scholarly journals Some examples of treason in the 13th-century Serbia

2020 ◽  
pp. 21-44
Author(s):  
Ivana Komatina

The paper observes examples of treason, that is, infidelity in the 13th-century Serbia. The author intends to show how this procedure was sanctioned by common law, since the punishments for such crimes appeared in the Serbian medieval written law only from the 14th century, all that with the aim of getting to know as closely as possible the social context of medieval Serbia.

Legal Studies ◽  
2017 ◽  
Vol 37 (4) ◽  
pp. 577-598 ◽  
Author(s):  
James Goudkamp

The Social Action, Responsibility and Heroism Act 2015 entered into force on 13 April 2015. It is too soon for it to have been considered judicially, and it has not yet been subjected to sustained academic analysis. Accordingly, this article considers its impact. In doing so, it situates the Act in its social context and draws attention to the fact that it is part of a large network of statutes that share the same objectives. It is argued, contrary to prevailing views, that parts of the Act change the law. It is also maintained that the Act’s reach is not confined to personal injury cases or even to tort cases. It potentially applies far more widely, including to contractual actions that allege a failure to take reasonable care. In addition to analysing the Act, this article investigates why the legislature might want to restate the common law (which is what the Act does in part), whether replicating the common law is desirable and, if the legislature is bent on restating the common law, how it should go about doing so.


2019 ◽  
Vol 38 (56) ◽  
pp. 15-73
Author(s):  
Irena Benyovsky Latin ◽  
Zrinka Pešorda Vardić ◽  
Gordan Ravančić ◽  
Ivana Haničar Buljan

This paper focuses on the spatial distribution of Dubrovnik’s urban elite, observed on the examples of the families of Matijaš de Mençe and Anđelo Ljutica, in the period from the late 13th to the mid-14th century and the time of Black Death. Using the methods of social topography and prosopography, the authors have studied the interrelation of the social and ownership statuses of these families, addressing the question of their social and spatial interconnections. In the early 14th century, both families belonged to the elite urban circles, but with a key difference: one of them was noble, and the other a family of commoners


2009 ◽  
Vol 49 (2) ◽  
pp. 277-295
Author(s):  
Kathryn Chan

In the course of considering the public’s views on the accommodation of cultural minorities in Quebec, the Bouchard-Taylor Commission has produced a valuable record of the views held by Quebec’s voluntary sector organizations, and the societal values that are important to Quebec. In particular, it has underlined Quebec’s strong commitment to three broad public objects — the advancement of the French language and Quebec culture, the encouragement of interculturalism, and the promotion of secularism — that are not recognized as charitable objects under the common law. The Bouchard-Taylor Commission has therefore provided a timely and relevant backdrop against which to consider the real-life implications of using the common law of charitable trusts to give meaning to the statutory concept of charity (bienfaisance) in Quebec. Based on her observations of the Commission experience, the author suggests that the disjuncture between the law demarcating Quebec’s charitable sector and the social context within which the sector operates has become significant enough to merit a reconsideration of this longstanding approach.


2021 ◽  
Vol 65 (4) ◽  
pp. 609-652
Author(s):  
Christine Morin ◽  

"In Canada, Quebec is the only province to have a legal system under which civil matters are regulated by a Civil Code and not by common law. Nonetheless, Quebeckers had unlimited “freedom of willing” until 1989. Henceforth, although Quebeckers remain free to determine via their last wills and testaments to whom they wish to bequeath their property, their margin of freedom is limited by legislative measures governing the survival of the obligation to provide support after death and the partitioning of the family patrimony. Such limitations on the freedom to bequeath are based upon a family interpretation of public order whereby the deceased must share the value of given property with his or her spouse and look after the immediate family’s need for support. Despite this, the Civil Code makes still no provision, as in French law, for an “undisposable estate” (réserves héréditaires) and it is fitting to question the reasons motivating this decision. The author attempts to identify the social context in which freedom to bequeath came to be limited. As such, she seeks to make known the material sources underpinning the adoption of the Bill that introduced the primary limitations on freedom to bequeath. Her study shows that within the framework of discussions on relevancy to limit this freedom, the issue being debated shifted its objective. Participants widened the initial debate then focused on the transmission of the patrimony by redefining it to encompass the questions of sharing family assets. This transformation contributes to explain how the law of successions in Quebec has drawn closer to family law."


2014 ◽  
Vol 10 (3) ◽  
pp. 6-46
Author(s):  
Robert Prus

Although the works of three early Italian Renaissance poets, Brunetto Latini (1220-1294), Dante Alighieri (1265-1321), and Giovanni Boccaccio (1313-1375), may seem far removed from the social science ventures of the 21st century, these three Italian authors provide some exceptionally valuable materials for scholars interested in the study of human knowing and acting. As central participants in the 13th-14th century “humanist movement” (in which classical Greek and Latin scholarship were given priority in matters of intellectual development), Brunetto Latini, Dante Alighieri, and Giovanni Boccaccio helped sustain an analytic focus on human lived experience. Most of the materials addressed here are extensively fictionalized, but our interests are in the sociological insights that these authors achieve, both in their accounts of the characters and interchanges portrayed in their texts and in their modes of presentation as authors. Although lacking the more comprehensive aspects of Chicago-style symbolic interactionist (Mead 1934; Blumer 1969) theory and research, these early Renaissance texts are remarkably self-reflective in composition. Thus, these statements provide us with valuable insights into the life-worlds of (a) those of whom the authors speak, (b) those to whom the authors address their works, and (c) the authors themselves as people involved in generating aspects of popular culture through their poetic endeavors. More specifically, these writers enable us to appreciate aspects of pragmatist emphases on human knowing and acting through their attentiveness to people’s perspectives, speech, deliberation, action, and interaction. In addressing affective relationships, introducing generic standpoints, and considering morality as community matters, these materials offer contemporary scholars in the social sciences some particularly instructive transhistorical and transcultural comparative and conceptual reference points. Inspired by the remarkable contributions of the three 13th-14th century Italian poets and some 12th- 13th century French predecessors, the Epilogue direct specific attention to the ways in which authors might engage poetic productions as “producers” and “analysts” of fictionalized entertainment.


2020 ◽  
pp. 096466392094781
Author(s):  
Ashlee Gore

This paper discusses controversies over the reasonable belief in consent defence to sexual assault shared by many common law jurisdictions. The implementation of a ‘reasonable’ belief standard has been heralded as a safeguard against rape myth narratives that endorsed men’s unreasonable but ‘honest’ beliefs in women’s consent. This paper argues that judicial constructions of reasonable belief in consent continue to apply notions of reasonableness abstracted from the social context of women’s experience of sexual violence and disconnected from sociological insights which contextualise both the encounter and jury decisions. Using a feminist sociocultural analysis (Gavey, 2005; Kelly, 1988), the successful appeal in the case of R v Lennox (2018 Queensland, Australia), against his conviction by a jury is discussed. The reasoning in the Lennox appeal reveals that overriding judicial constructions of women as incredible in their communication of non-consent, and the prevailing legal dichotomies of consent, and credibility as ‘all or nothing’, undo the progressive potential of the standard of ‘reasonableness’ in consent law and reinforce the phallocentrism of legal discourse.


Author(s):  
P. Ishwara Bhat

Analytical research aims at exposition of law and legal concepts by looking at its source, the power behind it, the interconnections with norms at different hierarchies, and the force behind it which may reflect social recognition. It is essential to focus on meanings, silences, and relations in order to bring out the meaning. Since language is born in a social context words are to be understood by looking at the social context. Gaps and interstices of law are to be filled up by exploring the hidden ideas by reading between the lines. Relations are also resources of meaning. In order to analyse the law, determining its status in the hierarchy of legal norms is necessary. In international law, constitutional jurisprudence, law of precedents, and common law we come across the norms governing hierarchy. Once law is located, finding its meaning through analysis and synthesis is the step to be taken.


Aschkenas ◽  
2021 ◽  
Vol 31 (1) ◽  
pp. 29-77
Author(s):  
Markus J. Wenninger

Abstract Safe conduct functioned in the Middle Ages and in the Early Modern period to provide a particular safety to travelers with proper protection on the one hand; on the other, it was practiced as an authoritative tool for the establishment of income and the control over travelers. Since the 13th century, a development of particular safe-conduct evolved, to which also tax-like dues were inherent. From its beginning, Jews, too, were integrated into this system – both as those receiving safe conduct and, especially in the 14th century, also investors, who leased tax revenues from local lords. Receiving safe-conduct was imperative to Jews in the later periods of the Middle Ages and the Early Modern age because of their mobility for trade and moneylending businesses. From the 14th century on, the social position of the Jews in Germany significantly worsened, and they were increasingly expelled from many cities and territories. Hence, Jews were only allowed to enter specific cities if they paid for the specific safe conduct. Contrary to earlier times, this did not include protection anymore, but merely the permission to enter the city. This essay describes this development by examining several case studies from the 13th to the early 16th centuries. One focus rests on the reign of Emperor Maximilian I, from which stem several revealing cases. From the safe conduct, which was granted to Jews, the term »Judengeleit« (safe-conduct for Jews, often simply called »safe-conduct/Geleit«) was developed in the 14th century, determining the acceptance and the right of abode for Jews in the cities and territories, which were common especially in the western regions of Germany. This phenomenon is discussed in this essay only concerning its formation and not regarding its further development.


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