scholarly journals COGNOMINA OF BOTH PLINIES: GAIUS PLINIUS SECUNDUS AND GAIUS PLINIUS CAECILIUS SECUNDUS

2021 ◽  
pp. 108-117
Author(s):  
A. V. Berezkin ◽  
◽  
S. Y. Kritskaya ◽  
Keyword(s):  
Social Status ◽  
Family Law ◽  
Family Relations ◽  
Geographic Area ◽  
Roman Law ◽  
Ancient Rome ◽  
Sociocultural Context ◽  
History Of ◽  
The Right

This article provides information on the actual naming of two Roman writers and statesmen: Gaius Plinius Secundus, and Gaius Plinius Caecilius Secundus. Modern researchers make some mistakes in the names of both Plinies. The history of these names sheds light on legal relations in Ancient Rome (family law, especially the order of adoption, the right of Roman citizens on three names – ius trium nominum) and on the evidence of the folk laughter culture (sniper data cognomina of citizens). Medieval and modern traditions of a generic or family naming have their roots in the Roman law. The Roman name was closely related to social status, indicating the antiquity of the genus or personal privileges, for example, the senatorial class, which included the ancient patrician clans or plebeian nobility, as well as a freeborn citizen or a freedman, a slave or a foreigner–peregrine, etc. Geographic area, family relations, and personal excellence were also taken into account. I. Kajanto, as one would expect from a classifier as a pioneer, goes on formal grounds, referring cognomina, Felix and Faustus, to the category of “wish” or “praise”, and Secundus to the order of birth. Our method of studying in a sociocultural context reveals cognomen Secundus as “happy”.

scholarly journals ROMANISTYKA POLSKA W LATACH 1918-1945 (PRZEGLĄD BIBLIOGRAFII)

2016 ◽  
Vol 10 (2) ◽  
pp. 355
Author(s):  
Krzysztof Szczygielski
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Scientific Output ◽  
Public Law ◽  
Roman Law ◽  
Ancient Rome ◽  
Scientific Societies ◽  
Legal Proceedings ◽  
History Of ◽  
Law Of Succession

ROMAN LAW STUDIES IN POLAND IN THE YEARS 1918-1945 (REVIEW OF BIBLIOGRAPHY) Summary In Roman law studies in Poland there is no complete list of the works published in the years 1918-1945 by scholars dealing with Roman law. The scientific output of the Polish researchers was presented by Rafał Taubenschlag in the article, Gli studi di diritto romano in Polonia nel secolo XX, [in:] Gli Studi Romani nel Mondo, volume III, Roma 1936, p. 247-268, but he focused mainly on discussing the major works. An attempt to show the achievements of Roman law studies in Poland on a comprehensive basis was undertaken by Juliusz Wisłocki, Dzieje nauki prawa rzymskiego w Polsce, Warsaw 1945, but his study is highly incomplete. The analysed period witnessed the emergence of lots of valuable works concerning the history and the institutions of Roman law in the form of monographs, articles published in many domestic and foreign periodicals, studies on particular occasions, encyclopedic dictionaries and reports on the activities of scientific societies. The problems related to the law of the ancient Rome were dealt with not only by the Roman law researchers but also by legal historians and classical philologists. The works were presented according to the following sections: I. General works, textbooks and scripts; II. Ancillary publications; III. History of sources; IV. Civil procedure; V. Law of Persons and legal proceedings; VI. Family law; VII. Law of Property; VIII. Law of Obligations; IX. Law of Succession; X. Criminal law and procedure; XI. Public law; XII. Philosophy of law, methodology and political and legal doctrines; XIII. Importance of the Roman law; XIV. Evaluation of the output of Roman law scholars.

scholarly journals PROPERTY RELATIONS OF MARITAL PARTNERS THROUGH THE HISTORY OF BOSNIA AND HERZEGOVINA

2017 ◽  
Vol 7 (2) ◽  
pp. 106-117
Author(s):  
Boris Krešić ◽  
◽  
Ervina Halilović ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
Historical Perspective ◽  
Family Law ◽  
Roman Law ◽  
Socialist Republic ◽  
Marriage And Family ◽  
Property Relations ◽  
Basic Law ◽  
History Of ◽  
Marital Partners

The institutes of contemporary family law are rooted in Roman law, including the property relations of marital partners. From the historical perspective, the property-legal relations of marital partners in Bosnia and Herzegovina (BiH) were subject to religious regulations and the rules of the General Civil Code and Family Law of the Socialist Republic of Bosnia and Herzegovina. The article analyzes the solutions applied during the Roman, the Ottoman, and the AustroHungarian rule as well as the solutions included in the currently valid Basic Law on Marriage and Family Laws in BiH. The authors focus on the development of family law in terms of property relations of marital partners and provide historical-legal overview of the development of family law from the absolute power of pater familias to the full equality of marital partners.

scholarly journals Siberian Tatars of Knyazevs: historical and genealogical essay

2020 ◽  
pp. 149-158
Author(s):  
S.N. Korusenko
Keyword(s):  
Social Status ◽  
19Th Century ◽  
Social Transformation ◽  
18Th Century ◽  
Soviet Period ◽  
The Social ◽  
History Of ◽  
The Right ◽  
In The Beginning ◽  
The Village

This paper aims at reconstructing the genealogy of Siberian Tatars of Knyazevs (Western Siberia), identifying the origins of their surname, which is not characteristic of the Tatars, and at analysis of the influence of socio-political and socio-economical processes in Russia in the 18th through 20th centuries on the social transformation of the family. The sources were represented by the materials of the Inventory Revision Book of Tarsky District of 1701 and census surveys of the end of 18th through 19th centuries, which allowed tracing the Knyazev family through the genealogical succession and identifying social status of its members. In this work, recordkeeping ma-terials of the 18th–20th centuries and contemporary genealogical and historical traditions of the Tatars have been utilized. In the research, the method of genealogical reconstructions by archival materials and their correlation with genealogies of modern population has been used. The history of the Knyazev family is inextricably linked to the history of modern village of Bernyazhka — one of the earliest settlements of the Ayalintsy (a group of the Si-berian Tatars) in the territory of the Tarsky Irtysh land which became the home to the Knyazevs for more than three centuries. The 1701Inventory Revision Book cites Itkuchuk Buchkakov as a local power broker of the Aya-lynsky Tatars in the village. During the 18th century, this position was inherited by his descendants who eventually lost this status in the beginning of the 19th century in the course of the managerial reforms by the Russian gov-ernment. Nevertheless, the social status of the members of the gens remained high. In the mid. 19th century, the village moved — the villagers resettled from the right bank of the River Irtysh onto the left one. As the result, the village was situated nearby the main road connecting the cities of Omsk and Tara. At the same time, the village became the center of the Ayalynskay region. That led to the strengthening of the social status and property en-richment of the descendants of Itkuchuk Buchkakov. The Knyzevs’ surname first appeared in the materials of the First All-Russia Census Survey of 1897. Some of the descendants signed up under this surname later in the Soviet period. During the Soviet years, members of the Knyzev’s gens had different destinies: some worked in the local government, whereas the others were subjected to political repressions and executed. Knyazevs took part in the Great Patriotic War and seven of them perished. Presently there are no descendants of the Knyazevs in Bernyazhka as they spread over the villages of the Omskaya Region, some living in Omsk and other towns of Russia and abroad.

Plena Potestas and Consent in Medieval Assemblies: A Study in Romano-Canonical Procedure and the Rise of Representation, 1150–1325

Traditio ◽  
1943 ◽  
Vol 1 ◽  
pp. 355-408 ◽  
Author(s):  
Gaines Post
Keyword(s):  
Thirteenth Century ◽  
Legal Theory ◽  
Roman Law ◽  
New Approach ◽  
Royal Authority ◽  
Strict Interpretation ◽  
History Of ◽  
Full Power ◽  
The One ◽  
The Right

By the end of the thirteenth century the royal writ of summons to Parliament usually specified that communities send representatives with “full power” to consent to whatever should be ordained by the king in his court and council. This “full power” was the famous plena potestas which was stated in the mandates carried by knights and burgesses to Parliament and by delegates of cities and towns to Cortes and States General, and which is still current in proxies for stockholders' meetings. It has, of course, like almost every word of the terminology in documents relating to representation, challenged interpretation: on the one side is the argument of J. G. Edwards, who confines himself to England, that plena potestas implied an almost political or sovereign consent which limited the royal authority; on the other, the assumption that it was an expression of involuntary consent to the acts and decisions of the royal government. In general, of course, whatever modern scholars have decided as to the right of consent has resulted either from modern conceptions of representation or from a strict interpretation of the terminology in the sources for the history of assemblies. No one has examined plena potestas in the light of the legal theory and procedure of the thirteenth century It is possible that by studying how legists and canonists viewed the meaning of plena potestas—for it, like most of the terminology in the mandate, came from Roman Law—we can find at least a relatively new approach to the problem of medieval consent.

scholarly journals OSIĄGNIĘCIA POLSKICH ROMANISTÓW W CIĄGU OSTATNICH DWÓCH LAT (2006/2007 – 2007/2008)

2017 ◽  
Vol 8 (2) ◽  
pp. 7
Author(s):  
Maria Zabłocka
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Legal Culture ◽  
Administrative Law ◽  
Public Law ◽  
Roman Law ◽  
History Of ◽  
Legal Structures ◽  
History Of Law ◽  
The One

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.

Forms of protection of interests in family law

2021 ◽  
pp. 146-158
Author(s):  
Svitlana Khodak
Keyword(s):  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Educational Process ◽  
Practical Significance ◽  
Single Type ◽  
Scientific Methods ◽  
Legal Method ◽  
Self Defense ◽  
The Right

Purpose. The purpose of the study is to determine the forms of protection of interests in family law. It is also necessary to disclose the features of forms of protection of interests in family law, and consideration of jurisdictional and non-jurisdictional forms of their protection. Methodology. Among the philosophical, general and special scientific methods used such as is the technical and legal method, which is used in the study of methods and forms of protection of interests in family law. Scientific novelty is that the article states that under the form of protection of interests in Family law should be understood as an internally agreed set of family law-based organizational and other measures carried out within a single type of procedures, agreed on a common goal, aimed at preventing, terminating violations and restoring them, by a special jurisdiction The study further developed the provision that the list of ways to protect family interests should go beyond the Family Code, be open, which determines the possibility of their protection in other ways not prohibited by law. Under the jurisdictional form of protection of interests in family law means e activity of the bodies authorized by the state on protection of family rights and interests of participants of family relations. The bodies that provide such protection include: the court, guardianship authorities, notary and prosecutor. The universality of the judicial form of protection of interests in family law is substantiated. At the same time, an approach has been adopted, according to which not only the violated interest is subject to protection, but also such an interest, which has not been violated at the time of protection in order to prevent violation. A non-jurisdictional form of protection of family interests is a factual action that a subject of family law commits to protect his or her own interest or the interest of another person without recourse to the relevant jurisdictions. Results. The author singles out two ways of exercising the right to self-defense of interest in family law: 1) self-defense of one's interest; 2) self-defense of another person's interest. The article proves the effectiveness of mediation as a jurisdictional form of protection of family interests. Practical significance. The results of the study can be used in lawmaking to improve legislation in the field of legal regulation of the category of interest; in the educational process - in the development of textbooks, teaching materials on the subject "Family Law of Ukraine".

scholarly journals Prosedur Pencatatan Perkawinan dan Perceraian di Negara Indonesia dan Malaysia Perspektif Hukum Islam

2017 ◽  
Vol 1 (1) ◽  
pp. 87-99
Author(s):  
Fahmi Basyar
Keyword(s):  
20Th Century ◽  
Family Law ◽  
South East Asia ◽  
Islamic World ◽  
Existing Problems ◽  
The Family ◽  
The Status ◽  
History Of ◽  
Muslim Majority ◽  
The Right

One phenomenon that emerged in the Islamic world in the 20th century is the family law renewal efforts undertaken by countries with Muslim majority. This was done in response to the dynamic development of society life. There are at least three points that is the objective of family law renewal in the Islamic world, as a law unification effort, raising the status of female, and responding to developments and demands to provide solutions to existing problems. A review of Act Number 1 in 1974 "named this law as a form of unification that is unique with respect fully the variation based on religion and belief to God, besides that unification aims to complement what is not regulated by religion, because in that matter, the state has the right to set it in accordance with the developments and the demands. From the aspect of the history of the Islamic family law renewal in South East Asia spearheaded by Malaysia. It is the first country that has been undertaking the renewal effort, with the birth of Mohammad Marriage Ordinance Number 5 in 1880 in the countries of the straits.

Spurii and the Roman View of Illegitimacy

Antichthon ◽  
1989 ◽  
Vol 23 ◽  
pp. 10-41 ◽  
Author(s):  
Beryl Rawson
Keyword(s):  
Social Problem ◽  
Family Law ◽  
Law And Society ◽  
Roman Law ◽  
Moral Problem ◽  
Ancient Rome ◽  
Roman Society ◽  
Illegitimate Child ◽  
The Law ◽  
Extended Discussion

‘Illegitimacy has been called a social problem for the last two centuries and a moral problem from time immemorial’ (Laslett 1980: 1). Many studies of ancient Roman society have dwelt on morals, and many texts of Roman law give much detail on family law and the law of persons. By contrast with studies of modern law and society, however, there has been little focus on the ‘idea’ of illegitimacy in ancient Rome and no extended discussion of what was involved in being an illegitimate child in that society.

scholarly journals The Construction and Practice of the Right of Residence System from the Perspectives of China

2021 ◽  
pp. 29-34
Author(s):  
Miao Chungang
Keyword(s):  
Social Life ◽  
Comparative Method ◽  
Civil Law ◽  
Civil Code ◽  
Social Needs ◽  
Roman Law ◽  
Value Judgments ◽  
Cultural Traditions ◽  
History Of ◽  
The Right

In the history of civil law, the residence right system, as a representative of human servitude, originated from Roman law and continued to develop in the "French Civil Code" and "German Civil Code". Based on the differences between Chinese and Western social and cultural traditions, Japanese civil law did not accept the human servitude system in the initial legal inheritance, and modern Chinese civil law also abandoned the human servitude system based on similar cultural value judgments. With the major changes in social life, based on the response to real social needs, the "Civil Code of the People's Republic of China" created a system of residency rights. This article uses the comparative method to study the historical evolution of the housing rights system, and explore the legal and cultural roots behind the establishment of the system. At the same time, with the help of typical cases, it analyzes the practice of the right of residence after the promulgation of the Civil Code and discusses the legal perfection of the right of residence system. This article points out the unpaid nature of the right of residence, which can easily hinder the development and effectiveness of the right of residence system. In the future judicial practice, we need to expand the interpretation of the law, expand the scope of the right of residence, and expand the legal function of the right of residence system, so as to make full use of social resources to meet the public's housing needs.

STATUS SOSIAL NON-MUSLIM DI TIMUR TENGAH

2019 ◽  
Vol 20 (1) ◽  
pp. 1-23
Author(s):  
Ahmad Naufal Dzulfaroh
Keyword(s):  
Middle East ◽  
Social Status ◽  
Minority Groups ◽  
Minority Group ◽  
Jewish Communities ◽  
East Region ◽  
History Of ◽  
The Government ◽  
Muslim Communities ◽  
The Right

This study aims to find detailed data on non-muslim social status in the Middle East, particularly the social status of Coptic Christian groups in Egypt, Christian Maronites in Lebanon, Christian in Sudan as well as Jewish communities in Egypt, Iraq and Iran. The research method used in this research is descriptive qualitative through literature review. The authors analyzed matters relating to the existence of groups, social and political status of non-muslim communities in the Middle East. As for the results of this analysis is first, non-muslim existence in the Middle East as a whole occupies a position as a minority group. This is due to the long history of the Islamic journey that has captured the entire Middle East region and the diaspora of the non-muslim population to the West. Second, in general, non-muslim groups in the Middle East are able to co-exist well with the majority. However, in certain situations minority groups are often subjected to several acts of terror, such as killing and assaulting houses of worship. Third, judging from the right received by non-muslim groups in the Middle East as citizens, only Sudanese Christian groups, Jewish Communities in Iraq and Iran are received discriminatory treatment. Fourth, politically, only the Egyptian and Christian Copts of Sudan received discriminatory treatment from the government, both political and parliamentary.  Keywords: Social Status, Non-muslim, Middle East

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