full scope (e.g., animal protection was absent from Roman law), but many elements of environment were legally protected.

scholarly journals "Slave labour" and locatio conductio in Ancient Rome

Impact ◽  
2020 ◽  
Vol 2020 (9) ◽  
pp. 69-71
Author(s):  
Mariko Igimi
Keyword(s):  
Legal Issues ◽  
Roman Law ◽  
Ancient Rome ◽  
Legal Systems ◽  
The Relationship

Professor Mariko Igimi believes that there are important lessons that can be learned from exploring Roman law. Based at Kyushu University, Japan, Igimi is researching Roman law and the important retrospective lessons it has for modern legal systems and society. In particular, she is interested in slave labour in ancient Rome and exploring the relationship between Roman slaves and their owners. She believes discoveries from this research can be applied to modern law, specifically the relationship between employers and employees in Japan, as well as AI-related legal issues.

Empires and Cities—Political Thought in an Age of Expansion

2021 ◽  
pp. 17-41
Author(s):  
Sarah Mortimer
Keyword(s):  
Early Modern ◽  
Baltic Sea ◽  
Political Thought ◽  
Desiderius Erasmus ◽  
Roman Law ◽  
Ancient Rome ◽  
The Baltic Sea ◽  
Charles V ◽  
The Baltic ◽  
Practical Implications

In 1519 Charles V became the most powerful figure Europe had seen for generations, ruling over a vast collection of lands which stretched from the Iberian coast to the Baltic Sea. To the East, however, the position of the Ottoman sultan Selim I was no less auspicious. Not only had he amassed a large territory through conquest and force of arms, but he had established himself as Protector of the Holy Cities of Mecca and Medina. Both men seemed blessed by their respective Gods and charged with authority both political and religious. Their empires would exert a powerful hold over the early modern imagination, as people wrestled with the intellectual as well as the practical implications of imperial rule. Across these lands, the concept of empire was challenged as well as defended, using Roman law, humanism, and religious ideas. Desiderius Erasmus combined classical ideas with Christianity to offer a new mirror for princes, while Niccolò Machiavelli drew on the heritage of ancient Rome to defend a vision of civic virtù. Meanwhile, the Ottoman sultans encouraged the development of an expansive imperial ideology in which the sultan was portrayed as divinely favoured.

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