scholarly journals Iudex qui iuravit sibi non liquere

1996 ◽  
Vol 39 (3-4) ◽  
pp. 215-226
Author(s):  
Jan Zabłocki
Keyword(s):  
Social Status ◽  
Moral Character ◽  
Ancient Rome ◽  
Legal Evidence ◽  
Aulus Gellius ◽  
Full Knowledge ◽  
The Law

In the 2nd century B.C. in ancient Rome it was not required of the judges that they were conversant with the law. Every Roman citizen who had certain social status could be enroled on album iudiciorum selectorum. In The Attic Nights (Gell. 14.2) Gellius describes how after being chosen by the paetors among the iudices he sought texts in Greek as well as Latin on duties of a judge. But in complicated cases and in doubts engendered by conflicting opinions, such books simply could not help him. Aulus Gellius mentions one problem that was presented to him and that was a real conundrum. Namely a sun of money was claimed before him which was said to have been paid and counted out (pecunia non numerata) but the plaintiff did not support his case by witness, relying only on slender arguments. However, it was clear that he was on unimpeachable moral character while the defendant had a questionable reputation and was often convicted of mendacity, full of treachery and fraud. Since Gellius did not want to reach verdict precipitately, he consulted some friends of great legal experience. They had no doubt that the defendant should be acquitted and that it was no use retarding the proceedings since the plaintiff could not produce the legal evidence required (either expensilatio, mensae rationes, chirographum, tabulae obsignatae or testes). But Gellius knew well that if he had returned a verdict of not guilty, the plaintiff would have been subject to iudicium de calumnia. Therefore author of The Attic Nights didn’t feel satisfied and consulted Favorinus, a well-know philosopher. The latter proceeded to discuss various aspects of a judge’s function. He pondered, for instance, whether a judge should reach to verdict on the basis of his full knowledge or only in accordance with what has been brought up during the trial. In the end Favorinus advised Gellius a decision in favour of the plaintiff on the ground of his creditable character. Nevertheless Gellius could not make up his mind and accordingly took oath mihi non liquere and in that way he was relieved from rendering a decision.

LEGAL SKETCH «THE SIGNIFICANCE OF THE LEGAL EXCUSES AND PROVERBS OF ANCIENT ROME AS A MEANS OF LEGAL PROPAGANDA ABOUT LEGAL KNOWLEDGE AND CULTURE»

2020 ◽  
Author(s):  
Alexander Kukharev ◽  
Alexander Rusu
Keyword(s):  
Digital Age ◽  
Legal Culture ◽  
Roman Law ◽  
Ancient Rome ◽  
Legal Knowledge ◽  
The Law ◽  
Law Making

This article discusses adaptation of the norms and ideals of Roman law to modern legal culture, the basis of Roman legal relations, which is the basis of modern law-making. It is important to learn how the culture of the law of ancient Rome influenced the formation of modern law of the digital age. The purpose of writing the paper was to highlight the influence of the legal culture of ancient Rome on modern reality.

scholarly journals Talion w świetle "Noctes Atticae" Aulusa Gelliusa

1995 ◽  
Vol 38 (3-4) ◽  
pp. 231-240
Author(s):  
Jan Zabłocki
Keyword(s):  
Aulus Gellius ◽  
Legal Context ◽  
The Law

Aulus Gellius presented a discussion between a philosopher and a layer in his Noctes Atticae. According to Sextus Caecilius who was the lawyer the talon had been antiquated in the days of the Law of the Twelve Tables and it was substituted by pecuniary penalties. However, the praetor’s activity affected the abandonment of fines with amounts fixed in the Twelve Tables in favour of a penalty for iniuria which was estimated by a judge. It was similar the case of membri ruptio, when an offender had decided to avoid the talon. Yet Favorinus who was the philosopher emphasized that choice o f talon belonged to a sufferer. Nevertheless, he noted its cruelty and problems with the just execution of the talon. His attitude did not surprise: he took no account of social and legal circumstances not only of the time of the Twelve Tables, but of his own days as well. Defending the humanitarianism of the Twelve Tables, the layer analized their clauses in the broad cultural and legal context. He did not allege that the talon had been humanitarian, but he tended to clarify that the penalty had to be accepted by the offender and it was executed only on himself.

scholarly journals CIVIL AND CRIMINAL RULES OF THE BABYLONIAN LAW

2013 ◽  
Author(s):  
Ion Tutuianu
Keyword(s):  
Human Rights ◽  
Social Status ◽  
Public Administration ◽  
Scientific Development ◽  
Family Obligations ◽  
The Law ◽  
The Right ◽  
Administrative Penalty

By its age and principles, Babylonian law has drawn attention of all epochs, laying at the basis of scientific development of modern law. The regulation, more than 4000 years ago, of property, family, obligations, public administration, succession, probation principle, represents the proof that the institutions which today regulate these aspects, have been a preoccupation for mankind ever since its beginning. Even if penalties were distributed depending on social status, a progressive element is represented by the fact that the act could only be punished if it met the condition of intent. The legal monument of this system of law, Hammurabi Code, has an important signification by the fact that upon that date, the law and the judges aimed at ensuring life to citizens and to guarantee them certain rights, considerably more than other countries in the epoch. It is striking that in antiquity, the right of succession lies all the children regardless of the number of marriages and criminal aspect beyond class character, crimes regulation retained the substance, the changes incurred on penalties take into account the evolution of human rights, as how malpractice mutilation was replaced by pecuniary or administrative penalty.

scholarly journals Unjust enrichment in the law of Ancient Rome

2017 ◽  
Vol 0 (138) ◽  
pp. 17-28
Author(s):  
Богдан Петрович Карнаух
Keyword(s):  
Ancient Rome ◽  
Unjust Enrichment ◽  
The Law

scholarly journals The origin of the institute of procedural substitution in Bulgarian law

2021 ◽  
Vol 16 (3) ◽  
pp. 10-22
Author(s):  
Todor Kolarov
Keyword(s):  
Roman Law ◽  
Ancient Rome ◽  
Legal Regime ◽  
Ius Commune ◽  
The Law

The article strives to analyse the origin of the institute of procedural substitution (for the lack of a better term) in Bulgaria through historic overview, starting with the law of Ancient Rome, going through ius commune and finishing with the contemporary legal regime. From a procedural standpoint, the conclusion is that the institute came into being at the end of the XIX and beginning of the XX century. While manifestations of procedural substitution can be found in the Roman law, this is not an indication of a formulation of the legal institute itself.

The leges regiae through Tradition, Historicity and Invention: A Comparison of Historico-literary and Jurisprudential Sources

2020 ◽  
pp. 97-110
Author(s):  
Rossella Laurendi
Keyword(s):  
Social Status ◽  
Historical Memory ◽  
Interdisciplinary Approach ◽  
Historical Criticism ◽  
The Social ◽  
The Law ◽  
The Republic ◽  
The Temple

An interdisciplinary approach to historical criticism allows us to investigate the tradition of the royal laws and their collection, ostensibly made by one Papirius at the start of the Republic. Despite the lengthy, stratified process of formation and transmission of historical memory by historians, grammarians, writers and jurists from the late Republic onwards, the identification of certain authentic elements of these laws is possible. In the case of the law on paelex, attributed to Numa, a philological analysis suggests its archaic origins, even if we cannot prove that Numa was the drafter of this law. The law appears to be made up of a precept (prohibition against approaching the altar or the temple of Juno) and a sanction (sacrifice with loose hair). The significance of the loose hair, typical signs of pain and penance, is the key to reading the law. By the enactment of this law, the social status of the paelex was diminished, analogous to that of a married man's concubine.

Muslim Judges at the Road of Intersection

Hawwa ◽  
2020 ◽  
Vol 18 (2-3) ◽  
pp. 143-161
Author(s):  
Nahda Shehada
Keyword(s):  
Social Status ◽  
Social Factors ◽  
Educational Background ◽  
Law And Society ◽  
Daily Routine ◽  
The Road ◽  
Moral Standards ◽  
Custody Of Children ◽  
The Law

Abstract The work of Muslim judges in the shariʿa courts ranges from enforcing specific moral standards to redistributing wealth in accordance with Islamic inheritance norms. Judgments in cases involving divorce, alimony, and the custody of children are nonetheless part and parcel of the judges’ daily routine. This paper uses ethnographic work in Gaza–Palestine to explore whether, how, and why judges assert certain rules and norms on some occasions but make adjustments or accommodations on others during the process of adjudication. It tries to uncover certain ambivalences in the law and society that allow them to adjust situationally. Social factors such as gender, social status, educational background, and class are scrutinized to see how they are played out, together or separately, in the process of adjustment. Orality as a method is central to the judges’ work as well as to the analysis.

The distribution of Greek loan–words in Terence

1985 ◽  
Vol 35 (1) ◽  
pp. 110-123 ◽  
Author(s):  
Robert Maltby
Keyword(s):  
Social Status ◽  
Fourth Century ◽  
Statistical Evidence ◽  
Ancient World ◽  
Social Standing ◽  
Loan Words ◽  
Comprehensive List ◽  
Previous Note ◽  
The Law ◽  
Linguistic Means

The aim of this paper is to discuss Terence's use of Greek loan-words and to examine their distribution by plays and by characters. How far are they used for stylistic effect and what relationship do they have to the themes of different plays? Is there any evidence for the concentration of these words, which often tend to be colloquial in tone, in the mouths of slaves and characters of low social status for the purposes of linguistic characterisation? Finally, does Terence's use of these words develop in the course of his short career? The usefuleness of a previous note on this subject by J. N. Hough is limited by the absence of any comprehensive list of occurrences, so that its objectivity is difficult to check. A more helpful discussion by P. Oksala gives a fuller list, but concentrates mainly on a comparison with Plautine usage in the type and frequency of these words and does not discuss their distribution within the Terentian corpus.The question of characterisation by linguistic means, particularly in the field of New Comedy, has received considerable attention in recent years. The doctrine that a character's speech should be appropriate to his or her age, sex or social status, is well attested in the ancient world, with reference both to the theatre and to the law-courts. The ancient scholia on Aristophanes, as well as the fourth-century commentary on Terence that goes under the name of Donatus, contain comments on the appropriateness of particular words and phrases to particular character types. Leo, commenting long ago on the distribution of Greek words in Plautus, observed that they were used predominantly by slaves and characters of low social standing, a point made earlier by N. Tuchhaendler. More recently M. E. Gilleland has produced detailed statistical evidence for both Plautus and Terence which tends to back up these observations.

Adoption in Cross-Cultural Perspective

1969 ◽  
Vol 11 (1) ◽  
pp. 55-78 ◽  
Author(s):  
Jack Goody
Keyword(s):  
Major Part ◽  
Cross Cultural ◽  
Ancient Rome ◽  
Cultural Perspective ◽  
Central Importance ◽  
The Law ◽  
Over Time

Adoption plays a major part in the traditional law of many Eurasian societies. It occupies a large portion of Mayne's Treatise on Hindu Law and Usage (1878). The Babylonian code of Hammu-rabi, the oldest comprehensive set of written laws, gives a prominent position to ‘Adoption and Wet-nursing’ (Driver and Miles, 1952: 383–406). And the institution receives the same kind of attention in the law of China, Greece and Ancient Rome. Theoretically it has been of central importance in the writings of Sir Henry Maine and Fustel de Coulanges, where it is linked to the perpetuation of corporations of agnates over time.

Sign in / Sign up

Export Citation Format

Share Document