scholarly journals JULIAN, ULPIAN I NIETYPOWA POŻYCZKA. ZASTOSOWANIE ANALOGII W ROZWAŻANIACH PRAWNICZYCH

2016 ◽  
Vol 10 (1) ◽  
pp. 29
Author(s):  
Agnieszka Kacprzak
Keyword(s):  
The Other ◽  
Third Century ◽  
Main Argument ◽  
The Third ◽  
Other Hand ◽  
Reductio Ad Absurdum ◽  
Loan Debt ◽  
Perfect Substitution

JULIAN, ULPIAN AND THE ATYPICAL LOAN: ON ANALOGY AS APPLIED IN LEGAL REASONINGSummary The paper concerns the legal controversy as to the possibility of transforming a debt that is due under a contract of mandate or any other consensual contract into a loan by means of a bare agreement (pactum). Under such an agreement the creditor would entitle his debtor to keep the equivalent of the debt – which already existed between them – as a loan. The discussion took place between Julian, the eminent jurist of the midsecond-century A.D, and Ulpian, the jurist of the first half of the third century A.D. Julian argued against the possibility of classifying the contract in question as a loan. His arguments were based on analogy, distinction, and reductio ad absurdum (D.17,1,34 pr.). Ulpian, on the other hand, defended the possibility that was ruled out by his predecessor. Interestingly enough, the latter relies on analogy as his main argument as well. His conclusion is drawn, however, from analogy with the very same situation which Julian considered distinct from the case in question (D. 12,1,15). In the article, it is argued that this diversity of opinions can be explained by the different interpretations of the characteristic of the loan as a real contract. From Julian’s standpoint, this characteristic required the loan to be the title of acquisition by the borrower of ownership of money or things that are thereby considered the object of the loan: if the money or things were acquired on any other grounds, no loan could be construed (not to mention the case where the debtor does not – materially – acquire any money at all). Ulpian, on the other hand, was concerned not as much with the material substrate of the loan as with the economical calculus: in this perspective, indeed, the agreement – which tended to replace the hitherto debt by the loan-debt of the same amount – turned out to be a perfect substitution of a double payment, which would lead to the same effect. It is important to note one of the consequences to which Ulpian’s reasoning could lead: the possibility that someone who has never obtained any money from anyone or indeed never had them, nevertheless could be considered to have borrowed them (e.g. someone obliged to pay damages is entitled by the creditor to keep the amounts due as a loan of money that he never materially obtained). In order to accept this consequence, some serious redefinition of the concept of the loan as a real contract seems necessary, to say the least. The paper argues that – when ruling out the transformation – Julian strove to avoid accepting this very consequence.

scholarly journals Following Sextus: Demonstrative Argument in Gorgias’ Peri tou mē ontos

2018 ◽  
Vol 9 (1) ◽  
pp. 13-29
Author(s):  
Stefania Giombini
Keyword(s):  
The Other ◽  
Sextus Empiricus ◽  
The Third ◽  
Refined Formulation ◽  
Other Hand ◽  
Reductio Ad Absurdum ◽  
The One

The two extant versions of Gorgias’ Peri tou mē ontos (PTMO) have been preserved by an anonymous author (MXG) and by Sextus Empiricus (S.E.). Both versions have been differently interpreted by scholars who examine either the doctrine or the rhetorical-communicational dimen­sion (the first option being dominant). When comparing the PTMO with the rest of Gorgias’ works, the present paper aims to demonstrate that S.E. offers a more precise account of Gorgias’ modus argumentandi. Thus, S.E. shows the following, typical features of Gorgias’ demonstra­tive reasoning: 1) application of demonstrandum and quod erat demon­strandum, 2) continuous employment of reductio ad absurdum and 3) a refined formulation of the principle of non-contradiction (similar to the one in Pal. 25). The MXG, on the other hand, is accurate in the discussion of particular arguments (e.g. the third kephalaion), but presents an interpreter who is more interested in questioning Gorgias rather than doing justice to his thought. Hence, this article concludes that it was S.E., who had the text or at least a relatively accurate summa­ry of the PTMO.

scholarly journals "De hele wereld is Hellas voor een wijs man".

1970 ◽  
Vol 59 ◽  
pp. 159-175
Author(s):  
Wannes Gyselinck
Keyword(s):  
The Other ◽  
Literary Fiction ◽  
Third Century ◽  
Roman Emperor ◽  
The Third ◽  
Greek Philosopher ◽  
Other Hand ◽  
Imperial Period

This paper examines the literary strategies with which Philostratusquestions, constructs and affirms a Greek universalising identity in his VitaApollonii. Despite the rapidly changing position of pagan Greeks and the riseof Christianity in the third century A.D., Philostratus constructs in hisfictionalised biography an idealised Greek identity, embodied by the protagonist,Apollonius of Tyana. This idealised identity is confirmed byApollonius' confrontation with "alterity" during his travels around the world:he finds Greece everywhere. A discussion of the issue of "Greekness" in theSecond Sophistic is revealing for Philostratus' characterisation of both hisGreek hero and the various forms of "otherness" he encounters. Perhaps themost important "other" for a Greek of the Imperial period was the Romanemperor. His dealing with the "good" emperor Vespasian is presented as aparadigmatic relationship between a Greek philosopher and a Roman emperor.His conflict, on the other hand, with the "evil" Roman emperor Domitian,whom he gloriously overcomes by his miraculous disappearance, demonstratesthe superiority of Philostratus' superhero. This ultimate divinisation of hishero reveals certain tensions between literary fiction and the historical positionof a Greek elite under Roman rule.

scholarly journals The Leper Terra-Cotta of Athens

1893 ◽  
Vol 13 ◽  
pp. 101-102 ◽  
Author(s):  
Frances E. Hoggan
Keyword(s):  
Elderly Woman ◽  
The Other ◽  
Third Century ◽  
General Character ◽  
The Third ◽  
The Poor ◽  
Points Of Interest ◽  
Other Hand ◽  
Contemporary Life

In the collection of the terra-cottas at the Polytechnic in Athens many of the figures have points of interest bearing on the development of art, or on the science of comparative mythology or religion. One small figure (No. 943) is, on the other hand, of especial interest to the medical mind, affording as it does a good specimen of the typical leper physiognomy. It is a pitiful glimpse into the olden time which this figure gives, and, no less than a living imported leper I saw last spring at the Evangelismus Hospital, does it strike a discord with the beauty of Athens and its surroundings.This little figure is in the midst of a number of small, thick-set figures in rough terra-cotta, of uncertain origin. They were bought at a sale, and their history cannot now be traced ; but from their general character they are classed with others of about the third century B.C. They were evidently intended to be caricatures of contemporary life. Jolly, rollicking men suggest noisy Bacchic carousings; a portly, elderly woman bends with somewhat comical, grandmotherly solicitude over her nursling; and other well-executed, but more or less coarsely imagined, figures are so obviously designed to provoke laughter, that one pulls up with a start, and almost with a shudder, before the poor leper No. 943.

The Nile Delta during the Early Dynastic and Old Kingdom periods. Preliminary remarks on the evolution of settlement landscape

2020 ◽  
pp. 13-61
Author(s):  
Natalia Małecka-Drozd
Keyword(s):  
Nile Delta ◽  
Ancient Egypt ◽  
The Other ◽  
Old Kingdom ◽  
The Third ◽  
Other Hand ◽  
Early Dynastic ◽  
Territorial Structure ◽  
Settlement Landscape ◽  
New Settlements

The 3rd millennium BC appears to be a key period of development of the historical settlement landscape in ancient Egypt. After the unification of the country, the process of disappearance of the predynastic socio-political structures and settlement patterns associated with them significantly accelerated. Old chiefdoms, along with their centres and elites, declined and vanished. On the other hand, new settlements emerging in various parts of the country were often strictly related to the central authorities and formation of the new territorial administration. Not negligible were climatic changes, which influenced the shifting of the ecumene. Although these changes were evolutionary in their nature, some important stages may be recognized. According to data obtained during surveys and excavations, there are a number of sites that were considerably impoverished and/or abandoned before and at the beginning of the Old Kingdom. On the other hand, during the Third and Fourth Dynasties some important Egyptian settlements have emerged in the sources and begun their prosperity. Architectural remains as well as written sources indicate the growing interest of the state in the hierarchy of landscape elements and territorial structure of the country.

Varia: Attribution, predication, apposition – Part second

Proglas ◽  
2020 ◽  
Vol 29 (2) ◽  
Author(s):  
Anton Getsov ◽  
◽  
◽  
Keyword(s):  
Critical Review ◽  
Complex Interaction ◽  
The Other ◽  
Main Argument ◽  
Other Hand ◽  
Grammatical Relation ◽  
The Status ◽  
Syntactic Status ◽  
The One ◽  
Syntactic Relations

The paper is part of a series of publications that set out to examine various aspects in the analysis of appositive constructions. The purpose of this particular study is to reveal the multidimensional, diverse, and complex interaction between three types of syntactic relations – attributive, predicative, and appositive. The study offers a critical review of various theories on the status of the grammatical relation between the components of non-detached (close) appositive constructions. The main argument of this paper is that determining this status, on the one hand, is a function of the morphological and semantic characteristics of the components of the construction, while, on the other hand, it determines their syntactic status.

Distinction between Dolus and Culpa with reference to Arson in Zakon Sudnyj LJudem, the Vinodol Law and the Statute of Senj

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Daniel Haman ◽  
◽  
◽  
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Legal Documents ◽  
The Third ◽  
Other Hand ◽  
Criminal Offenses ◽  
The World ◽  
The Difference ◽  
Different Levels ◽  
Better Than

The difference between intent (dolus) and negligence (culpa) was rarely emphasized in codified medieval laws and regulations. When compared to the legal statements related to intent, negligence was mentioned even more rarely. However, there are some laws that distinguished between the two concepts in terms of some specific crimes, such as arson. This paper draws attention to three medieval Slavic legal documents – the Zakon Sudnyj LJudem (ZSLJ), the Vinodol Law and the Statute of Senj. They are compared with reference to regulations regarding arson, with the focus being on arson as a crime committed intentionally or out of negligence. The ZSLJ as the oldest known Slavic law in the world shows some similarities with other medieval Slavic legal codes, especially in the field of criminal law, since most of the ZSLJ’s articles are related to criminal law. On the other hand, the Vinodol Law is the oldest preserved Croatian law and it is among the oldest Slavic codes in the world. It was written in 1288 in the Croatian Glagolitic script and in the Croatian Chakavian dialect. The third document – the Statute of Senj – regulated legal matters in the Croatian littoral town of Senj. It was written in 1388 – exactly a century after the Vinodol Law was proclaimed. When comparing the Vinodol Law and the Statute of Senj with the Zakon Sudnyj LJudem, there are clear differences and similarities, particularly in the field of criminal law. Within the framework of criminal offenses, the act of arson is important for making a distinction between intent and negligence. While the ZSLJ regulates different levels of guilt, the Vinodol Law makes no difference between dolus and culpa. On the other hand, the Statute of Senj strictly refers to negligence as a punishable crime. Even though the ZSLJ is almost half a millennium older than the Statute of Senj and around 400 years older than the Vinodol Law, this paper proves that the ZSLJ defines the guilt and the punishment for arson much better than the other two laws.

Danebury, Hampshire: Second Interim Report on the Excavations 1971–5

1976 ◽  
Vol 56 (2) ◽  
pp. 198-216 ◽  
Author(s):  
Barry Cunliffe
Keyword(s):  
Fifth Century ◽  
Second Century ◽  
The Other ◽  
Third Century ◽  
Interim Report ◽  
The Third ◽  
The Hill ◽  
Religious Nature ◽  
Continuous Strip

SummaryThe results of five seasons of excavation (1971–5) are summarized. A continuous strip 30–40 m. wide extending across the centre of the fort from one side to the other was completely excavated revealing pits, gullies, circular stake-built houses, rectangular buildings, and 2-, 4-, and 6-post structures, belonging to the period from the sixth to the end of the second century B.C. The types of structures are discussed. A sequence of development, based largely upon the stratification preserved behind the ramparts, is presented: in the sixth–fifth century the hill was occupied by small four-post ‘granaries’ possibly enclosed by a palisade. The first hill-fort rampart was built in the fifth century protecting houses, an area of storage pits, and a zone of 4-and 6-post buildings laid out in rows along streets. The rampart was heightened in the third century, after which pits continued to be dug and rows of circular houses were built. About 100 B.C. rectangular buildings, possibly of a religious nature, were erected, after which the site was virtually abandoned. Social and economic matters are considered. The excavation will continue.

scholarly journals THE EFFECT OF THE DOE WEIGHT ON HER REPRODUCTIVE EFFICIENY

2021 ◽  
Vol 22 (1) ◽  
pp. 131-142
Author(s):  
Mohammad Ebrahim Ahmed ◽  
Hussain Yawr Hussain
Keyword(s):  
Growth Rate ◽  
Litter Size ◽  
Conception Rate ◽  
The Other ◽  
Gestation Period ◽  
Reproductive Efficiency ◽  
Litter Weight ◽  
The Third ◽  
Other Hand

Thirty-six local dose have been used and were divided in to three groups sacording to weight, in each group twelve dose. In the first group the weights of the dose were higher than ( 2.5 kgs) and less than (3 kgs). The second groups was higher than 3 kgs) and less than (3.5 kgs). The third group was higher than (3.5 kgs) and less than (4 kgs). The aim of this study was to obtain the effect of doe weight on her reproductive efficiency (gestation period, litter size, litter weight at birth and weaning, growth rate of offspring preweaning, conception rate and preweaning mortility).  The weight of the doe had no significant effect upon the gestation period and this period was 30.9, 31.2, 31.3 days for the three groups respectively, on the other hand the litter size was affected significantly by doe weight and litter size was at birth and preaweaning (5.1 , 5.8 and 6.2), (4.5, 5.3 and 5.7) for the three groups respectively. The offspring weight at birth and weaning was affected significantly by doe weight and this weight was (40.1 , 48.2 and 53.3 gms), (203.6, 227.5 and 233.8 gms) for the three groups respectively while the conception rate was not affected by doe weight. The mortility percentage in the prewaning period was not significantly by doe weight

scholarly journals Euripidés Médeiájának magyar fordításairól

2017 ◽  
Vol 56 (1-4) ◽  
Author(s):  
Anikó Polgár
Keyword(s):  
20Th Century ◽  
The Other ◽  
Professional Background ◽  
The Third ◽  
Other Hand ◽  
Final Goal ◽  
The Difference ◽  
Textual Strategies

This study is dealing with two Hungarian translations of Euripides’ Medea. The translation made by Grácia Kerényi was produced in the second half of the 20th century, whereas the version by Zsuzsa Rakovszky was published at the beginning of the 21st. The difference between the translations regarding their textual strategies, the professional background of the translators and the final goal of the works is abysmal. Grácia Kerényi was an expert of ancient literatures, her translation was published in the official and renowned collection of Euripides’ work, Zsuzsa Rakovszky on the other hand translates predominantly from English, and her version was inspired by the request of the theatre. The study contains three parts: in the first the author analyses Kerényi’s Medea in the context of the philological reconstruction, in the second, the author examines the same text modified and revised by Fruzsina Magyar, who was the dramatic advisor of the theatre performance in Szolnok, and the third part reflects on the problems of validity, poetical force and immediacy in the translation of Zsuzsa Rakovszky.

The Third Place Game

2019 ◽  
Vol 21 (1) ◽  
pp. 64-86
Author(s):  
Netanel Nissim ◽  
Aner Sela
Keyword(s):  
Common Knowledge ◽  
The Other ◽  
Third Place ◽  
Second Stage ◽  
The Third ◽  
Other Hand ◽  
Strong Player ◽  
All Pay Auction ◽  
Total Effort

We study an elimination tournament with four contestants, each of whom has either a high value of winning (a strong player) or a low value of winning (a weak player) and these values are common knowledge. Each pairwise match is modeled as an all-pay auction. The winners of the first stage (semifinal) compete in the second stage (final) for the first prize, while the losers of the first stage compete for the third prize. We examine whether or not the game for the third prize is profitable for the designer who wishes to maximize the total effort of the players. We demonstrate that if the players are asymmetric and there are at least two strong players, then there is always a seeding of the players such that the third place game is not profitable. On the other hand, if there are at least two weak players, then there is always a seeding of the players such that the third place game is profitable.

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