scholarly journals Greckie wpływy na powstanie Ustawy XII Tablic : (na marginesie glosy Accursiusa do D. 1,2,2,4)

1994 ◽  
Vol 37 (3-4) ◽  
pp. 39-45
Author(s):  
Witold Wołodkiewicz
Keyword(s):  
Middle Ages ◽  
Roman Law ◽  
Roman Society ◽  
History Of ◽  
Total Lack ◽  
The Creation ◽  
The Law ◽  
The Middle Ages

The problem of Greek influence on the creation and the content of the Twelve Tables appeared several times in Roman lawyers’ records. Amongst few jurists, Pomponius wrote about the influence of Greek cities law on the Twelve Tables in the famous fragment on the history of Roman law from his Enchiridion (D. 1,2,2,3-4). Accursius gave an ample gloss to the fragment. He cites an anecdote on the creation of the Twelve Tables: „Greeks had delegated a wise man to visit Rome in order to estimate, after a discussion with its inhabitants, whether they are mature enough to be presented with the law that was prepared. Romans reached the decision that a fool should confront the Greek: there would be no damage to them if he lost, they thought. Obviously, both had to speak by signs. „The Greek started the duel raising one finger what meant that he believed in one God. The Roman took it as an attack on his eye and showed two fingers, which made three with his thumb, in order to be dangerous for both eyes of his adversary. However, the visitor understood the gesture as an acceptance of faith in one God with addition that He is triune. Referring to that, the Greek showed an open palm - it signified that everything is known to the Almighty. Yet, the fool thought that it is to strike his hand and raised the fist to demonstrate that he was going to defend himself. The wise man from Greece understood it as a statement that God has human fortune in His hand and reigns over all affairs of this world. „After this conversation, the Greek concluded that Roman society is developed in the degree they can be gifted with the prepared statue” . The story is one of the first notes on Greek influence on the Twelve Tables. It shows the total lack o f historic perpsective that was shared by glossators in the Middle Ages. The article contains also some references to the historiography of the Greek influence on the Twelve Tables.

scholarly journals XXII.—Some Historical Aspects of the English Law of Attainder and Forfeiture for High Treason

Archaeologia ◽  
1883 ◽  
Vol 47 (2) ◽  
pp. 409-428
Author(s):  
Alfred Bailey
Keyword(s):  
Middle Ages ◽  
Proper Understanding ◽  
Historical Aspects ◽  
Wars Of The Roses ◽  
History Of ◽  
English Law ◽  
The Law ◽  
The Middle Ages

A knowledge of the working of the English Law of Attainder and Forfeiture for High Treason is essential to a proper understanding of the History of England in the Middle Ages, especially during the period of the Wars of the Roses.Perhaps the working of the law can be shown best in individual cases. Let us select as examples the fortunes of the dignities and estates which but for forfeiture and other intervening circumstances would have centred in the ill-fated Edward Earl of Warwick, last male scion of the splendid House of Plantagenet.

The History of International Relations During Antiquity and the Middle Ages

1911 ◽  
Vol 5 (4) ◽  
pp. 901-933 ◽  
Author(s):  
Amos S. Hershey
Keyword(s):  
Middle Ages ◽  
International Community ◽  
Law Of Nations ◽  
History Of ◽  
Independent States ◽  
Full Sense ◽  
General Recognition ◽  
The Law ◽  
History Of International Law ◽  
The Middle Ages

The history of international law is essentially a history of the law governing the members of the international community of states in their relations with one another. Inasmuch as the observance of well-established customs of the law of nations implies the existence of an international community of states based upon a general recognition of the fundamental principles of territorial sovereignty and legal equality of independent states, such a law (in the strict and full sense of this term) could not possibly have been developed prior to the rise of the modern European state system, at the close of the Middle Ages or during the fifteenth and sixteenth centuries of our era. Nevertheless, we are by no means without evidence of the observance in intercommunity intercourse of certain rules and customs, even during antiquity and the Middle Ages, mainly with a religious sanction. This was especially the case in Greece, where there were developed rules and customs of intermunicipal law which, in many respects, bear a truly remarkable resemblance to our modern system of international jurisprudence.

BARTOLUS OF SASSOFERRATO AND FREE CITIES

2000 ◽  
Vol 10 ◽  
pp. 65-89 ◽  
Author(s):  
Magnus Ryan
Keyword(s):  
Middle Ages ◽  
Eleventh Century ◽  
Full Scale ◽  
Roman Law ◽  
Scale Analysis ◽  
Political Ideas ◽  
History Of ◽  
Free People ◽  
The Middle Ages

Abstract‘Well are ye called the Free People.' – BagheeraBARTOLUS of Sassoferrato (1314–1357) is as famous to legal historians and specialists in the history of political ideas as he is unkown outside those areas of research. His obscurity is owed not to his mind but to his genre: the commentary on Justinian'sCorpus Iuris Civilis, and the occasional monograph of more systematic yet still legalistic lineaments. Of the thousands of lawyers who studied, taught and applied Roman law from its rediscovery in the late eleventh century to the end of the middle ages, there are perhaps three or four who command universal respect, some of whom we shall encounter in what follows. Only Bartolus radiates the nimbus of genius. In the realm of political ideas, he has – perversely, perhaps – best been served by Anglophone historiography, beginning with the classic study published in 1913 by C.N.S. Woolf, continuing by way of Walter Ullmann's numerous articles and most recently subjected to a full-scale analysis by Joseph Canning in his study of the ideas of Bartolus' most famous pupil, Baldus de Ubaldis (d. 1400).

Lex posterior derogat priori, lex specialis derogat generali Jalons pour une histoire des conflits de normes centrée sur ces deux solutions concurrentes

2012 ◽  
Vol 80 (3-4) ◽  
pp. 353-397 ◽  
Author(s):  
Jean-Louis Halpérin
Keyword(s):  
Middle Ages ◽  
Civil Law ◽  
Roman Law ◽  
History Of ◽  
The Middle Ages

Lex posterior derogat priori, lex specialis derogat generali, Guidelines for a history of conflicting norms with a focus on these two competing solutions. – The two Latin maxims, Lex posterior derogat priori and Lex specialis derogat generali, sometimes presented as evidentially logical, have a complex history and a delicate relationship (whereas the latter can contradict the former). They take their origins in the Digest, but in rather paradoxical forms: Lex posterior is coming from a text written in Greek by Modestinus, lex generalis is induced from a general regula exposed by Papinianus. How have these two ways of resolving the problem of conflicting norms emerged in Roman law? How have they been quoted and explained in canon and in civil law during the Middle Ages? How have they been used by sovereigns and in which scope do they serve the foundations of modern States? This paper tries to answer these questions by analyzing texts where the two maxims are mentioned and proposes to treat this subject as a significant chapter of the history of the sources of law.

scholarly journals Combating corruption in Croatia in the middle ages

2019 ◽  
Vol 40 (2) ◽  
pp. 869-897
Author(s):  
Tomislav Galović
Keyword(s):  
Middle Ages ◽  
Legal History ◽  
General Introduction ◽  
Legal Documents ◽  
Latin Language ◽  
History Of ◽  
The Law ◽  
And Linguistics ◽  
The Church ◽  
The Middle Ages

The Croatian medieval lands were encompassed by Western European civilization and its culture, language and script, collectively referred to as orbis Latinus, but they were also lands in which there was a notable influence of different legal systems. In this paper, we will discuss combating corruption in Croatia in the Middle Ages: an example of Croatian legal documents – the Law Code of Vinodol (1288) and Statute of the island of Krk (1388). The first part of this paper is a general introduction, which defines history and legal history of Vinodol. The Law Code of Vinodol is in many ways a vital historical source, not only for legal history and linguistics, but also for knowledge of social structures in medieval Vinodol, the organization of the Church, and the ethnographic and cultural heritage. In the second part of this paper the focus will be on the Statute of Krk or Vrbnik, which is chronologicaly the second codex/statute written in the Croatian language and Glagolitic script. It is formally only a century younger than the Law Code, or Codex, of Vinodol from 1288, and was composed in the same year as the Latin-language Statute of Senj.

Hugolinusglossen im accursischen Apparat zum Digestum vetus

2017 ◽  
Author(s):  
Horst Heinrich Jakobs
Keyword(s):  
Middle Ages ◽  
Roman Law ◽  
13Th Century ◽  
History Of ◽  
Individual Trees ◽  
The Middle Ages

In research on the history of Roman law in the Middle Ages, the desideratum is the history of the text of the glosses written in the 13th century by Accursius on the Corpus Iuris Civilis – the work that determined the reception of Roman law in Europe. What were the sources used by Accursius? What use did he make of them? What did he add to the work of his predecessors? This book aims to answer these questions. It aims to revise Savigny's preliminary judgment on the quality of Accursius's work, to reduce what Astuti still called the "pressochè completa ignoranza" of Accursius's way of working – as far as this is possible in a work which, assuming that the forest cannot be fathomed except by looking at individual trees, is limited to the history of the text of individual passages.

History of the City of Rome in the Middle Ages

2009 ◽  
Author(s):  
Ferdinand Gregorovius ◽  
Annie Hamilton
Keyword(s):  
Middle Ages ◽  
History Of ◽  
The City ◽  
The Middle Ages
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