Foreign Judges and Communal Authorities in the Legislative and Legal Space of Florence in the Second Half of the 14th Century

Istoriya ◽  
2021 ◽  
Vol 12 (9 (107)) ◽  
pp. 0
Author(s):  
Irina Krasnova
Keyword(s):  
Political Regimes ◽  
14Th Century ◽  
Abuse Of Power ◽  
Legal Norms ◽  
Application Of Law ◽  
The People ◽  
Legal Space ◽  
Critical Moments ◽  
Crisis Situations

The article attempts to consider the actions of two communal systems of power — foreign officials: the Podestà, the Captain of the People and the Executor of the Institutions of Justice, as well as communal structures formed in 1293 — the Signoria as part of the Priory, headed by the Honfalonier of Justice and the colleges of 12 good husbands and 16 gonfaloniers of companies, in a difficult period of changing political regimes in the second half of the 14th century. The main problem of the research is the practice of the application of law and power in the context of a relatively wide communal democracy, multi-power and frequent turnover of the Signoria (every 2 months). Before each composition of the Signoria, there was a temptation at critical moments not to apply legal norms, especially in the sphere of punitive jurisdiction, and not to use powers of authority to punish and suppress their fellow citizens. In this regard, the members of the Signoria especially needed foreign officials, whose importance increase d in crisis situations, which gave rise to dictatorial inclinations and abuse of power by the Podestà and the Captains of the People

LEADERS AND TIMES OF CRISIS: JEREMIAH 5:1–6 A CASE IN POINT

2017 ◽  
Vol 24 (2) ◽  
pp. 657-677 ◽  
Author(s):  
Wilhelm J. Wessels
Keyword(s):  
Ordinary People ◽  
Covenant Theology ◽  
The People ◽  
History Of ◽  
Book Of Jeremiah ◽  
Definitive Role ◽  
Ethical Obligations ◽  
Moral Demands ◽  
The Way ◽  
Crisis Situations

The book of Jeremiah reflects a particular period in the history of Judah, certain theological perspectives and a particular portrayal of the prophet Jeremiah. Covenant theology played a major role in Jeremiah’s view of life and determined his expectations of leaders and ordinary people. He placed high value on justice and trustworthiness, and people who did not adhere to this would in his view bear the consequences of disobedience to Yahweh’s moral demands and unfaithfulness. The prophet expected those in positions of leadership to adhere to certain ethical obligations as is clear from most of the nouns which appear in Jeremiah 5:1–6. This article argues that crisis situations in history affect leaders’ communication, attitudes and responses. Leaders’ worldviews and ideologies play a definitive role in their responses to crises. Jeremiah’s religious views are reflected in his criticism and demands of people in his society. This is also true as seen from the way the people and leaders in Judah responded to the prophet’s proclamation. Jeremiah 5:1–6 emphasises that knowledge and accountability are expected of leaders at all times, but in particular during unstable political times.

scholarly journals Kajian Toleransi Dalam Teks Cerita Rakyat Masyarakat Rote di Nusa Tenggara Timur

2020 ◽  
Vol 3 (2) ◽  
pp. 282-305
Author(s):  
Iswanto Iswanto ◽  
Marsi Bombongan Rantesalu
Keyword(s):  
Text Analysis ◽  
Qualitative Method ◽  
14Th Century ◽  
A Value ◽  
The People ◽  
History Of ◽  
Life Behavior ◽  
Descriptive Qualitative

Abstract: Tolerance as a value is manifested in the life behavior of a group of people. The aim of this study is to analyze and describe tolerance studies based on the folklore of the people of Rote in East Nusa Tenggara. As research conducted by Rantesalu and Iswanto (2018), defines tolerance values based on the stories of the people of the Toraja community, namely the value of acceptability and understanding combined with togetherness and complementary. Another empirical paradigm was obtained from Hofner (2018) which explains the tolerance is influenced by social and political contexts. This research is focused on the specificity of the perception of tolerance that is formed from values based on folklore data. The method used is descriptive qualitative method and enriched with Ricour hermeneutic method in text analysis. The data obtained in the form of a folklore titled Landu, which tells the history of the formation of the Landu community on the island of Rote. The Landu Kingdom is one of the 19 kingdoms on Rote Island in the 14th century. Based on the data obtained the results of research on tolerance values contained in CRMR Landu are (1) This acceptability and understanding as a base the basis of tolerance is explained by the verb diadik loke // hule 'beri // kasih' and (2) the value of brotherhood based on the form of diadik dalek // teik 'rasa // inner', inak // touk 'father // mother '.Keywords: Tolerance, Text, Value Abstrak: Toleransi sebagai sebuah nilai diwujudkan dalam perilaku kehidupan suatu kelompok masyarakat. Tujuan penelitian ini ialah meganalisa dan mendeskripsikan kajian toleransi berdasarkan cerita rakyat masyarakat Rote di Nusa Tenggara Timur. Sebagaimana penelitian yang dilakukan oleh Rantesalu dan Iswanto (2018), mendefinisikan nilai toleransi berdasarkan ceritera rakyat masyarakat Toraja yang di dalamnya terdapat internalisasi nilai keberterimaan dan kesepahaman (acceptability and understanding). Selanjutnya, nilai-nilai tersebut disejajarkan dengan kebersamaan (togetherness) dan saling melengkapi (complementary). Paradigma empiris lainnya diperoleh dari Hofner (2018) yang menjelaskan toleransi yang ditimbulkan dari konteks politik di Indonesia. Penelitian ini lebih difukuskan pada kekhasan persepsi toleransi yang terbentuk dari nilai berdasarkan data cerita rakyat. Penelitian ini menggunakan pendekatan deskriptif kualitatif yang diperkaya dengan metode hermeneutik Ricour dalam analisa teks. Data yang diperoleh berupa cerita rakyat berjudul Landu, yang menceritakan sejarah terbentuknya masyarakat Landu di pulau Rote. Kerajaan Landu adalah salah satu kerajaan dari 19 kerajaan di Pulau Rote pada abad ke-14. Berdasarkan data diperoleh hasil penelitian nilai toleransi yang terdapat dalam CRMR Landu adalah (1) Nilai keberterimaan dan kesepahaman (acceptability and understanding) ini sebagai alas dasar toleransi dijelaskan berdasarkan verba diadik loke//hule ‘beri//kasih’ dan (2) nilai persaudaraan (brotherhood) yang berdasarkan pada bentuk diadik dalek//teik ‘rasa//batin’, inak//touk ‘ayah//ibu’. Kata Kunci: Toleransi, Teks, Landu

scholarly journals Micah 1, an apt introduction to power talks

1998 ◽  
Vol 19 (2) ◽  
Author(s):  
W.J. Wessels
Keyword(s):  
Old Testament ◽  
Sovereign Power ◽  
Ordinary People ◽  
Abuse Of Power ◽  
The People

Power and the abuse of it, is often an integral part of discussions in any society. The prophets of the Old Testament felt strongly about this issue and often spoke out against the abuse of power and the suffering caused by it. Micah particularly addresses this issue in chapters 2 and 3. He blames the leaders in society, who should look out for the ordinary people, that they in particular are guilty of this transgression. In chapter 1 Micah proclaims Yahweh as the sovereign power who they should take note off. On the very basis of Yahweh's sovereign power he then proclaims oracles of judgment on the people of Judah. Micah 1 seems to form an apt introduction to the talks of the abuse of power in the society of Judah.

Legal Protection For Buyers In Trading Land Rights Exercised In Front of The Village Head (The Practice oof Buying and Selling Land Rights Is Not Done Before PPAT In Plana Village Somagede District Banyumas Regency).

Authentica ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 54-74
Author(s):  
Yulia Yulia Widiastuti
Keyword(s):  
Government Policy ◽  
Government Regulation ◽  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Primary Data ◽  
Legal Norms ◽  
The People ◽  
The Village ◽  
Local Government Policy

The sale and sale of land rights must be done in the presence of PPAT as proof that there has been a sale and purchase of a land right and then PPAT makes a Deed of Sale and Then followed by registration at the local Land Office following the location of the land. But the fact that until now there is still a sale of land rights done in the presence of the Village Head, as happened in Plana Village Somagede District Banyumas Regency. The point raised in this study is why are the people of Plana Village Somagede sub-district still there who trade land rights, not before the authorized officials, namely PPAT? and what is the legal protection for buyers of land rights that are not done in the presence of authorized officials, namely PPAT? This research uses sociological juridical approach methods, primary data, and secondary data obtained and then analyzed based on legal norms and theories namely legal protection and legal effectiveness. From the results of the research and concluded, then the Village Head must dare to refuse to buy and sell land rights in front of him and the local government policy must impose strict sanctions on the Village Head who violated it, the socialization of the Banyumas district land office must be carried out regularly so that the people trade rights on the land following the prevailing regulations and for the villagers of Plana who have been able to trade rights on the land in front of the Village Head to immediately transition the rights to the land following Article 37 paragraph (1) or paragraph (2) of Government Regulation No. 24/1997 on Land Registration.Keywords: Buy and Sell, Village Head, PPAT

Aurangzeb’s Law and Popular Politics

2020 ◽  
pp. 147-175
Author(s):  
Abhishek Kaicker
Keyword(s):  
Eighteenth Century ◽  
Urban Communities ◽  
Historical Record ◽  
Unintended Consequence ◽  
Popular Politics ◽  
Legal Intervention ◽  
Application Of Law ◽  
The People ◽  
Political Protests ◽  
The Relationship

The discourse of sovereignty enunciated at the Mughal court had no place for the participation of its subjects. Yet, by the early eighteenth century, political protests had become visible in the cities of the empire across the historical record. How did this come to be? This chapter shows how Aurangzeb’s discourse of sovereignty privileging of the application of law (sharīʿa) set the terms of the relationship between the king and his subjects. While such legal intervention was designed to impose discipline on a society populated by unruly elites and commoners, an unintended consequence was the creation of new avenues through which urban communities engaged the state: Whether around questions of “justice” in urban disputes, or protests against the prices of food, or the imposition of the poll tax, the people of the empire’s cities began to increasingly demonstrate a capacity to challenge the king in the terms of his own discourse of sovereignty.

Legitimizing austerity in crisis-hit Greece

2020 ◽  
Vol 19 (4) ◽  
pp. 691-711
Author(s):  
E. Dimitris Kitis ◽  
Dimitris Serafis
Keyword(s):  
Social Democracy ◽  
Greek Population ◽  
Left Wing ◽  
European Level ◽  
Greek Crisis ◽  
Cognitive Linguistic ◽  
The People ◽  
Radical Left ◽  
Critical Moments

Abstract The article examines two key-speeches given by Greek PMs, at crucial junctures of the Greek crisis, both aiming to legitimize austerity programs to the Greek population. The speeches by Papandreou (Socialists) and Tsipras (Radical Left) represent critical moments of the crisis as the two PMs prepared to annul their pre-election promises for a cessation of austerity. Within a CDS framework, we combine Systemic-Functional and Cognitive-Linguistic perspectives to demonstrate that both speeches, contrary to depoliticized/technocratic (neoliberal) discourse, converge on the construction of a discourse that privileges ‘the people/nation’ while, contrary to left-populist discourse, obscure any references to ‘the-establishment’. We, thus, offer evidence of how left-wing discourses (of both established socialists and radical left) publicly (pro-)claim the reconfiguration of social-democracy while, in fact, capitulating to market demands for neoliberal austerity policies. Findings corroborate the view that real social-democracy has been neutered at the European level.

Society and Justice in Colonial Brazil in the 17th and 18th Centuries

2020 ◽  
Author(s):  
Isabele de Matos Pereira de Mello
Keyword(s):  
Theory And Practice ◽  
Customary Law ◽  
Access To Justice ◽  
Long Distance ◽  
Great Capacity ◽  
Royal Power ◽  
Application Of Law ◽  
The People ◽  
The Social ◽  
The Universe

In early modern societies, the duty of enforcing justice was one of the principal tasks of the monarch. Judicial power could be exercised both directly by the monarch—the supreme magistrate—or by those he delegated it to—judges or his courts. In the vast territory of Portuguese America, different institutions were created to ensure access to justice, to help govern the people, to assist in long-distance administration, and to maintain control over the crown’s dominions. Ouvidorias-gerais, judges, and courts were established with their own institutional officials, intermixing lower- and higher-level jurisdictions and exercising justice over distinct territorial spaces. To understand the functioning of judicial institutions in colonial society, it is important to analyze the universe of magistrates, their careers, judicial practices, and complex relations in the social environment. Magistrates, as an important professional group recruited by the Portuguese monarchy, had multiple overseas possibilities. They could serve at the same time as representatives of royal power and allies of local groups. These men faced a colonial reality that allowed them a wide sphere of action, the exercise of a differentiated authority, and a privileged position as intermediaries between local elites and the king. Even though all magistrates were subject to the same rules of selection, recruitment, appointment, and promotion, the exercise of justice in the slaveholding society of Portuguese America demanded a great capacity for adaptation and negotiation, for the application of law in the mosaic of local judicial situations. Magistrates circulated in different spaces, creating and working in different judicial institutions in the difficult balance between theory and practice, between written law and customary law.

scholarly journals Immigration, Civil Rights & the Evolution of the People

Daedalus ◽  
2013 ◽  
Vol 142 (3) ◽  
pp. 228-241 ◽  
Author(s):  
Cristina M. Rodríguez
Keyword(s):  
Civil Rights ◽  
Civil Rights Movement ◽  
Body Politic ◽  
Reciprocal Relationship ◽  
The Body ◽  
Immigrant Incorporation ◽  
Constitutional Rights ◽  
Full Membership ◽  
Legal Norms ◽  
The People

In considering what it means to treat immigration as a “civil rights” matter, I identify two frameworks for analysis. The first, universalistic in nature, emanates from personhood and promises non-citizens the protection of generally applicable laws and an important set of constitutional rights. The second seeks full incorporation for non-citizens into “the people,” a composite that evolves over time through social contestation – a process that can entail enforcement of legal norms but that revolves primarily around political argument. This pursuit of full membership for non-citizens implicates a reciprocal relationship between them and the body politic, and the interests of the polity help determine the contours of non-citizens' membership. Each of these frameworks has been shaped by the legal and political legacies of the civil rights movement itself, but the second formulation reveals how the pursuit of immigrant incorporation cannot be fully explained as a modern-day version of the civil rights struggle.

The Monk's Kop Ossuary

1967 ◽  
Vol 8 (3) ◽  
pp. 373-382 ◽  
Author(s):  
J. R. Crawford
Keyword(s):  
Southern Africa ◽  
Wide Distribution ◽  
14Th Century ◽  
North East ◽  
The North ◽  
The People ◽  
Dating Methods ◽  
Skeletal Material ◽  
Physical Type ◽  
Palm Leaf

This paper describes the excavation of a cave used for funerary purposes in the Mtoroshanga district of Rhodesia. The cave was found to contain a large quantity of skeletal material and pottery, together with the personal ornaments of the persons interred there. The physical type represented is similar to that of the modern Bantu-speaking peoples of Southern Africa. Bodies had been placed in the cave surrounded by pottery—although pottery, unlike the skeletal material, which was ubiquitous, was mainly placed towards the entrance of the cave. Quantities of palm-leaf and bark-cloth matting used for wrapping round the bodies of the persons interred were found. Conus shell end-whorls and glass beads indicate trade links with the outside world.There are two superimposed funerary layers in the cave, both belonging to the same culture, but at different stages of its development. The earlier layer has been dated by radicarbon dating methods to approximately the late 13th or early 14th century A.D. Prior to its use for funerary purposes, the cave had been briefly occupied for other purposes by people of the same culture.The ceramics of the site indicate that it belongs to a culture newly recognized in Rhodesia with a fairly wide distribution in the north-east of the country. Cultural affinities lie with Zambia and Malawi, rather than with the contemporary Zimbabwe culture, whose expansion, indeed, probably put an end to the occupation of the Mtoroshanga area by the people of the ossuary.

scholarly journals General issues of the exercise of jurisdiction in the process of application of law enforcement measures at sea

2020 ◽  
pp. 106-118
Author(s):  
A. P. Glazova
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Research Process ◽  
The State ◽  
Customary Law ◽  
Research Approach ◽  
Legal Norms ◽  
Application Of Law ◽  
Territorial Jurisdiction ◽  
The Law

INTRODUCTION. Currently, states can apply a whole range of law enforcement measures at sea in order to prevent such unlawful phenomena as piracy, slave trade, drug trafficking, migrant smuggling, etc. However, the problem of the exercise of jurisdiction by states within various maritime areas is the main sticking point during the implementation of these measures. In an attempt to exercise the law enforcement function at sea, the state can't ignore the fact that its ability to create legal norms and ensure their effective implementation depends not only on its will as a sovereign, but also on the restrictions imposed by international law. Therefore, maintaining a balance between limiting the “territorialization” of maritime areas and the need to carry out a law enforcement function logically entails the need to determine the nature and content of the concept of “jurisdiction of the state” within different maritime areas, as well as to identify specific features of this legal category. The present article focuses on this and other related issues.MATERIALS AND METHODS. Historical and comparative analysis along with dogmatic research approach were used in the research process and the entire research is well grounded in focusing on the norms of international treaty law and customary law. In addition to that this research focuses on the norms of national law governing issues related to the application of law enforcement measurement at the sea. Apart from those given material and methodical inputs, the doctrinal works of the relevant jurists have been used in this research.RESEARCH RELULTS. The author comes to an alternative conclusion that territorial jurisdiction within the maritime territory is not absolute, which is due, apparently, the principle of freedom of the high seas which have a longer support by the international community. The definition of jurisdiction as extraterritorial is not self-sufficient, since in case of conflict of jurisdictions, additional legal criteria are required to resolve such a conflict. The classification of extraterritorial jurisdiction depending on the principles on which it is based also does not solve the problem, since some principles, such as protective or universal, in turn, require additional criteria in order to become a self-sufficient tool to overcome legal uncertainty. The author notes that the ability to exercise territorial jurisdiction within maritime areas, as a rule, determines the ability to exercise legislative and executive jurisdiction, which are also not absolute. The exercise of extraterritorial legislative or executive jurisdiction at sea is potentially permissible only on the basis of international law to solve a specific function, for example, law enforcement.DISCUSSION AND CONCLUSION. The main problem of the varieties of jurisdiction proposed by in- ternational legal science is that each of them only supplements each other, describing a possible choice, but not explaining why a particular choice should be preferred in case of conflict. It is obvious that current uncertainty has created some severe impacts upon the institution of law enforcement measures at sea as a result of the absence of standards for enforcement measures that could make a balance to the mechanism. Hence the law enforcer has to be cautious with a number of factors in deciding the implementation of law enforcement measures within the sea.

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