Munificence andMunicipia: Bequests to Towns in Classical Roman Law

1985 ◽  
Vol 75 ◽  
pp. 105-125 ◽  
Author(s):  
David Johnston
Keyword(s):  
Social Background ◽  
Economic Importance ◽  
Roman Law ◽  
The Social ◽  
The Law ◽  
Epigraphic Evidence ◽  
Law Of Succession ◽  
The Town

Extensive epigraphic evidence, juristic discussion, and mention in the letters of Pliny combine to show that testamentary munificence during the principate was a phenomenon of both social and economic importance. Beyond a few introductory remarks, however, this paper is not concerned with the social background and functions of philanthropy. Rather, how was munificence regulated? On what conditions for the use of their bequests would benefactors insist? And on what terms would towns accept them? These questions raise a whole complex of further issues such as the ability of benefactors (or their descendants) to enforce the conditions of an endowment, and the extent to which variation of the object of the endowment by the town might be possible. Previous discussions of towns and their capacities in relation to the law of succession have been concerned largely, if not exclusively, with issues of juristic personality. While some understanding of those issues is essential for any useful discussion, they are left aside here so far as possible.

Inheritance

2016 ◽  
Author(s):  
Eva Jakab
Keyword(s):  
Roman Law ◽  
Legal Interpretation ◽  
Legal Standing ◽  
Literary Sources ◽  
Legal Thinking ◽  
The Law ◽  
To Come ◽  
Famous Trials ◽  
Epigraphic Evidence ◽  
Law Of Succession

This chapter surveys some of the most important aspects of the law of both testate and intestate inheritance in the period under discussion. It argues that the Roman law of succession can only really be understood within the context of Roman society, the networks of association and kinship and the complex social bonds that operated within the more privileged classes for whom inheritance was an important aspect of their social legacy and the legal standing of their family in generations to come. Ancient literary sources, reports of famous trials, sophisticated argumentations in the works of the jurists and epigraphic evidence enable different approaches to a better understanding of legal thinking and legal interpretation. Since succession was forbidden between Romans and peregrines, the law of inheritance was a special Roman matter, an important part of identity and a tool of integration.

Quintilian and the Law

2021 ◽  
pp. 258-277
Author(s):  
Olga Tellegen-Couperus
Keyword(s):  
Criminal Law ◽  
Roman Law ◽  
Private Law ◽  
Legal Procedure ◽  
Legal Expert ◽  
The Law ◽  
Law Of Succession ◽  
The Relationship

How did Quintilian regard the relationship between rhetoric and law? It is only in the last book of his Institutio oratoria that Quintilian deals with this question. In 12.3 he states that the well-educated orator must have a broad knowledge of the law so that he will not be dependent on information from a legal expert. In the course of the book, Quintilian shows that he himself was well acquainted with Roman law for he often explains rhetorical technique by giving legal examples, and these examples deal with a wide variety of topics and refer to a wide variety of sources. The topics include criminal law and private law, particularly the law of succession, and legal procedure. The sources range from speeches by Cicero to fictitious laws and cases. Quintilian regarded rhetoric as superior to law but he will have agreed with Cicero that rhetoric and law were partners in dignity.

scholarly journals Municipio y crédito en el Aragón moderno : el endeudamiento censal del concejo darocense (siglos XVI-XVII)

1999 ◽  
Author(s):  
José Antonio Mateos Royo
Keyword(s):  
Seventeenth Century ◽  
Social Background ◽  
Progressive Increase ◽  
Financial Situation ◽  
Town Council ◽  
The Social ◽  
The Town

Este artículo analiza la situación financiera de los municipios en Aragón durante los siglos XVI y XVII a través de un ejemplo concreto: el Concejo de Daroca. El constante recurso al crédito generó un creciente endeudamiento que provocó su bancarrota durante la segunda mitad del siglo XVII. El estudio muestra la evolución de este proceso de endeudamiento y sus causas. Establece asimismo la extracción social de los acreedores del Concejo y las principales decisiones municipales sobre el tema.This paper studies the financial situation of Town Counciis in Aragón during the sixteenth and seventeenth centuries through a case study: the Daroca Town Council. Accumulating loans led to a progressive increase of debts, therefore municipal finances fell into bankrupcy during the second half of the seventeenth century. The research shows the evolution of this indebtedness process and its reasons. The paper also explores the social background of the Town CouncH's creditors and the main decisions by municipal authorities about this matter.

law, Roman, institutional scheme of

2016 ◽  
Author(s):  
Jakob Fortunat Stagl
Keyword(s):  
Family Law ◽  
Civil Procedure ◽  
Roman Law ◽  
Property Law ◽  
Part Family ◽  
General Part ◽  
The Law ◽  
Law Of Succession

The institutional scheme of Roman law was developed primarily by Gaius on the basis of a preceding tradition of law manuals. The scheme consists of dividing the law into a General Part, Family Law, Property Law, Law of Succession, Law of Obligations, and Civil Procedure. This scheme is apparent not only in Gaius’s Institutes but also in the whole of his didactic scheme, which can be discerned from descriptions of the curriculum in his time. Gaius’s larger didactic scheme is indebted to contemporary philosophical, rhetorical, and didactic currents, which made it possible for him to organise the law of Rome in such a solid and plausible way that the emperor Justinian adopted this scheme for his compilation, comprising the Institutes, the Digest, and the Codex.

The Inscriptions

2021 ◽  
pp. 134-227
Author(s):  
Elizabeth C. Robinson
Keyword(s):  
Roman Empire ◽  
Strong Evidence ◽  
Settlement Patterns ◽  
Local Elites ◽  
Family Names ◽  
The Social ◽  
The Stability ◽  
Epigraphic Evidence ◽  
Tribal Affiliation ◽  
The Town

This chapter focuses on the epigraphic evidence from Larinum and its territory as well as examples found in the wider Mediterranean. It begins with a prosopographical discussion of the eight principal families of the town, noting the survival and prominence of local families in the late Republic and early Empire, as well as newly prominent local families under the Roman Empire. The families discussed are the Cluentii, the Didii, the Paquii, the Papii, the Vibii/Vibbii, the Raii, the Coelii, and the Gabbii. These families, along with other residents bearing family names of Oscan origin, appear to have been the chief protagonists of Larinum’s transition into the Roman state. The continuity of the elite as an institution at the site, even if power changes hands between different families, allows for Larinum’s successful incorporation after the conquest. The importance of the epigraphic record for understanding of the social and administrative history is also discussed. The inscriptions provide evidence of linguistic developments in Oscan and early Latin. The patronage inscriptions show Larinum’s desire to forge links with key individuals within the Roman state. The epigraphy also provides information about territorial administration and tribal affiliation, demographics, and intermarriage. This information reinforces the conclusions drawn from looking at Cicero’s Pro Cluentio. The strong evidence of continuity seen in the inscriptions matches the stability seen in the settlement patterns in the territory and supports the conclusion that Larinum’s transition into the Roman state at the hands of the local elites was generally a smooth one.

scholarly journals INTEGRASI ILMU LINGUISTIK DALAM WACANA POLITIK UNDANG-UNDANG OTONOMI KHUSUS PAPUA: PERSPEKTIF STUDI MORFOLOGI

2018 ◽  
Vol 4 (1) ◽  
pp. 65
Author(s):  
Hugo Warami
Keyword(s):  
Qualitative Method ◽  
Social Background ◽  
Descriptive Research ◽  
Morphological Studies ◽  
True Value ◽  
The Social ◽  
The Law ◽  
Basic Philosophy ◽  
Research Type ◽  
Detailed Picture

This study is part of an effort to understand the true value of basic philosophy that is revealed behind the law is really very meaningful in finding the words and concepts to describe the meaning of a text of the law. The provision of a special autonomy space for Papua is seen as a new sign that becomes a beacon within nationalists from the threat of Papuan nationalist groups (separatists and federalists) who are constantly creating new signs in the social semiotics space in Papua. Language as the home of life, capable of echoing and symbolized as a form of resurrection that is ready to threaten the unitary state system. The purpose of this study is to uncover political discourse in the text of law number 21 on Special Autonomy of Papua laden with linguistic nuances (morphology) which is not only what is understood, but the understanding itself is essentially linguistic as well. The method used in this research refers to qualitative method with descriptive research type which serves to present a detailed picture about a particular situation, social background, relationship, class or certain characteristic in Papua Special Autonomy Law. The main data in this study is the writing data (main) which is derived from the text of the Special Autonomy Law of Papua. The qualitative data derived from the text of the law in the form of words, phrases, clauses and sentences that provide an overview of the integration of morphological studies can then be described and explored in their meaning according to their use in the text.

Compulsory Portion in France

2020 ◽  
pp. 78-107
Author(s):  
Cécile Pérès
Keyword(s):  
Civil Code ◽  
Customary Law ◽  
Roman Law ◽  
French Law ◽  
Historical Tradition ◽  
The Law ◽  
Law Of Succession

This chapter deals with the réserve héréditaire in the French law of succession. In the presence of descendants or, failing that, a surviving spouse, French law limits the deceased’s freedom to dispose of his or her property by will or gifts. A person’s estate is notionally divided into two parts: the quotité disponible, which he or she may freely dispose of, and the réserve héréditaire, which the law transfers to certain designated heirs. The réserve héréditaire of the French Civil code is the fruit of a long historical tradition stemming from both Roman law and customary law. It has constantly adapted to the evolution of society. That evolution continues today. The Act of 23 June 2006 had made the réserve héréditaire evolve in a more liberal direction. However, the foundations of the réserve héréditaire – particularly with regard to descendants – remain solid and unchallenged.

‘An Open and Notorious House of Lewdness’: Dora Noyce and the Danube Street Brothel

2018 ◽  
pp. 114-128
Author(s):  
Roger Davidson
Keyword(s):  
Local Level ◽  
Social Background ◽  
Court Records ◽  
The Social ◽  
History Of ◽  
Late Twentieth ◽  
The Law ◽  
Oral History Interviews ◽  
Second World ◽  
Late Twentieth Century

Chapter 6 explores the life of Dora Noyce and her business enterprise at 17 and 17a Danube Street, Edinburgh, as a peg upon which to hang a broader review of how the law operated at the local level to regulate prostitution and brothel-keeping in late twentieth-century Scotland. Primarily based on oral history interviews and newspaper reports, the study reveals the social background and outlook of Dora Noyce before describing the operation of her brothel, including details of sexual transactions and the social status and motivation of the women employed as prostitutes. Thereafter, the history of the Danube Street brothel is located within a more general review of the law relating to brothel keeping in Scotland and its previous implementation prior to the Second World War. The study then focuses on the possible reasons for the degree of tolerance shown by the police authorities in Edinburgh to Dora Noyce from the 1950s through to the 1970s and the extent to which this signified a more complex and nuanced relationship between the law and the sexual underworld than is conventionally conveyed in police and court records.

scholarly journals Revisiting the ideologies of planning law

2014 ◽  
Vol 6 (1/2) ◽  
pp. 174-193 ◽  
Author(s):  
Julie Adshead
Keyword(s):  
Environmental Law ◽  
Town Planning ◽  
Planning Law ◽  
England And Wales ◽  
Content Type ◽  
Law And Policy ◽  
The Social ◽  
The Law ◽  
The Town ◽  
Theoretical Foundations

Purpose – The aim of the research is to examine the legal ideologies of planning law proposed by Patrick McAuslan in 1980 and their operation in one key aspect of modern-day planning law in England and Wales in order to assess the balance between these ideologies today. Design/methodology/approach – In order to achieve this, the philosophical and theoretical foundations of the respective legal ideologies are revisited. The approach that follows is a mixed doctrinal and socio-legal one. The content of the law in certain key areas is established and then analysed against the framework of McAuslan's ideologies in order to establish the social context balance of the law. Findings – The paper concludes that, despite much change in law and policy, the balance between the three competing ideologies in the area of development control in the planning regime of England and Wales remains similar to that in 1980. Research limitations/implications – For publication as a research paper, the scope of the examination was necessarily restricted. Certain areas scrutinised by McAuslan are of less relevance today, but, nonetheless, there is clearly scope to revisit some of the other aspects of planning law considered in 1980 and, indeed, to expand the scope of analysis to other areas of environmental law. Originality/value – The paper takes a framework of legal ideologies that was proposed over 30 years ago and applies it to elements of the modern-day planning regime. The paper will be of value to both legal academics and those in the town planning discipline.

Customary Mechanisms of Family Protection

2020 ◽  
pp. 39-77
Author(s):  
Thomas Rüfner
Keyword(s):  
Central Europe ◽  
Family Members ◽  
Early Modern Period ◽  
Customary Law ◽  
Roman Law ◽  
Dominant Factor ◽  
The Law ◽  
Close Relatives ◽  
Law Of Succession ◽  
Close Family

Even before Roman law became a dominant factor in the development of the law, the power to dispose of one’s property by last will or testament was (re-) introduced into the law of succession in many areas of Europe. Customary law restricted the freedom of testamentary disposition to certain categories of property or to a certain share of the estate. Sometimes, dispositions were only possible with the consent of close family members. In the early-modern period, the customary rules restricting testamentary freedom were amalgamated with the complicated Roman system of family protection. By way of example, this chapter examines the development in the pays de droit coutumier of northern France, and in those parts of Central Europe which were influenced by the law of the Sachsenspiegel. In both areas, the Roman rule which required testators to leave a certain amount (the portio legitima) to close relatives was introduced during the sixteenth century while the customary restrictions were loosened. The provisions of the French Civil Code of 1804 and the Prussian General Land Law of 1794 mark the respective end-points of the developments considered. Codified French law, in keeping with the tradition of the Coutumes, restricted testamentary disposition to a certain share of the estate and reserved the remaining share for close family members. Prussian law contained a simplified version of the Roman portio legitima. Both codes betrayed a sceptical attitude towards freedom of testation, which was characteristic of the teachings of many natural lawyers.

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