scholarly journals Pojęcie karalnego usiłowania w doktrynie oraz ustawodawstwie miast włoskich (XIII–XIV wiek)

Prawo ◽  
2021 ◽  
Vol 332 ◽  
pp. 11-23
Author(s):  
Wojciech Rudnik
Keyword(s):  
Fourteenth Century ◽  
Criminal Liability ◽  
General Rule ◽  
Major Influence ◽  
Legal Systems ◽  
Criminal Offence ◽  
14Th Century ◽  
Legal Rules ◽  
The Past ◽  
Statutory Law

The notion of punishable attempt in doctrine and statutory law of Italian cities (13th–14th century) The purpose of the article is organising the past knowledge about criminal liability of the intent to commit a criminal offence. The legal construction of first offences formed in the statutes passed by Italian cities from the thirteenth to the fourteenth century. The possibility of an unfettered enactment of these legal acts was related to the autonomy of peculiar state structures — urban communes. In statutory law the elements of Roman and Lombard law articulated one another. However, these previous legal systems did not yet know the liability for attempting to commit crime as a general rule. A major influence on the activity of urban legislators was exerted by the notions framed by contemporary jurists, concerning themselves with the theoretical grounds for the institution of attempted crime. The author gives instances of legal rules, originating from the statutes of various communes, which proclaim that the intent to commit an unlawful act was punishable, despite the act itself not being committed. Der Begriff eines strafbaren Versuchs in der Doktrin und in der Gesetzgebung der italienischen Städte (13.–14. Jahrhundert) Ziel des Beitrags ist, das bisherige Wissen über die strafrechtliche Verantwortlichkeit des Vorsatzes zur Begehung einer Straftat zu organisieren. Die Konstruktion des Versuchs ein Verbrechen zu begehen, erschien zum ersten Mal in den im 13. und 14. Jahrhundert durch die italienischen Städte erlassenen Statuten. Die Möglichkeit einer ungehinderten Entstehung dieser Rechtsakte war auf die Autonomie der eigenartigen institutionellen Form — der Stadtkommunen zurückzuführen. In der Satzungsgesetzgebung verbanden sich Elemente des römischen und des langobardischen Rechts miteinander. Diese früheren Rechtssysteme kannten jedoch grundsätzlich die Verantwortlichkeit für verbrecherischen Vorsatz noch nicht. Großen Einfluss auf die Tätigkeit der städtischen Gesetzgeber übten die Ansichten der damaligen Juristen aus, die sich mit der theoretischen Begründung der Institution des Versuchs befassten. Der Autor stellt Beispiele der Vorschriften dar, die den Statuten verschiedener Kommunen zu entnehmen sind und die von der Strafbarkeit eines Versuchs, eine Straftat zu begehen, ohne dass diese vollendet wurde, zeugen.

6. Formalities

Contract Law ◽  
2020 ◽  
pp. 245-258
Author(s):  
Ewan McKendrick
Keyword(s):  
General Rule ◽  
Contract Law ◽  
Legal Systems ◽  
The Past ◽  
The Future ◽  
The Law ◽  
Formal Requirements ◽  
Made In

Requirements of form (such as writing) are not as important today as they were in the past. As a general rule, contracts can be made in any form and can be proved by any means, although there remain exceptional cases where the law does insist upon requirements of form. This chapter, which considers the reasons for continued reliance upon requirements of form, along with the criticisms levelled against such requirements, begins by explaining why legal systems impose formal requirements upon contracting parties. It then outlines the formal requirements in English contract law, followed by a discussion of the future of formal requirements, noting the distinction between cases where the contract must be made in writing and cases in which contracts must be evidenced in writing.

6. Formalities

Contract Law ◽  
2018 ◽  
Author(s):  
Ewan McKendrick
Keyword(s):  
General Rule ◽  
Contract Law ◽  
Legal Systems ◽  
The Past ◽  
The Future ◽  
The Law ◽  
Formal Requirements ◽  
Made In

Requirements of form (such as writing) are not as important today as they were in the past. As a general rule, contracts can be made in any form and can be proved by any means, although there remain exceptional cases where the law does insist upon requirements of form. This chapter, which considers the reasons for continued reliance upon requirements of form, along with the criticisms levelled against such requirements, begins by explaining why legal systems impose formal requirements upon contracting parties. It then outlines the formal requirements in English contract law, followed by a discussion of the future of formal requirements, noting the distinction between cases where the contract must be made in writing and cases in which contracts must be evidenced in writing.

scholarly journals The Power of Comparative Law: What Types of Units Can Comparative Law Compare?

2019 ◽  
Vol 67 (4) ◽  
pp. 861-888
Author(s):  
Mathias Siems
Keyword(s):  
Dispute Resolution ◽  
Comparative Law ◽  
Legal Systems ◽  
Legal Rules ◽  
The Past

Abstract What can comparative law compare? It is relatively uncontroversial that certain topics are included in its scope. For example, there is little doubt that any comparison between legal rules of different countries belongs to the field of comparative law. Beyond this traditional scope, some comparatists include further topics, for example, suggesting that legal systems of the past, subnational laws, and informal forms of dispute resolution can also be possible units of comparative law. But why stop here? As many legal topics involve elements of comparison, it may only be logical to make any comparison in law part of the field of comparative law. However, such a suggestion about the broadening of comparative law also needs to assess whether the methods and concepts of comparative law can be made suitable for non-conventional units. Therefore, this Article will discuss both the possible extensions to the scope of comparative law and the corresponding power of comparative law to deal with these new units of comparison.

‘Newness which never perishes’? Schoenberg’s ambivalent reception of Haydn

2010 ◽  
Vol 51 (1-2) ◽  
pp. 215-224
Author(s):  
Alexander Carpenter
Keyword(s):  
The Other ◽  
Major Influence ◽  
Musical Style ◽  
The Past ◽  
Other Hand ◽  
The Future ◽  
Music Tradition

This paper explores Arnold Schoenberg’s curious ambivalence towards Haydn. Schoenberg recognized Haydn as an important figure in the German serious music tradition, but never closely examined or clearly articulated Haydn’s influence and import on his own musical style and ethos, as he did with many other major composers. This paper argues that Schoenberg failed to explicitly recognize Haydn as a major influence because he saw Haydn as he saw himself, namely as a somewhat ungainly, paradoxical figure, with one foot in the past and one in the future. In his voluminous writings on music, Haydn is mentioned by Schoenberg far less frequently than Bach, Mozart, or Beethoven, and his music appears rarely as examples in Schoenberg’s theoretical texts. When Schoenberg does talk about Haydn’s music, he invokes — with tacit negativity — its accessibility, counterpoising it with more recondite music, such as Beethoven’s, or his own. On the other hand, Schoenberg also praises Haydn for his complex, irregular phrasing and harmonic exploration. Haydn thus appears in Schoenberg’s writings as a figure invested with ambivalence: a key member of the First Viennese triumvirate, but at the same time he is curiously phantasmal, and is accorded a peripheral place in Schoenberg’s version of the canon and his own musical genealogy.

Crime and Punishment

2017 ◽  
Author(s):  
Richard Adelstein
Keyword(s):  
Criminal Liability ◽  
Court Case ◽  
Efficient Allocation ◽  
Two Stage ◽  
Crime And Punishment ◽  
The Past ◽  
Ex Post ◽  
Ex Ante ◽  
Supreme Court Case

This chapter elaborates the operation of criminal liability by closely considering efficient crimes and the law’s stance toward them, shows how its commitment to proportional punishment prevents the probability scaling that systemically efficient allocation requires, and discusses the procedures that determine the actual liability prices imposed on offenders. Efficient crimes are effectively encouraged by proportional punishment, and their nature and implications are examined. But proportional punishment precludes probability scaling, and induces far more than the systemically efficient number of crimes. Liability prices that match the specific costs imposed by the offender at bar are sought through a two-stage procedure of legislative determination of punishment ranges ex ante and judicial determination of exact prices ex post, which creates a dilemma: whether to price crimes accurately in the past or deter them accurately in the future. An illustrative Supreme Court case bringing all these themes together is discussed in conclusion.

History, Story, and Community: Representing the Past in Latin Christendom, 1050–1400

2018 ◽  
Author(s):  
Charles F. Briggs
Keyword(s):  
Fourteenth Century ◽  
North Africa ◽  
Economic Conditions ◽  
Historical Writing ◽  
The Past ◽  
Accelerated Growth

This chapter looks at Latin Christendom's evolution of historical writing, which had issued forth from a few, mostly monastic, centers, and eventually swelled into a substantial river fed by many and diverse tributaries. This expansionary trend in historiography was itself but one small manifestation of a protracted phase of accelerated growth in Europe, beginning in roughly the year 1000 and continuing until the early decades of the fourteenth century. The politically atomized, sparsely populated, and economically nonintegrated society that survived the inner turmoil attending the breakup of the Frankish Empire and the incursions of peoples from North Africa, the Eurasian Steppes, and Scandinavia during the ninth through early eleventh centuries, demonstrated a renewed vitality — spurred in part by the new political and economic conditions, as well as a period of improved climate.

scholarly journals Applying the Precautionary Principle to Private Persons : Should it Affect Civil and Criminal Liability?

2005 ◽  
Vol 43 (1) ◽  
pp. 63-78 ◽  
Author(s):  
Bruce Pardy
Keyword(s):  
Precautionary Principle ◽  
Environmental Law ◽  
Criminal Liability ◽  
Strict Liability ◽  
Criminal Punishment ◽  
International Environmental Law ◽  
The Precautionary Principle ◽  
The Past ◽  
Precautionary Action ◽  
Domestic Law

The precautionary principle, developed in international environmental law, is a prospective concept. It can be used to decide what should be allowed to occur in the future. The question addressed in this article is whether, in domestic law, the precautionary principle should be applied retrospectively. Should precautionary behaviour be used as a standard to apply to the past actions of private persons, so as to judge whether those persons have acted legally ? In the civil realm, the answer is « yes ». Applying the precautionary principle in civil cases removes foreseeability requirements, and transforms liability based on fault into strict liability. In the criminal sphere, retrospective application of the precautionary principle is not appropriate. To require precautionary action on the part of an accused in an environmental prosecution transforms strict liability into absolute liability, and creates the potential for criminal punishment in the absence of culpability.

scholarly journals Culpability, Kingston and the Law Commission

2010 ◽  
Vol 74 (5) ◽  
pp. 434-471 ◽  
Author(s):  
Cath Crosby
Keyword(s):  
Justice System ◽  
Criminal Liability ◽  
Character Theory ◽  
Criminal Offence ◽  
Pragmatic Approach ◽  
House Of Lords ◽  
The Law ◽  
Court Of Appeal ◽  
Law Commission ◽  
Do So

This article considers the basis upon which a person should be held to be criminally liable, and to do so, it is necessary to examine the leading theories of character and choice that underpin the State holding a person to be culpable of a criminal offence, i.e. the link between culpability and fault. The case of R v Kingston1 is used to examine the application of these leading theories and it is observed that choice theorists would not excuse such a defendant from criminal liability even though his capacity to make a choice to refrain from law breaking was made extremely difficult by external factors beyond his control. Only character theory could possibly offer exculpation in such circumstances on the basis that the defendant acted ‘out of character’ and his deed did not deserve the full censure and punishment of the criminal law. The Court of Appeal in R v Kingston would have been prepared to excuse, but the House of Lords, and most recently the Law Commission have adopted a pragmatic approach to the involuntarily intoxicated offender. This case serves as a reminder that while justice is the aim of the criminal justice system, it is not an absolute standard.

scholarly journals Classical elements in the Serbian painting of the fourteenth century

2007 ◽  
pp. 363-370 ◽  
Author(s):  
Mirjana Gligorijevic-Maksimovic
Keyword(s):  
Everyday Life ◽  
Fourteenth Century ◽  
14Th Century

In the early 14th century influences of a new style emanating from Constantinople contained reminiscences of classical ideas and forms (contents of compositions, the painted landscape, the human figures, genre scenes based on everyday life, classical figures, personifications and allegorical figures). Towards the end of the century classical influences in painting began to wane.

scholarly journals Radical men and sympathizing women? Gendered constructions of agency in charges of terrorism in Germany

2021 ◽  
pp. 203228442110602
Author(s):  
Kerstin Eppert ◽  
Viktoria Roth
Keyword(s):  
Criminal Liability ◽  
Federal Court ◽  
Political Agency ◽  
Dominant Male ◽  
Scholarly Research ◽  
Institutional Practices ◽  
The Past ◽  
Court Of Justice ◽  
Federal Court Of Justice

In the past, scholarly research in extremism and terrorism studies tended to analyse women’s engagement with violent ideology-based groups from a normative angle, framing female commitment to radical ideologies and violence as cases of inherent victimization or as instigated by a dominant male. Particularly in the negotiation of women’s transnational support of terror organizations in Syria, gendered frames of political agency have been reproduced in the institutional practices of the judiciary. Taking the case of Germany and four appeals lodged at the Federal Court of Justice between 2015 and 2017 as examples, this article analyses gendered conceptions of agency in argumentation with respect to criminal liability in the context of extremist engagement in Syria. It identifies, first, the gendered construction of defendants before the courts and inherently gendered assumptions about agency and second, a formal organizational understanding in the terrorism clauses as the two underlying problems and suggests that current concepts in terrorism norms at national, EU und international levels deflect the focus on the wider conflict dynamics where civilians’ support to violence is concerned.

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