Finium Demonstratio

1957 ◽  
Vol 47 (1-2) ◽  
pp. 39-52
Author(s):  
David Daube
Keyword(s):  
Legal Discourse ◽  
Roman Law ◽  
Private Law ◽  
Unique Contribution ◽  
Main Application ◽  
Actual Working ◽  
Modern Treatment

No apology is needed for presenting a strictly legal discourse to one who, while ranking among the most illustrious Ancient Historians alive, has by his teaching and writing made a unique contribution to the study of Roman Law. Our subject will be the role of finium demonstratio in Roman private law. There is no comprehensive modern treatment, with the result that scholars, confronted by one of the rare references to this institution, are apt to feel somewhat unsure. The difficulty is increased by the fact that in its main application, in the field of warranty against eviction, finium demonstratio partake in the tortuous evolution, classical and post-classical, of the rules concerning this warranty. The same fact, however, also adds to the interest, especially as the actual working of the system of warranty at its various stages becomes much clearer by tracing its bearing on a usage like finium demonstratio.

scholarly journals The Birth of European Legal History

2018 ◽  
Author(s):  
Randall Lesaffer
Keyword(s):  
Legal History ◽  
German Law ◽  
Second World War ◽  
Law Students ◽  
Roman Law ◽  
Private Law ◽  
Legal Tradition ◽  
Law Schools ◽  
Second World

The chapter explores the emergence of European legal history in the years after the Second World War through an analysis of Paul Koschaker’s seminal work, Europa und das römisches Recht. Whereas the rise of a European discourse of legal history gels with European integration, the chapter argues that its roots are rather to be found in Koschaker’s attempt to salvage the study of Roman private law from the crisis it had fallen into at German law schools during the interbellum. By highlighting the enduring role of the Roman legal experience for the formation of the European legal tradition, he hoped to give Roman law a new relevance for law students. The chapter further surveys the gradual widening of European legal history towards other subjects than Roman private law, in particular during the 1970s and 1980s.

scholarly journals Roman law in the period of profound changes in Polish science

2021 ◽  
Vol 72 (2) ◽  
pp. 199-218
Author(s):  
Wojciech Dajczak
Keyword(s):  
Traditional Approach ◽  
Roman Law ◽  
Private Law ◽  
Significant Implication ◽  
Legal Method ◽  
World Class ◽  
Polish Law ◽  
Polish Higher Education ◽  
The Impact

Separating Roman law from the theory of applicable private law inspires - from the beginning of 20th century – the questions pertaining to the meaning, aims, and methods of researching Roman law. This article analyses these issues in the context of the changes of the evaluation of research resulted from the Polish higher education and science act enacted in 2018. The core of this analysis is the comparison of the traditional understanding of the internationalization of the study of Roman law by Polish researchers and the understanding of world-class research according to the new Polish law. The tension between traditional approach of Romanists and bibliometric criteria of evaluation has significant implication for whether and how the Roman law should be studied and taught on the Polish faculties of law. The paper stresses the role of the impact of Polish researches of Roman law on the European debate about basic problems of private law and legal method today. The future of Roman law in Polish legal education interacts with today’s fundamental dispute about what is Western civilization and how it is to be understood.

Kein Volk der Gesetze: Anmerkungen zu Mantovanis These der legum multitudo im römischen Privatrecht

2019 ◽  
Vol 136 (1) ◽  
pp. 322-344
Author(s):  
Benedikt Forschner ◽  
David Haubner
Keyword(s):  
Roman Law ◽  
Private Law ◽  
Statutory Law

Abstract „Die Begriffe und Sätze ihrer Wissenschaft erscheinen ihnen nicht wie durch ihre Willkühr hervorgebracht, es sind wirkliche Wesen, deren Daseyn und deren Genealogie ihnen durch langen vertrauten Umgang bekannt geworden ist" F.C. v. Savigny, Vom Beruf unserer Zeit für Gesetzgebung und Rechtswissenschaft, Heidelberg 1814, 29.. No People of Statutes. Notes on Mantovani’s Thesis regarding a legum multitudo inRoman Private Law. It is commonly shared by Roman law scholars that the development of Roman private law has been driven by lawyers rather than by legislation. This assumption has recently been challenged by Dario Mantovani, according to whom the role of statutory law within Ro-man private law has been significantly underestimated since the 19th century until today. The paper critically appraises Mantovani's approach and reviews his line of reasoning.

Therapeutic role of vegetables in Respiratory Diseases – A critical review from Ayurvedic classics.

2016 ◽  
Vol 1 (3) ◽  
Author(s):  
Dr. Raghavendra Naik ◽  
Shweta Vekariya ◽  
R. N. Acharya ◽  
Sneha D. Borkar
Keyword(s):  
Clinical Practice ◽  
Respiratory Disease ◽  
Respiratory System ◽  
Critical Review ◽  
Critical Analysis ◽  
Respiratory Diseases ◽  
Unique Contribution ◽  
Pharmacological Activities ◽  
The Family

The concept of Pathya (wholesome diet) is an unique contribution of Ayurveda, which plays an important role in prevention and management of many diseases. “Shakavarga”, a category under dietetics in classical texts of Ayurveda enlisted different vegetables with their properties and indications in different disease conditions. These vegetables can be prescribed as Pathya (wholesome diet) in clinical practice. In the present review, plants described under Shakavarga, indicated as Pathya in different diseases related to Pranavaha Srotas (Respiratory system) were compiled from 15 different Ayurvedic classical texts. Critical analysis of the compiled data reveals that out of 332 vegetables described under Shakavarga, 44 are indicated in respiratory disease like Shvasa (Dyspnoea/Asthma), Kasa (Cough), Peenasa (Chronic rhinitis) and Hikka (Hiccup). Among them, botanical identity of 42 classical plants has been established and maximum number of vegetables belongs to the family cucurbitaceae (10) followed by solanaceae (4). Some of these vegetables have been reported for their various pharmacological activities related to prevention and management of diseases related to Pranavaha Srotas (Respiratory system). These vegetables are reported for their anti-inflammatory (16), antioxidant (14), anti-allergic (6) and antitussive (3) activities. The observed result may be helpful in use of vegetables as Pathya (wholesome diet) and planning further scientific studies about the efficacy of these plants on prevention as well as management of respiratory diseases.

Torts and Other Wrongs

2019 ◽  
Author(s):  
John Gardner
Keyword(s):  
Public Policy ◽  
Distributive Justice ◽  
Strict Liability ◽  
Private Law ◽  
Moral Significance ◽  
Reasonable Person ◽  
Reasonable Person Standard ◽  
The Law

Torts and Other Wrongs is a collection of eleven of the author’s essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification of strict liability, the nature of the reasonable person standard, and the role of public policy in private law adjudication. Though focused on the law of torts, the wide-ranging analysis in each chapter will speak to theorists of private law more generally.

scholarly journals 669 Increased Nightmares During the COVID-19 Pandemic: Exploring the Role of Resilience and Emotions

SLEEP ◽  
2021 ◽  
Vol 44 (Supplement_2) ◽  
pp. A261-A262
Author(s):  
Jérémie Potvin ◽  
Laura Ramos Socarras ◽  
Geneviève Forest
Keyword(s):  
Young Adults ◽  
Protective Factor ◽  
Negative Emotions ◽  
Unique Contribution ◽  
Health Issues ◽  
Resilience Scale ◽  
And Gender ◽  
The Impact ◽  
Tremendous Impact

Abstract Introduction COVID-19 had a tremendous impact on many aspects of our lives and has caused an increase in stress and mental health issues in many people. We have recently found that there was an increase in nightmares during the pandemic in young adults. Since emotions have been associated with both resilience and nightmares, the objective of this study was to investigate the role of resilience and emotional changes in the increase in nightmares observed during the pandemic, in a group of young adults. Methods Resilience, emotions and nightmares were assessed using the Connor-Davidson Resilience Scale-10, the Differential Emotions Scale-IV and an adapted version of the Pittsburgh Sleep Quality Index. Measures were administered to 209 young adults (18–25 years old, 76.1% females). Hierarchical multiple regression models were computed to examine the unique contribution of changes in positive and negative emotions during the pandemic to the increase in nightmares during the pandemic. Analyses were controlled for nightmares and emotions prior to COVID-19, and for gender. The sample was separated in two groups: resilient and less resilient young adults. Results Results show that in less resilient young adults, nightmares prior to COVID-19 (β=.79, p<.001) and increase in negative emotions (β=.21, p=.033) significantly predicted nightmares during the pandemic and explained 67.0% of their variance. In resilient young adults, nightmares prior to COVID-19 (β=.56, p<.001) and gender (β=-.15, p=.04) significantly predicted nightmares during the pandemic and explained 52.0% of the variance. Conclusion Our results show that increase in negative emotions during the pandemic is associated with an increase in nightmares in less resilient young adults, but not in resilient young adults. Furthermore, our results show that in resilient young adults, being a woman is associated with an increase in nightmares during the pandemic. These results suggest that resilience may be a protective factor in managing the impact of negative emotions on nightmares, but only in men. Support (if any):

Secondary Traumatization Among Social Work Students—The Contribution of Personal, Professional, and Environmental Factors

2020 ◽  
Author(s):  
Anat Ben-Porat ◽  
Shahar Shemesh ◽  
Ronit Reuven Even Zahav ◽  
Shelly Gottlieb ◽  
Tehila Refaeli
Keyword(s):  
Social Work ◽  
Social Work Students ◽  
Positive Contribution ◽  
Unique Contribution ◽  
Raising Awareness ◽  
The Mean ◽  
Explained Variance ◽  
Second Year ◽  
Self Differentiation

Abstract This study examined the rate of secondary traumatic stress (STS) among social work students and the contribution of background variables, personal resources (mastery and self-differentiation) and environmental resources (supervision satisfaction and peer support) to STS. The sample consisted of 259 social work students at three social work schools in Israel. The findings indicated that the mean level of STS was mild. Of the students, 36 per cent suffered STS to a mild extent, 19 per cent to a moderate extent and 18 per cent reported a ‘high to extreme extent’. A significant contribution was made by the student’s year of study, students in their second year of social work school suffered more severely from STS than did students in their first or third years. A positive contribution was made by the student’s level of exposure and a unique contribution was made by mastery and supervision satisfaction to the explained variance of STS. The findings highlight the importance of raising awareness of STS and its implications for social work students, as well as the necessity of helping students cope with this phenomenon. In addition, the study emphasises the significant role of supervisors in the training agencies and the importance of increasing students’ sense of mastery.

scholarly journals Entrepreneurial ecosystems: Founding figures and research frontiers in economic geography

2019 ◽  
Vol 63 (2-4) ◽  
pp. 55-63 ◽  
Author(s):  
Susann Schäfer ◽  
Heike Mayer
Keyword(s):  
Economic Geography ◽  
Unique Contribution ◽  
Special Issue ◽  
Entrepreneurial Ecosystem ◽  
Ongoing Debate ◽  
Entrepreneurial Ecosystems ◽  
Published Research ◽  
Research Frontiers

Abstract The editorial for the special issue on entrepreneurial ecosystems summarizes the ongoing debate on the entrepreneurial ecosystem concept and portrays the backgrounds of founding figures of the concept. It traces the unique contribution of this issue with regard to recently published research. The contributions deal with the measurement of and the role of specific actors and institutions in entrepreneurial ecosystems.

Transformation of legal language – Early Byzantine legal discourse

2017 ◽  
Vol 2 (1) ◽  
Author(s):  
Jaakko Husa
Keyword(s):  
Legal Discourse ◽  
Legal Culture ◽  
Linguistic Analysis ◽  
Cultural Transformation ◽  
Point Of View ◽  
Sixth Century ◽  
Roman Law ◽  
Legal Language ◽  
Linguistic Change ◽  
Early Byzantine

AbstractThis article examines the complicated legal-cultural process in which Roman law became Byzantine law and Roman legal discourse altered into Byzantine legal discourse. Roman law’s transformation into Early Byzantine law is analysed from the point of view of legal language which mutated from Latin to Greek. The approach is legal cultural and legal linguistic and focuses on the overall shape and general patterns. The goal is to highlight how legal-cultural transformation was incremental, language-bound and that there was no radical or sudden culmination point. Moreover, the analysis answers generally to the question of why sixth-century Byzantine legislative Greek contained frequent Latin loans, expressions, phrases and distortions. The discussion concentrates on the Novellae as an integral part of the process of legal cultural and linguistic change from Roman to Byzantine. Instead of going into detailed linguistic analysis, this article underlines generally the contextuality of law and the importance of legal culture

scholarly journals What Constitutions Can Do (but Courts Sometimes Don’t): Property, Speech, and the Influence of Constitutional Norms on Private Law

2004 ◽  
Vol 17 (1) ◽  
pp. 61-81 ◽  
Author(s):  
Oliver Gerstenberg
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Freedom Of Expression ◽  
Social Democracy ◽  
Recent Attempt ◽  
Private Law ◽  
Human Rights Norms ◽  
The Right ◽  
Higher Law

In this paper I want to address, against the background of the ECtHR’s recent attempt to resolve the clash between property rights and the right to freedom of expression in its decision in Appleby v. UK, two questions, both of which I take to be related to the overarching theme of “social democracy”. First, there is the problem of the influence of “higher law”-of human rights norms and constitutional norms-on private law norms; second, the question of the role of adjudication in “constitutionalizing” private law, in other words, the question of the “judicial cognizability” of constitutional norms within private law.

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