Epochen des Protokolls

2011 ◽  
Vol 2 (2) ◽  
pp. 141-156
Author(s):  
Michael Niehaus

Der Beginn der Epoche des Protokolls lässt sich auf das Ende der Römischen Republik datieren, sein eigentlicher Einsatz als Medium des Rechts beginnt mit der Einführung des schriftlichen Inquisitionsverfahrens im 13. Jh. Der Grundsatz der Wahrheitsermittlung von Amts wegen erfordert seiner Logik nach die Verschriftlichung eines Datenüberschusses, in der das Subjekt zum Objekt des Protokolls wird. Zugleich erweist sich das Protokoll als rechtlich nicht normierbare Grauzone, weil es keine klare Aufschreibregel geben kann, was ins Protokoll gehört und was nicht. </br></br>The age of the transcript begins with the end of the Roman republic; its actual adoption as medium of Law begins with the introduction of written inquisitional procedure in the 13 century. The establishment of truth as a legal principle necessitates the transcription of an excess of data, in which the subject becomes the record's object. At the same time, the transcript turns out to be a grey area, which cannot be legally standardized, because no rule can ultimately define what belongs to the record and what doesn't.

2017 ◽  
Vol 3 (2) ◽  
pp. 273
Author(s):  
Sławomir Godek

Roman Elements in Testamentary Regulations of I Lithuanian StatuteS u m m a ryRoman law, alongside Lithuanian, Ruthenian, Polish, German and canon law, was one of the many sources of I Lithuanian Statute of 1529. However, it is still not clear how and within what scope the authors of the Lithuanian codification used Roman law. At some point researchers of the subject held the view that the reception of elements of elaborate Roman law could not have possibly happened before II Statute of 1566, from witch such elements were transferred to III Statute of 1588. It seems, however, that a number of Roman elements were already present in I Statute; later on, in the course of the creation of II and III Statute, Roman elements were considerably multiplied and expanded. An interesting subject for research in this connection is testamentary law in I Lithuanian Statute. For instance, Roman law did not allow for wills to be drawn up by minors, slaves, heretics, sons who remained under the authority of their fathers, and by insane persons. The same regulations are to be found in I Statute. It should be emphasized that the reception of Roman legal institution by the Lithuanian codification went as far as to include even exceptions to the general rules; thus, sons were allowed to make wills with respect to their separate property, and insane persons were allowed to make wills when they were in a sound state of mind. I Statute also adopted the Roman legal principle that allowed a testator to freely change his will at any moment in his life. An impact of the Roman legal system can also be seen in I Statute regulations concerning the capacity to be a witness to will making. Under I Statute, persons lacking will-making capacity and women could not be witnesses to will making. It also appears that disinheritance as a legal sanction for hitting or insulting one of the parents was taken over by I Statute from Roman law, perhaps via Byzantine law.An analysis of the regulations of I Statute leads one to the conclusion that the first codification was already under the influence of Roman law, and that the influence was more significant that previously believed. In view of the above observations, further research on the issue may lead to interesting results. 


2021 ◽  
Vol 6 (2) ◽  
pp. 157-171
Author(s):  
Adnan Mahmutovic ◽  
Helza Nova Lita

This paper discusses the distinctiveness of the European Union with focus on the Rule of Law and its importance for the EU integration process. Rule of Law is a notion that is very frequently used, but at the same time quite controversial as it is not so easy always to reach generally accepted meaning. Therefore, this paper provides a analysis of the EU Rule of Law  as multidimensional legal principle gravitating between values and principles. The paper acknowledges that a concept of the EU rule of law can be the subject of diverse interpretations and implementation. High-ranking government officials of a two EU member states, Poland and Hungary, have argued recently that a concept of the EU rule of law lacks well-defined rules and remains the subject of much debate. Therefore, the paper provides for better understanding of the concept itself within the specific supranational legal environment. Also, the paper argues that the future of the EU and its integrations depends largely on the respect of the rule of law that remains to be a core and the element of unity within Europe’s legal space. The relationship between the principles and values upon which the EU is founded remain close and interrelated. The EU Rule of law with all its distinctiveness can be concluded with certainty that it reflects a specific character and nature of the EU legal system.


1952 ◽  
Vol 20 ◽  
pp. 72-93 ◽  
Author(s):  
E. Badian

The history of the relations of the Roman Republic with the kings, tribes, and cities of Illyria cannot at present be written, as the evidence does not permit the construction of a coherent and comprehensive account. This, perhaps, is why scholars have often tended to neglect the subject, and have thereby been led into serious errors in dealing with the history of Roman expansion and early imperial organisation. It is the aim of this paper to set out what conclusions can be reached on some important aspects of the subject, and to indicate the way in which these conclusions may be related to the general study of Roman foreign policy during its most interesting period.


Author(s):  
Paulo de Bessa Antunes

The problem to be addressed in this article is related to the precautionary principle and its incorporation into the Brazilian law. As it is beknown, this principle has been widely cited by Brazilian case law and it is an important part of the legal and environmental scholarly production. However, it follows that its application has been made fairly randomly, and even so there is no clear and operational definition of its content. The hypothesis being examined is that since the Rio Declaration’s - in its translation into Portuguese - environmental legislation has termed as legal principle, which internationally is an approach, a precautionary measure, as can be seen in both the texts in English and French of the Rio Declaration and other relevant legal instruments. The methodology to be used is the research of the case law and relevant legal rules, as well as the examination of the scholarly production on the subject. As a result, the conclusion is that there is an overuse of the precautionary principle by the Brazilian courts, especially by the Superior Court of Justice and that, in this case, the Federal Supreme Court has played a moderating role in relation to the application of the precautionary principle.


Author(s):  
Konstantin Sergeevich Ryzhkov

The subject of this research is the principle of immediacy as one of the fundamental principles of civil procedure, defining the content of proving cases heard in the order established by the Civil Procedural Code of the Russian Federation. The goal of this article consists in a thorough analysis of the application of principle of immediacy within the framework of proving, which is regulated by the norms of the civil procedural legislation. The relevance of this topic is substantiated by vast number of exceptions in application of the aforementioned procedural legal principle, including those set by the current legislation. This research employs such methods as analysis, systemic-structural, hermeneutic, and formal-legal. Based on the acquired results, the author determines a list instances in which the current legislation allows for the possibility of limiting the implementation of the principle of immediacy within the process of examination and assessment of evidence by the court. Analysis is also conducted into the limits of application of the principle of immediacy with regards to each individual case.


2014 ◽  
Vol 61 (1) ◽  
pp. 118-122
Author(s):  
Rebecca Langlands

First up for review here is a timely collection of essays edited by Joseph Farrell and Damien Nelis analysing the way the Republican past is represented and remembered in poetry from the Augustan era. Joining the current swell of scholarship on cultural and literary memory in ancient Greece and Rome, and building on work that has been done in the last decade on the relationship between poetry and historiography (such as Clio and the Poets, also co-edited by Nelis), this volume takes particular inspiration from Alain Gowing's Empire and Memory. The individual chapter discussions of Virgil, Ovid, Propertius, and Horace take up Gowing's project of exploring how memories of the Republic function in later literature, but the volume is especially driven by the idea of the Augustan era as a distinct transitional period during which the Roman Republic became history (Gowing, in contrast, began his own study with the era of Tiberius). The volume's premise is that the decades after Actium and the civil wars saw a particularly intense relationship develop with what was gradually becoming established, along with the Principate, as the ‘pre-imperial’ past, discrete from the imperial present and perhaps gone forever. In addition, in a thought-provoking afterword, Gowing suggests that this period was characterized by a ‘heightened sense of the importance and power of memory’ (320). And, as Farrell puts it in his own chapter on Camillus in Ovid's Fasti: ‘it was not yet the case that merely to write on Republican themes was, in effect, a declaration of principled intellectual opposition to the entire Imperial system’ (87). So this is a unique period, where the question of how the remembering of the Republican past was set in motion warrants sustained examination; the subject is well served by the fifteen individual case studies presented here (bookended by the stimulating intellectual overviews provided by the editors’ introduction and Gowing's afterword). The chapters explore the ways in which Augustan poetry was involved in creating memories of the Republic, through selection, omission, interpretation, and allusion. A feature of this poetry that emerges over the volume is that the history does not usually take centre stage; rather, references to the past are often indirect and tangential, achieved through the generation and exploitation of echoes between history and myth, and between past and present. This overlaying crops up in many guises, from the ‘Roman imprints’ on Virgil's Trojan story in Aeneid 2 (Philip Hardie's ‘Trojan Palimpsests’, 117) to the way in which anxieties about the civil war are addressed through the figure of Camillus in Ovid's Fasti (Farrell) or Dionysiac motifs in the Aeneid (Fiachra Mac Góráin). In this poetry, history is often, as Gowing puts it, ‘viewed through the prism of myth’ (325); but so too myth is often viewed through the prism of recent history and made to resonate with Augustan concerns, especially about the later Republic. The volume raises some important questions, several of which are articulated in Gowing's afterword. One central issue, relating to memory and allusion, has also been the subject of some fascinating recent discussions focused on ancient historiography, to which these studies of Augustan poetry now contribute: How and what did ancient writers and their audiences already know about the past? What kind of historical allusions could the poets be expecting their readers to ‘get’? Answers to such questions are elusive, and yet how we answer them makes such a difference to how we interpret the poems. So Jacqueline Febre-Serris, for instance, argues that behind Ovid's spare references to the Fabii in his Fasti lay an appreciation of a complex and contested tradition, which he would have counted on his readers sharing; while Farrell wonders whether Ovid, by omitting mention of Camillus’ exile and defeat of the Gauls, is instructing ‘the reader to remember Veii and to forget about exile and the Gauls’ or whether in fact ‘he counts on having readers who do not forget such things’ (70). In short this volume is an important contribution to the study of memory, history, and treatments of the past in Roman culture, which has been gathering increasing momentum in recent years. Like the conference on which it builds, the book has a gratifyingly international feel to it, with papers from scholars working in eight different countries across Europe and North America. Although all the chapters are in English, the imprint of current trends in non-Anglophone scholarship is felt across the volume in a way that makes Latin literature feel like a genuinely and excitingly global project. Rightly, Gowing points up the need for the sustained study of memory in the Augustan period to match that of Uwe Walter's thorough treatment of memory in the Roman republic; Walter's study ends with some provocative suggestions about the imperial era that indeed merit further investigation, and this volume has now mapped out some promising points of departure for such a study.


1993 ◽  
Vol 27 (4) ◽  
pp. 661-667
Author(s):  
Alfredo Mordechai Rabello

Is it possible to view human organs as assets that can be given as “the subject of a gift”? The view most widely accepted in the legal literature is that a dispositionary act in relation to our body cannot constitute the object of a binding contract, if the execution of the contract could endanger the life of the person (i.e. the person making the disposition) or constitute a risk to his physical well-being. In such a case, the contract would contradict the general principles of law and morality.It is an accepted legal principle that a person may make a commitment to give hair, to nurse a child or to donate blood. In a contract for consideration, the validity of the obligation must be determined, but stipulating specific performance is prohibited, thus the only remedy can be the awarding of damages. The law in Israel is clear that the giver of a gift can retract his promise up until the moment of giving, and if the intended recipient of the promised organ is detrimentally affected, the reluctant giver will be liable, at most, to compensate the frustrated recipient.


1941 ◽  
Vol 7 (3) ◽  
pp. 361-378
Author(s):  
H. W. R. Wade

The boundary between the fields of mistake and impossibility in contract seems never yet to have been critically surveyed. But such a survey is badly needed, for it is plain that at the moment the law of mistake is in no less a state of confusion than is the law of impossibility or ‘frustration’. The outstanding case of recent years, Bell v. Lever Bros., Ltd. (1931), met with such universal and (if it may humbly be said) unmerited hostility from publicists in all quarters that this alone calls for an inquiry into the difficulties of the subject. There, has been a disturbing tendency among text-writers, led by Pollock, to profess an inability to understand the ratio deddendi of the case, to try to limit it for the future to its exact facts, and to refuse to recognize in it any legal principle.


Author(s):  
T.P. Evseenko

The article considers a problem of corruption in the ancient world. The features of a polis, a state that is a civil community, are analyzed. It is concluded that the communal nature of a state did not exclude corruption in it; moreover, it created the conditions for the emergence of its new varieties. Here, the subject of corruption practices could be not only a magistrate, a person vested with power, but also a private person who received a specific order from the government of the Roman Republic. Thanks to such errands, these people gained opportunities for abuse of power, the carriers of which they actually were not. The facts confirming the position of the author are given. They lead to the conclusion that corruption in the ancient world not only existed in a polis state, but also had many faces and diversity, not inferior to corruption in the modern world.


Author(s):  
Sara H. Lindheim

Catullus’ poetry reveals an acute awareness of the constant and almost unfathomable widening of his world in the late Roman Republic. In his work people and goods circulate with ease through geographical space, impervious to boundaries. But the cultural notion that only the ends of the world impose limits on Roman territory takes its toll, especially at the level of the subject. The porous nature of geographical boundaries seems to rub off onto the signifiers by which Catullus constructs himself, Lesbia, his brother, his friends, enemies and acquaintances, as well as the places they move through, as coherent, unified, fixed entities.


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