Vier Arten von Römern unter den Franken im 6. bis 8. Jh.

2016 ◽  
Vol 133 (1) ◽  
pp. 459-468
Author(s):  
Detlef Liebs
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Roman Law ◽  
Procedural Law ◽  
The Status ◽  
The Difference ◽  
Law Texts ◽  
Fourth Kind

Abstract Four kinds of Romans in the Frankish kingdoms in the 6th to 8th centuries. Roman law texts from Merowingian Gaul make a difference between cives Romani, Latini and dediticii, all considered as Romans. This difference mattered only to slaves who had been freed. The status of Latin and dediticius was hereditary, whereas the descendants of one who had been freed as civis Romanus were free born Romans, who should be classified as a proper, a fourth kind of beeing Roman; it was the standard kind. The difference was important in civil law, procedural law and criminal law, especially in wergeld, the sum to be payed for expiation when somebody had been killed: Who had killed a Roman, had to pay different sums according to the status of the killed.

Introduction to the legal system

2021 ◽  
pp. 67-74
Author(s):  
Anna Smajdor ◽  
Jonathan Herring ◽  
Robert Wheeler
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Primary Sources ◽  
European Law ◽  
General Introduction ◽  
System P ◽  
The Status ◽  
The Difference

This chapter provides a general introduction to the legal system. It explains the court structure in England. It sets out the primary sources of law: statute and common law. It also explores the difference between civil law and criminal law, and how different kinds of cases can be brought arising from the same set of facts. It also considers the status of European Law following Brexit.

Introduction: Common Civility – International Criminal Law as Cultural Hybrid

2011 ◽  
Vol 24 (2) ◽  
pp. 389-391 ◽  
Author(s):  
ELIES VAN SLIEDREGT
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Civil Law ◽  
International Criminal Law ◽  
Recent Discussion ◽  
Social Scientists ◽  
Legal Traditions ◽  
Procedural Law ◽  
The Hague ◽  
National Systems

On 28 and 29 October 2011, a conference was held in The Hague on International Criminal Law (ICL) as a cultural and legal hybrid. The aim of the conference convenors was to facilitate an exchange of thoughts between legal scholars, practitioners, and social scientists on the nature of ICL and to discuss the role (legal) culture plays in international criminal justice. The recent discussion is dominated by the adversarial (common law)–inquisitorial (civil law) dichotomy and centres on the hybrid nature of the procedure in international criminal law. The debate focuses on how a fair and efficient trial can be safeguarded by observing the rights of the accused and other participants through an operational criminal procedure. Sometimes, this clash of legal systems has become an end in itself, resulting in a debate on which system is superior. At least in theory, however, modern international criminal procedural law seems to have overcome the adversarial–inquisitorial dichotomy, since it combines features of both common- and civil-law systems. This unique compromise structure poses a challenge to the practitioners who – although trained in and influenced by their respective national systems – have to apply the procedural norms at the international level and, in doing so, find an appropriate balance between adversarial and inquisitorial features. This is even more challenging since the single elements of the different legal traditions do not fit together seamlessly, leading to myriad, heated disagreements over how to combine them into a single, coherent, workable legal system.

14. Discrimination and Health and Safety

2019 ◽  
pp. 396-418
Author(s):  
Lucy Jones
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Health And Safety ◽  
Employment Law ◽  
Direct Discrimination ◽  
Indirect Discrimination ◽  
Positive Action ◽  
Positive Discrimination ◽  
The Law ◽  
The Difference

This chapter considers the employment law aspects of discrimination and health and safety. It discusses the meaning of the protected characteristics which were brought together under the Equality Act 2010 and considers prohibited conduct under the Act. It explains the difference between direct and indirect discrimination and when direct discrimination can be justified. The chapter discusses the difference between positive action and positive discrimination and the interaction between protected characteristics and prohibited conduct. It also explains the law relating to harassment and victimization. The chapter concludes with a discussion of the law covering health and safety in the workplace, looking at both criminal law and civil law.

Hannah Arendt’s Philosophy of Law Approach to International Criminal Law

2014 ◽  
Vol 14 (4-5) ◽  
pp. 695-716 ◽  
Author(s):  
Peg Birmingham
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Philosophy Of Law ◽  
Legal Principles ◽  
Systematic Philosophy ◽  
The Status ◽  
The Law ◽  
The Difference ◽  
Political Principles

My argument in this article is that Hannah Arendt has a coherent and well-developed, although not systematic, philosophy of law which she brings to the Eichmann trial specifically and to international criminal law generally. In Part One of the article, I lay out Arendt’s philosophy of law, focusing on her account of the difference between the Greek and Roman conceptions of the law, the status of the consensus iuris, and the status of legal principles. Part Two offers a comparison of Arendt’s and Dworkin’s legal and political principles that animate the law. Part Three takes up Arendt’s approach to international criminal law through an analysis of her report of the Eichmann trial, specifically her account of the unprecedented nature of crimes against humanity, the new type of criminal who commits administrative massacres, and the difference between the criminal and the political trial at the international level.

Studi Komparasi Kesaksian Wanita dalam Hukum Pidana Islam dan Hukum Perdata Islam

2020 ◽  
Vol 1 (1) ◽  
pp. 16-27
Author(s):  
Abdul Rahim ◽  
Kasman Bakry
Keyword(s):  
Problem Solving ◽  
Criminal Law ◽  
Islamic Law ◽  
Civil Law ◽  
Legal Studies ◽  
Similarities And Differences ◽  
The Difference

This study explains that in the view of Islamic law on women's testimony in Islamic criminal law is that in Jarimah ḥudūd, kisas and takzir there are two conditions that could have occurred. Therefore, the two legal studies have similarities and differences, the location of the similarities can be seen from their position as well as their role as witnesses, namely in terms of their position as one of the evidences in the process of problem solving and in terms of their roles equally contributing to provide true information in accordance with what women see, hear and / or feel / experience it yourself. Whereas the difference in general is that in Islamic criminal law, jumhur ulama are of the opinion that a woman's testimony is rejected, meaning that a minority is accepted, and even then in a very urgent situation, while in Islamic civil law all ulama are of the opinion that a woman's testimony is accepted meaning that there is not a single ulama who reject it and there are even some cases that prioritize women's testimonies over men's testimonies namely issues that are specifically in the area of women.

Advocates’ Hats, Roman Law, and Admission to the Scots Bar, 1580–1812

2015 ◽  
Author(s):  
John W Cairns
Keyword(s):  
Civil Law ◽  
Roman Law ◽  
Knowledge And Skills ◽  
The Status

This chapter presents a detailed study of actual admissions and of modes of admission as an advocate, almost from the foundation of the College of Justice to the Regency era, focusing on development of a set of examinations in Civil (Roman) law that came to replicate the exercises for examination in a university for the degree of Doctor of Laws. It was the focus on these examinations for admission that reinforced and perhaps even accelerated the tendency of Scots to acquire abroad the necessary knowledge and skills in Civil law that they needed to pass their ‘trials’. The symbolism of the trials reinforced the status of the advocates as learned gentlemen and linked their profession with that of advocates in other countries.

scholarly journals The influence of canon law on ius commune in its formative period

SEEU Review ◽  
2015 ◽  
Vol 11 (2) ◽  
pp. 153-164
Author(s):  
Sami Mehmeti
Keyword(s):  
Canon Law ◽  
Civil Law ◽  
Formative Period ◽  
Roman Law ◽  
European Law ◽  
Medieval Period ◽  
Ancient Greek ◽  
Ius Commune ◽  
The Common ◽  
The Difference

AbstractIn the Medieval period, Roman law and canon law formedius communeor the common European law. The similarity between Roman and canon law was that they used the same methods and the difference was that they relied on different authoritative texts. In their works canonists and civilists combined the ancient Greek achievements in philosophy with the Roman achievements in the field of law. Canonists were the first who carried out research on the distinctions between various legal sources and systematized them according to a hierarchical order. The Medieval civilists sought solutions in canon law for a large number of problems that Justinian’s Codification did not hinge on or did it only superficially. Solutions offered by canon law were accepted not only in the civil law of Continental Europe, but also in the English law.

scholarly journals Translation Methods Applied to Approach the Incongruity of Terms in Polish and British Criminal Law

2021 ◽  
Vol 18 (1) ◽  
pp. 210-230
Author(s):  
Anna Kizińska
Keyword(s):  
Northern Ireland ◽  
Criminal Law ◽  
English Language ◽  
Family Law ◽  
Civil Law ◽  
Criminal Code ◽  
Initial Stage ◽  
Translation Methods ◽  
Law Texts

Summary The research analyses incongruent Polish and British criminal law terms. British terms are the names of legal institutions characteristic of three independent legal systems: of England and Wales, Scotland or Northern Ireland. The Polish terms that have been discussed come from the Polish Criminal Code Act of 6 June 1997 (Journal of Laws 1997 No. 88 item 553). Moreover, they are legal terms pursuant to their interpretation by Morawski (1980, p. 187). The English equivalents under analysis have appeared in four Polish Criminal Code translations into English. The research aims at a verification of whether or not the classification of translation methods applied in the Polish-English translation of incongruent succession and family law terms (called civil law terms) (Kizińska, 2015, p. 175–178) encompasses translation methods used in the process of translation of incongruent law terms characteristic of criminal law into English. In the paper the translation method is interpreted according to the definition by Hejwowski (2004, p. 76). In the theoretical part of the paper the following linguistic phenomena have been presented: a term (by Zmarzer & Lukszyn, 2001, p. 9) and incongruity of terms (by Šarčević, 1989, p. 278). In the initial stage of the analysis the definitions of a given Polish term and its suggested equivalents have been compared. Next, the appearance of a given equivalent in the sources of British law texts as well as the English language has been checked to determine the translation methods used while forming a given equivalent. Finally, the list of translation methods applied has been drafted, to conclude, among other things, that the translation methods presented in the above-mentioned typology of translation methods applied in the translation of incongruent civil law terms from Polish into English are to be determined as exclusively primary or secondary.

scholarly journals Ayat-Ayat Hukum dalam Alquran Mengatur Hubungan Sesama Manusia

2021 ◽  
Vol 6 (1) ◽  
pp. 165
Author(s):  
H. Hendrianto ◽  
Lutfi Elfalahy
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Civil Law ◽  
Administrative Law ◽  
Study Data ◽  
Law And Finance ◽  
Human Beings ◽  
Literature Study ◽  
Human Relationships ◽  
Procedural Law

This study aims to reveal the legal verses in the Koran, especially the legal verses about human relationships (habluminannas) that have been written in the Koran, as a guide or reference for Muslims. Especially in the case, the number of verses regarding muamalah law is relatively small, especially when compared to the law verses on worship. While the development of life seems to continue to change. while the verse has no changes and additions. This research was conducted with literature study, data collection techniques using documentation techniques with data analysis, namely content analysis. The results show that the verses of muamalah law are classified into 7 (seven) sections, including those related to family law, civil law, criminal law, procedural law, administrative law, economic law, and finance. The verse of law regulates fellow human beings or muamalahs which provide little opportunity for Muslims to implement muamalah activities in accordance with the guidelines contained in the Koran and Hadith, if not explicitly explained it is supported by other legal products such as ushul fiqh and kaedah- fiqh principles.

1. Introduction

2019 ◽  
pp. 1-36
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Internal Structure ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Reform ◽  
Criminal Conviction ◽  
The Difference ◽  
Criminal Statistics

This book focuses on substantive criminal law, that is, how offences such as theft and murder are defined. This introductory chapter sets in context criminal offences and defences, first by considering the basis upon which certain conduct is criminalised and other conduct is not. It then outlines the reasons why people commit crimes, which types of people commit them, and whether certain groups are over-represented in criminal statistics. It also discusses the role of evidence in assessing how well criminal offences can be proved in practice; the punishments for committing crimes; the difference between criminal and civil law; the process and procedure to obtain a criminal conviction; sources of the substantive criminal law; the internal structure of offences and defences; principles of the substantive criminal law and the subjects to which it applies; legal reform; and the application of the current law.

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