Abduction Marriage in Antiquity: A Law of Constantine (CTh IX 24.1) and its Social Context

1989 ◽  
Vol 79 ◽  
pp. 59-83 ◽  
Author(s):  
Judith Evans-Grubbs
Keyword(s):  
Social Context ◽  
Roman Law ◽  
The People ◽  
Literary Sources ◽  
Explicit Recognition ◽  
Ad Populum ◽  
The Law

On I April A.D. 326 the Emperor Constantine issued a strongly worded edict (CTh IX. 24. 1) violently attacking the practice of abduction marriage or bride theft. Addressed ‘to the people’ (‘ad populum’), the law demands the punishment of all persons involved in such cases, including even the girl herself and her parents, if they had later agreed to the marriage of their daughter with her abductor. This edict marks the first explicit recognition in Roman law of marriage by abduction, although it is clear from other literary sources that the phenomenon was not new to the age of Constantine.

A Rightful Place for Public Health in American Law

2002 ◽  
Vol 30 (2) ◽  
pp. 302-304 ◽  
Author(s):  
Wendy E. Parmet ◽  
Anthony Robbins
Keyword(s):  
Public Health ◽  
Social Context ◽  
The Political ◽  
Legal Analysis ◽  
Oliver Wendell Holmes ◽  
The People ◽  
Human Endeavor ◽  
American Law ◽  
The Law ◽  
Political Spectrum

The practice of law has changed greatly since the days when judges based decisions on the maxim salus populi suprema lex, and Oliver Wendell Holmes disagreed, noting that “experience” has been the “life of the law.” In the intervening years, the profession has followed Holmes and the legal realists in recognizing that the law does not exist in a vacuum. It is a human endeavor, molded by experiences and filled with human consequences. Today, lawyers, jurists, and legal scholars everywhere on the political spectrum recognize the importance of social context, history, and a variety of non-legal disciplines, and non-legal insights to the intelligent practice of the law Unfortunately, in rejecting the old maxims, the legal profession also lost sight of the fundamental truth of salus populi suprema lex, Latin for “the health of the people is the highest law” - namely, it has lost sight of the truth that a population’s health is a critical part of law’s social context. One of the consequences of this is that the profession has failed to include public health - the study of the causes and prevention of disease, disability, and death in populations - among the non-legal disciplines regularly incorporated into legal analysis and routinely taught to all would-be lawyers. It is time to correct this oversight.

scholarly journals SUMMUM IUS SUMMA INIURIA. O IDEOLOGICZNYCH ZAŁOŻENIACH W INTERPRETACJI STAROŻYTNYCH TEKSTÓW ŹRÓDŁOWYCH

2017 ◽  
Vol 5 (1) ◽  
pp. 51
Author(s):  
Franciszek Longchamps de Bérier
Keyword(s):  
Social Context ◽  
Class Struggle ◽  
Roman Law ◽  
Saint Jerome ◽  
The Law

Summum ius summa iniuria. Some Remarks on the Ideological Premises in the Interpretation of Ancient Written SourcesSummaryThe saying summum ius summa iniuria has often been repeated after Cicero (Cic., Off. 1,33) until the present times. More than one hundred years before him , in one of his comedies, Terence mentioned that ius summum saepe summast malitia (Ter., Heaut. 796). It must, therefore, have become a proverb quite early on. Similar wording could also be found in the writings of Columella (Colum., Rust. 1,7,2) and Saint Jerome (Hier., Epist. 1,14). This expression, which was reiterated by ancient writers, was popular because it embodied, in a concise form, a com m on Roman experience that the law becomes an injustice when it is executed scrupulously w ithout paying any regard to its social context. It would seem, however, that the proverb summarizes this experience only on the spoken level since it would be difficult to specify its normative content.The Roman proverb is an interesting example of how an old maxim can be understood and used depending on its ideological presuppositions. The article shows how problematic certain interpolation premises are with regard to aequitas. The author criticizes applying the doctrine of class struggle to elucidate the meaning of summum ius summa iniuria. He also points out that Immanuel Kant’s suggestions on how to understand the saying could be misleading.It is not the author’s intention to repudiate ideological premises as such. Indeed, they could be helpful, particularly when ancient sources are ambiguous. Yet any research into these sources should be undertaken first to ascertain, if at all possible, how the Romans perceived a problem, and what they really had in m ind when writing the texts which have been preserved up to date. The texts could be used for any purpose whatsoever providing their interpretative position were clearly stated. Therefore, it would seem essential to distinguish between Roman law and its contemporary reception, as well as the truth about Roman thought and the interpretative possibilities which the sources provide for the present-day commentator.

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.

Tswana Legal Maxims

Africa ◽  
1966 ◽  
Vol 36 (2) ◽  
pp. 121-134 ◽  
Author(s):  
I. Schapera
Keyword(s):  
Great Majority ◽  
Roman Law ◽  
The People ◽  
The Law ◽  
Judicial Procedure ◽  
Opening Paragraph

Opening ParagraphLike many other peoples, the Tswana of Bechuanaland Protectorate often cite proverbs and similar sayings to specify rules of conduct. In this paper I discuss a number of those generally used in the context of litigation; some are statements of general principles, akin to the ‘maxims’ of Roman law, others relate more particularly to judicial procedure. Many were actually quoted at trials witnessed by myself or recorded by clerks of tribal courts, the rest were mentioned incidentally by informants when discussing points of Tswana law. The great majority are classed by the people themselves as ‘proverbs’ (diane, sing. seane), and some of these (though not all) are included in the collections of Tswana proverbs published by Plaatje and Seboni; others were introduced simply by some such phrase as Molao ware, ‘The law says’, or Kamokgwa waSetswana, ‘According to Tswana custom’. Since I am not here concerned with their linguistic aspects, I do not attempt to distinguish recognized proverbs from other kinds of maxim.

Magistrates who Made and Applied the Law

2016 ◽  
Author(s):  
Frederik Vervaet
Keyword(s):  
Roman Republic ◽  
Essential Role ◽  
Roman Law ◽  
Routine Application ◽  
The People ◽  
Republican Era ◽  
The Law ◽  
Historical Developments

During most of the Roman Republican era—traditionally dated from 509 to 27 BC—the magistrates of the people and the plebs demonstrably played an essential role in both the production and the application of Roman law, especially in terms of statute laws and edicts. Although the senate had a tremendous voice, no legislation would have been possible without the proactive involvement of a series of key magistrates of people and plebs. When it comes to the application of the law under the Roman Republic, there was much scope for the so-called minor magistracies, whose involvement in the routine application of the law was probably disproportionate to their attestation in the sources. Importantly, this survey of magistrates who made and applied the law in the Roman Republic never loses sight of the overall socio-institutional background and key historical developments and changes.

scholarly journals Administrative proceedings in Roman law

2021 ◽  
pp. 133-144
Author(s):  
S. I. Gridin
Keyword(s):  
Good Faith ◽  
Roman Law ◽  
Court Decisions ◽  
Search Procedure ◽  
Legal Proceedings ◽  
The People ◽  
The Law ◽  
Limitation Of Actions ◽  
Administrative Proceedings

The article deals with the issues of administrative proceedings in Roman law. Its beginning was laid in the 5th century BC by the laws of ХII tables. They briefly deal with the issues of legal proceedings, which at that time was called court agreement. Free citizens gathered at the forum (city square), where the plaintiff presented claims to the defendant. In Roman law, the rule was established to make claims through claims, which the magistrate (praetor) had to support. The judges were elected by the people. Gradually, the praetors changed the formulas of claims, which contributed to the development of Roman law. Often they proceeded not from the law, but from the circumstances of the case, therefore they could instruct the judge to consider the case “in good faith.” Gradually, various forms of claims were formed, which contributed to the improvement of administrative proceedings. In Roman law, many concepts were laid that have remained in modern legal proceedings. This is the election and turnover of judges, the necessary defense, the writ of execution and the persons who monitored their execution; jurisdiction; corruption; search procedure; jurisdiction; privilege; appeal against court decisions; requirement for witnesses; consideration of cases by the police; torts; limitation of actions; and some others. This makes the study of Roman justice relevant.

scholarly journals Reform of the Law of Inheritance in Turkey and Tunisia

AL- ADALAH ◽  
2021 ◽  
Vol 17 (2) ◽  
pp. 249-268
Author(s):  
Kiki Adnan Muzaki ◽  
Asep Saepudin Jahar ◽  
Muhammad Amin Suma
Keyword(s):  
Social Context ◽  
Research Method ◽  
Social Issues ◽  
Civil Law ◽  
Gender Issues ◽  
Men And Women ◽  
Library Research ◽  
The People ◽  
The Social ◽  
The Law

This study examines the reform of the law of inheritance in Turkey and Tunisia. Both countries reinterpret the law of inheritance based on the current social context where the changes of social structure particularly related to gender issues encourage changes in its implementation. Applying the library research method, this study aims at comparing the law of inheritance in Turkey and Tunisia and illustrating that the Sharia law associated with social issues is adapted to and reinterpreted according to the needs of the people. As the result, the study draws some conclusion that Turkey grants equal inheritance rights to men and women, whereas Tunisia integrates the inheritance legal system described in the Quran with the social context. This happens due to the fact that Turkey has been subject to total secularisation and has caused a conflict with the opposition since the beginning of its formation. In the meantime, Tunisia has attempted to avoid a conflict with the traditionalists. To that end, in Tunisia the opinions of the Mālikī and Ḥanafī scholars followed by the majority of the people are adopted and used as a source to formulate the first draft of the civil law.

scholarly journals Utopia Without the Law – Why Is It Impossible?

2021 ◽  
Vol 30 (2) ◽  
pp. 285
Author(s):  
Karol Kuźmicz
Keyword(s):  
Immanuel Kant ◽  
Real World ◽  
Social Life ◽  
Affirmative Answer ◽  
Roman Law ◽  
The Bible ◽  
The People ◽  
The Social ◽  
Utopian Thinking ◽  
The Law

<p class="Standard"><span lang="EN-GB">The academic character of the article is connected with the attempt to answer the question asked in the title: Utopia without the law – is it possible? The theoretical arguments provided by the author lead to an affirmative answer to this question and allow for formulating the following thesis: there is no utopia without the law. The law is not only present in utopias, both positive and negative ones (anti-utopias and dystopias) but also, to a great extent, determines their existence and functioning. As a result, it links utopian thinking to reality. Any answer to this question is possible and justifiable in the academic discourse. According to the author of this article not only the law is present in the utopia but the law in the utopia must exist. The essence of the law in utopias is justice, but there is not justice in utopias without wisdom. The Bible, Roman law and philosophical and legal reflection were the sources of an approach to law for the creators of utopia. Referring to the views of such thinkers as: Plato, Immanuel Kant, Rudolf von Ihering, Gustav Radbruch, Karl R. Popper, Bronisław Baczko, the author states that the law is an integral part of both worlds: the utopian world and real world. So, there is not utopia without the law as an idea of jusctice, implemented into the social life of the people who are intelligent beings.</span></p>

Peranan KPPU Bagi Pemangku Kepentingan Dalam Menegakkan Undang-Undang Larangan Praktik Monopoli Di Indonesia

Liquidity ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 190-200
Author(s):  
Muchtar Riva’i ◽  
Darwin Erhandy
Keyword(s):  
Stakeholder Participation ◽  
The People ◽  
The Law ◽  
The Government ◽  
Law Commission

The establishment of the KPPU is to control the implementation of the Act. No. 5/1999 on Concerning the Ban on Monopolistic Practices and Unfair Business Competition in Indonesia. Various duties and authority of the KPPU contained in Article 35 and Article 36 of the Act. But in reality, KPPU does not have executorial rights so that the various decisions of the commission often could not be implemented. Therefore internally strengthening of institutional existence by way of amending the Law Commission is very appropriate to be used by the government and parliament agenda. Externally, stakeholder participation is something very urgent and that the KPPU’s strategic optimally capable of performing their duties according to its motto: “Healthy competition Welfare of the people”.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

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