scholarly journals Roman law and the development of legal science in S.A. Muromtsev’s concept

2019 ◽  
pp. 191-199
Author(s):  
L. V. Batiev
Keyword(s):  
Historical Development ◽  
Scientific Practice ◽  
Roman Law ◽  
Scientific Concept ◽  
Special Role ◽  
Historical School ◽  
Theoretical Approaches ◽  
History Of ◽  
Legal Thinking ◽  
History Of Law

The predominant interest of S.A. Muromtsev in Roman law and jurisprudence (legal thinking) in the 1870-1880s is due to their special role in the history of law and in the legal system of modern Europe, as well as the science of civil law. His research in this area was not so much historical as theoretical. It was works on Roman law that formed the S.A. Muromtsev’s scientific concept. Based on the analysis of the problem of the conservatism of Roman jurisprudence, S.A. Muromtsev, following R. Iering and contrary to the historical school, comes to the conclusion that the content of law is causally dependent on the needs of civil life and the activity of legal thinking (jurisprudence in the broad sense), formulating new standards in the struggle of ideas and goals. With this approach, along with economic and other factors of the development of society and its needs, to understand the development of law, it is important to study the properties of legal thinking in its historical development. The combination of historical and theoretical approaches to the study of law and legal thinking seems fruitful, but little realized in scientific practice.

Part I Histories, Ch.2 Roman Law and the Intellectual History of International Law

2016 ◽  
Author(s):  
Lesaffer Randall
Keyword(s):  
International Law ◽  
Intellectual History ◽  
Middle Ages ◽  
Roman Law ◽  
Late Middle Ages ◽  
History Of ◽  
History Of Law ◽  
History Of International Law ◽  
Roman Antiquity

This chapter describes the role of Roman law—whose influence has been largely underestimated in recent scholarship—in the intellectual history and development of international law. To that end, the chapter offers a general survey of the historical interactions between Roman law and international law, drawing from general insights into the intellectual history of law in Europe that have remained remarkably absent in the grand narrative of the history of international law. The focus is on the periods in which these interactions were most pronounced. Next to Roman Antiquity, these are the Late Middle Ages (eleventh to fifteenth centuries) and the Early Modern Age (sixteenth to eighteenth centuries).

Dr. Thomas Fastolf and the History of Law Reporting

1986 ◽  
Vol 45 (1) ◽  
pp. 84-96 ◽  
Author(s):  
J. H. Baker
Keyword(s):  
Canon Law ◽  
Case Law ◽  
Roman Law ◽  
Divine Inspiration ◽  
History Of ◽  
History Of Law ◽  
The Common ◽  
John Xxii ◽  
Papal Court

It is sometimes supposed by English lawyers that one of the principal differences between their law and other European legal systems is that the common law is founded on decided cases, whereas systems influenced by Roman law depend on texts and doctrinal literature. Some Civilians might accept the distinction. But the canonist knows that it is hardly accurate. In the first place, his decretals can be regarded both as case-law and as texts. Moreover, once the pope began to commit his adjudicative authority to a court composed of doctors of law, canon law became increasingly the jurisprudence of a learned tribunal. The supreme papal court was the “Audience,” where cases were heard before the auditors of the papal palace (domini auditores sacri palacii apostolici). The pope had appointed auditors of causes since early times, and their procedure had become regularised during the thirteenth century. By the fourteenth century, when these judges were lawyers of distinction from all over Europe, the Court of Audience had become a collegiate body; and under Pope John XXII (1316–34) it was given a written constitution and a settled home. John settled his curia at Avignon, and built a hall of audience alongside his palace there. In 1331 he promulgated the bull Ratio iuris, which was intended to govern for all time what it described as “the highest court established under divine inspiration, where the quality of justice abounds in excellence and brilliance.”

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.

Foundations of legal tradition: the case of ancient Greece

Legal Studies ◽  
1989 ◽  
Vol 9 (3) ◽  
pp. 241-260
Author(s):  
Neil Duxbury
Keyword(s):  
Ancient Greece ◽  
Roman Law ◽  
Legal Tradition ◽  
Law System ◽  
The World ◽  
Ancient Law ◽  
History Of ◽  
History Of Law

Much has often been made of Maine's striking opening sentence to his Ancient Law, in which he states that the most celebrated system of jurisprudence in the world, the Roman law system, ‘begins, as it ends, with a code.’ It is a remark which serves well those who argue that law has evolved as a predominantly written culture. Yet, as Maine points out, the publication of the Twelve Tables (these traditionally being regarded as the foundation of Roman law) ‘is not the earliest point at which we can take up the history of law.’

scholarly journals Remapping Bangladesh: A Palimpsestic Approach to Tehmima Anam’s Bengal Trilogy

2021 ◽  
Vol VI (I) ◽  
pp. 133-142
Author(s):  
Hafiza Habiba Ikram ◽  
Amara Khan
Keyword(s):  
Golden Age ◽  
Special Role ◽  
Female Characters ◽  
Male Characters ◽  
Theoretical Approaches ◽  
Time Period ◽  
History Of

I here apply the Palimpsestic approach to the major events and characters in Tehmima Anam’s Bengal Trilogy, A Golden Age (2007), The Good Muslim (2011) and The Bones of Grace (2016). I have explored how Anam remaps particular places in her trilogy by adding a unique narrative in the history of Bangladesh. This research identifies the reactions of some of the major characters when they are placed in a particular time period which eventually changes their perception of the particular situation. I have analyzed three major female characters and a couple of minor male characters to find out what makes them distinctive and challenging in the light of the selected theoretical approaches. The major aspects of the Palimpsest approach such as superimposed structures, overwriting and rewriting of certain events, re-inscription of certain ideas, remapping of particular places, and the special role of memory or recalling of an event highlight the trilogy as a palimpsest text.

Savigny, Friedrich Karl von (1779–1861)

2018 ◽  
Author(s):  
Neil MacCormick
Keyword(s):  
Nineteenth Century ◽  
Historical Development ◽  
Customary Law ◽  
Roman Law ◽  
Sovereign Power ◽  
Philosophy Of Law ◽  
Historical School ◽  
Romantic Movement

Friedrich Karl von Savigny was a powerfully influential student of Roman law both in its medieval manifestations and in the contemporary ‘Pandektenrecht’ (law based on Justinian’s Pandects, or Digest) of nineteenth-century Germany. His contributions to the philosophy of law are in the spirit of the Romantic movement, and lay stress on the organic character of the legal experience of a people, hence favouring customary law over statute law, and opposing the contemporary movement towards codification. A founder of what is sometimes called the ‘historical school’ in the philosophy of law, he argues that law is to be understood always in its historical setting, the result of a process of historical development, not simply as the arbitrary command of a – perhaps transitory – sovereign power.

Lefebvre-Teillard, Anne, L'école de droit parisienne (fin XIIe–début XIIIe siècle)

2019 ◽  
Vol 105 (1) ◽  
pp. 44-54 ◽  
Author(s):  
A. Lefebvre-Teillard
Keyword(s):  
Thirteenth Century ◽  
Roman Law ◽  
History Of ◽  
Specific Teaching ◽  
History Of Law

Abstract The Parisian School of Law (end of the 12th to the beginning of the 13th century). The lecture of which the text is published below, was presented at the 'International Days' of the Society for the History of Law that was held in Bologna in May 2018. It aims to reflect on the research carried out on the Parisian school since the famous speech by Stephen Kuttner made at the 1937 Journées in Paris on 'The beginnings of the French canonist school'. Born after the publication of Gratian's Decretum, the Parisian school first developed during the long pontificate of Alexander III (1159–1181). Summae, distinctions and quaestiones about the Decretum developed during the 1180s, due to the presence of three very active 'Englishmen' in particular: Rodoicus Modicipassus, Ricardus de Mores (known as 'Ricardus the Englishman') and Honorius de Kent. Without neglecting the theological aspects, all three appeal to Roman law in their works, but also to the new pontifical decretals. The first decade of the thirteenth century was then marked by the publication of two important apparati on the Decretum: Ecce vicit leo and Animal est substantia, whose authors turn resolutely to Roman law. A specific teaching in the latter seems to have emerged during the same period, which sees the flourishing of the ius novum, a new teaching based on the Campilatio prima by Bernardus of Pavia. This dual orientation would then be strongly criticised by some theologians, for whom Paris was their undisputed centre of study. They then obtained a prohibition on the teaching of Roman law in Paris from Pope Honorius III in 1219.

scholarly journals O użyteczności badań nad prawem rzymskim – refleksje na kanwie rozprawy Joanny Kruszyńskiej-Koli pt. Ratio przedawnienia

2021 ◽  
Vol 14 (3) ◽  
pp. 355-368
Author(s):  
Marek Sobczyk
Keyword(s):  
Civil Law ◽  
Point Of View ◽  
Roman Law ◽  
Personal Opinion ◽  
Depth Analysis ◽  
History Of ◽  
Excellent Method ◽  
History Of Law ◽  
Historical Methodology

On the Usefulness of Research into Roman Law – Some Reflections on the Joanna Kruszyńska – Kola’s Dissertation Ratio przedawnienia [The ratio of prescription] In this paper I present my personal opinion on the role of present-day research into the history of law, especially into Roman law, referring to the wider issue of the usefulness of Roman law in the future development of private law. I emphasize the clear deficit of communication between historians and proponents of modern law doctrine. This shortcoming is manifested in the lack of interest that lawyers tend to display in achievements in the field of legal history, and is proved more concretely by the fact that the references to the history in monographs on civil law are often only superficial and fragmentary. Unfortunately, legal historians rarely try to initiate any real dialogue with the practitioners of civil law doctrine. This approach offers a profound and compelling study, which both takes the present point of view into consideration and tackles many of the questions that are important and interesting today. I intend to indicate at least some basic issues that should be taken into consideration by legal historians who want to pique other lawyers’ interest in their works. In my opinion, the most important aspects are the choice of an attractive topic, that is not confined only to history; proper identification of the detailed issues, including such issues as are crucial and interesting today; and in-depth analysis of both current law and the discourse held in modern doctrine. It is significant to combine the appropriate historical methodology with the need for an attractive and communicative presentation of the research and its results. In her dissertation on the ratio of prescription Joanna Kruszyńska-Kola proposes an excellent method for improving communication with proponents of modern law doctrine. I am convinced that her work brings substance to the vision of research into the history of law which is described in my paper, for that reason I demonstrate how the author managed to achieve the purpose that legal historians should be pursuing.

scholarly journals PROFESOR JÓZEFAT ZIELONACKI (1818-1884) NA TLE XIX -WIECZNEJ PANDEKTYSTYKI

2017 ◽  
Vol 7 (1) ◽  
pp. 77
Author(s):  
Agnieszka Zięba
Keyword(s):  
Research Method ◽  
Historical Perspective ◽  
Roman Law ◽  
European Study ◽  
Historical School ◽  
Xixth Century ◽  
History Of ◽  
Contemporary Study ◽  
Scientific System ◽  
The University

Prof. Jozefat Zielonacki (1818-1884) against the Background of the XIXth Century Study of PandectsSummaryThe study of pandects is the study of the intercepted Rom an law formed and developed in the XIXth century Germany. The pandectist made use of the Justynian codification and their research m ethod was shaped under the influence of so called historical school in jurisprudence created by F.K. Savigny. Conducting a research on unparalleled scale on the Rom an law and with a time rejecting the historical perspective therein led to a creation o f an abstract scientific system - the „contemporary Rom an law”, viz. the study of pandects. In the second half of the XIXth century it dom inated the European study of law.The Polish representative of this branch was Jozefat Zielonacki, a graduate o f the Berlin University, a pupil of F.K. Savigny. H e lectured the Roman law at universities in Cracow (from which it was repealed after two years as a result of anti-Plish victimisation), Innsbruck, Prague, and Lwow. He stayed in Lwow from 1857 to 1870, contributing to ‘Polonisation’ of the university and establishing a well-founded centre of the Roman law study, well-admitted in Europe of that time. As far as the research method is concerned, Prof. Zielonacki constantly remained a pandectist - he created ahistorical works and the Roman law is treated therein as the prototype o f the contemporary binding law.The study of pandects is nowadays treated as one of numerous great periods of the history of the study of law and its achievements: the ordination, m ethod of thinking and terms retain their usefulness also for the contemporary study of civil law.

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