OSIĄGNIĘCIA POLSKICH ROMANISTÓW W CIĄGU OSTATNICH DWÓCH LAT (2006/2007 – 2007/2008)

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.

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ROMANISTYKA POLSKA W LATACH 1918-1945 (PRZEGLĄD BIBLIOGRAFII)

Zeszyty Prawnicze ◽

10.21697/zp.2010.10.2.22 ◽

2016 ◽

Vol 10 (2) ◽

pp. 355

Author(s):

Krzysztof Szczygielski

Keyword(s):

Criminal Law ◽

Family Law ◽

Scientific Output ◽

Public Law ◽

Roman Law ◽

Ancient Rome ◽

Scientific Societies ◽

Legal Proceedings ◽

History Of ◽

Law Of Succession

ROMAN LAW STUDIES IN POLAND IN THE YEARS 1918-1945 (REVIEW OF BIBLIOGRAPHY) Summary In Roman law studies in Poland there is no complete list of the works published in the years 1918-1945 by scholars dealing with Roman law. The scientific output of the Polish researchers was presented by Rafał Taubenschlag in the article, Gli studi di diritto romano in Polonia nel secolo XX, [in:] Gli Studi Romani nel Mondo, volume III, Roma 1936, p. 247-268, but he focused mainly on discussing the major works. An attempt to show the achievements of Roman law studies in Poland on a comprehensive basis was undertaken by Juliusz Wisłocki, Dzieje nauki prawa rzymskiego w Polsce, Warsaw 1945, but his study is highly incomplete. The analysed period witnessed the emergence of lots of valuable works concerning the history and the institutions of Roman law in the form of monographs, articles published in many domestic and foreign periodicals, studies on particular occasions, encyclopedic dictionaries and reports on the activities of scientific societies. The problems related to the law of the ancient Rome were dealt with not only by the Roman law researchers but also by legal historians and classical philologists. The works were presented according to the following sections: I. General works, textbooks and scripts; II. Ancillary publications; III. History of sources; IV. Civil procedure; V. Law of Persons and legal proceedings; VI. Family law; VII. Law of Property; VIII. Law of Obligations; IX. Law of Succession; X. Criminal law and procedure; XI. Public law; XII. Philosophy of law, methodology and political and legal doctrines; XIII. Importance of the Roman law; XIV. Evaluation of the output of Roman law scholars.

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Ubuntu: An African Equity

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2011/v14i4a2583 ◽

2017 ◽

Vol 14 (4) ◽

pp. 29 ◽

Cited By ~ 5

Author(s):

Thomas W Bennett

Keyword(s):

South African ◽

Criminal Law ◽

Constitutional Law ◽

Family Law ◽

Legal Culture ◽

Administrative Law ◽

The South ◽

The Law

In this paper the uses of ubuntu in constitutional law, criminal law, administrative law, the law of property, family law, delict and contract are investigated. Furthermore the theoretical objections to the use of ubuntu are stated and responded to. It is found that ubuntu provides the South African courts with a metanorm similar to the English notion of equity and that it is being deployed to give voice to something distinctively African. It promises to lay the foundations for a cohesive, plural, South African legal culture", characterised by notions such as reconciliation, sharing, compassion, civility, responsibility, trust and harmony.

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PROPERTY RELATIONS OF MARITAL PARTNERS THROUGH THE HISTORY OF BOSNIA AND HERZEGOVINA

Journal Human Research in Rehabilitation ◽

10.21554/hrr.091712 ◽

2017 ◽

Vol 7 (2) ◽

pp. 106-117

Author(s):

Boris Krešić ◽

◽

Ervina Halilović ◽

Keyword(s):

Bosnia And Herzegovina ◽

Historical Perspective ◽

Family Law ◽

Roman Law ◽

Socialist Republic ◽

Marriage And Family ◽

Property Relations ◽

Basic Law ◽

History Of ◽

Marital Partners

The institutes of contemporary family law are rooted in Roman law, including the property relations of marital partners. From the historical perspective, the property-legal relations of marital partners in Bosnia and Herzegovina (BiH) were subject to religious regulations and the rules of the General Civil Code and Family Law of the Socialist Republic of Bosnia and Herzegovina. The article analyzes the solutions applied during the Roman, the Ottoman, and the AustroHungarian rule as well as the solutions included in the currently valid Basic Law on Marriage and Family Laws in BiH. The authors focus on the development of family law in terms of property relations of marital partners and provide historical-legal overview of the development of family law from the absolute power of pater familias to the full equality of marital partners.

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

Actual Problems of Russian Law ◽

10.17803/1994-1471.2019.105.8.191-199 ◽

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.

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KEBIJAKAN PENGGUNAAN SANKSI PIDANA DALAM PERUNDANG--UNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASIUNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASI

Wahana Akademika Jurnal Studi Islam dan Sosial ◽

10.21580/wa.v1i1.806 ◽

2016 ◽

Vol 1 (1) ◽

pp. 135

Author(s):

Eman Sulaiman

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Administrative Law ◽

Law Enforcement Agencies ◽

Criminal Sanctions ◽

Procedural Law ◽

State Administration ◽

The One ◽

Level Of Understanding

AbstractThe use of criminal sanctions as the main sanction has indicated the extent to which the level of understanding of the legislators to the problem of "crime and punishment". At least show that the limited understanding of the use of criminal sanctions also affect the determination of criminal sanctions in administrative law. "Errors" in the formulation of the implications for the difficulty and confusion in the law enforcement, because there is a gap of two disciplines, namely the criminal law on the one hand and on the other hand administrative law, which has its own procedural law. This confusion will lead to ambiguity in the resolution of cases of violation of administrative law contains criminal sanctions, whether enforcement will be carried out by law enforcement agencies within the criminal justice sisitem or whether officials of the state administration in the sphere of administration? Such circumstances, of course, will lead to the existence of legal uncertainty for the community. Kata Kunci: sanksi pidana, hukum pidana, hukum administrasi

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Plena Potestas and Consent in Medieval Assemblies: A Study in Romano-Canonical Procedure and the Rise of Representation, 1150–1325

Traditio ◽

10.1017/s036215290001758x ◽

1943 ◽

Vol 1 ◽

pp. 355-408 ◽

Cited By ~ 17

Author(s):

Gaines Post

Keyword(s):

Thirteenth Century ◽

Legal Theory ◽

Roman Law ◽

New Approach ◽

Royal Authority ◽

Strict Interpretation ◽

History Of ◽

Full Power ◽

The One ◽

The Right

By the end of the thirteenth century the royal writ of summons to Parliament usually specified that communities send representatives with “full power” to consent to whatever should be ordained by the king in his court and council. This “full power” was the famous plena potestas which was stated in the mandates carried by knights and burgesses to Parliament and by delegates of cities and towns to Cortes and States General, and which is still current in proxies for stockholders' meetings. It has, of course, like almost every word of the terminology in documents relating to representation, challenged interpretation: on the one side is the argument of J. G. Edwards, who confines himself to England, that plena potestas implied an almost political or sovereign consent which limited the royal authority; on the other, the assumption that it was an expression of involuntary consent to the acts and decisions of the royal government. In general, of course, whatever modern scholars have decided as to the right of consent has resulted either from modern conceptions of representation or from a strict interpretation of the terminology in the sources for the history of assemblies. No one has examined plena potestas in the light of the legal theory and procedure of the thirteenth century It is possible that by studying how legists and canonists viewed the meaning of plena potestas—for it, like most of the terminology in the mandate, came from Roman Law—we can find at least a relatively new approach to the problem of medieval consent.

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

10.1093/law/9780198701958.003.0003 ◽

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).

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The Jurisprudence of Humanism

Traditio ◽

10.1017/s0362152900008618 ◽

1961 ◽

Vol 17 ◽

pp. 493-501 ◽

Cited By ~ 1

Author(s):

Myron P. Gilmore

Keyword(s):

Sixteenth Century ◽

Literary History ◽

Roman Law ◽

Western Tradition ◽

Major Work ◽

History Of ◽

The One ◽

Legal Concepts ◽

The University ◽

The Relationship

During the last decade the works of Professor Guido Kisch have made an outstanding contribution to our knowledge of the legal thought of the sixteenth century, particularly to the school represented by the University of Basel. His articles and monographs have dealt with the biographical and literary history of significant scholars as well as with the rival schools of interpretation represented by ‘mos italicus' and ‘mos gallicus.' Building on these earlier studies, Professor Kisch has now produced a major work of more comprehensive scope, which goes beyond biographical and methodological questions to the analysis of significant change in substantive legal doctrines. Convinced that the age of humanism and the reception of Roman law saw the formation of some of the most important modern legal concepts, he centers his research on the evolution of the theory of equity with due attention, on the one hand, to the relationship between sixteenth-century innovation and the historic western tradition and, on the other, to the interaction between the academic profession and the practicing lawyers.

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On Some questions of Roman Public Law

The Journal of Roman Studies ◽

10.2307/295850 ◽

1911 ◽

Vol 1 ◽

pp. 68-99

Author(s):

J. S. Reid

Keyword(s):

Criminal Law ◽

Public Law ◽

History Of ◽

Ad Populum ◽

Valerius Maximus

The proposals which were made at Rome from time to time to grant to “Latini” the privileges of the provocatio, wholly or in part, raise questions which touch closely the history of the evolution of constitutional and criminal law at Rome during the republican age. So far as is known, the first attempt to sever the provocatio from the general rights of the Roman franchise, and to bestow it on Italian allies, was made by M. Fulvius Flaccus, consul in 125 B.C. the associate of C. Gracchus, who perished with him. According to Valerius Maximus, ix, 5, 1, he introduced “perniciosissimas rei publicae leges (rhetorical plural) de civitate Italiae danda et de provocatione ad populum eorum qui civitatem mutare noluissent.”

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Framing the feudal bond: a chapter in the history of the ius commune in Medieval Europe

Tijdschrift voor Rechtsgeschiedenis / Revue d Histoire du Droit / The Legal History Review ◽

10.1163/15718190-000a1217 ◽

2012 ◽

Vol 80 (3-4) ◽

pp. 481-495 ◽

Cited By ~ 1

Author(s):

Emanuele Conte

Keyword(s):

Middle Ages ◽

Legal Reasoning ◽

Legal Culture ◽

Roman Law ◽

Historical Period ◽

Abstract Concepts ◽

Ius Commune ◽

Medieval Europe ◽

History Of ◽

Definition Of

In this article I wish to show how history of legal doctrines can assist in a better understanding of the legal reasoning over a long historical period. First I will describe the nineteenth century discussion on the definition of law as a ‘science’, and some influences of the medieval idea of science on the modern definition. Then, I’ll try to delve deeper into a particular doctrinal problem of the Middle Ages: how to fit the feudal relationship between lord and vassal into the categories of Roman law. The scholastic interpretation of these categories is very original, to the point of framing a purely personal relationship among property rights. The effort made by medieval legal culture to frame the reality into the abstract concepts of law can be seen as the birth of legal dogmatics.

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