LEGAL SKETCH «THE SIGNIFICANCE OF THE LEGAL EXCUSES AND PROVERBS OF ANCIENT ROME AS A MEANS OF LEGAL PROPAGANDA ABOUT LEGAL KNOWLEDGE AND CULTURE»

2020 ◽  
Author(s):  
Alexander Kukharev ◽  
Alexander Rusu
Keyword(s):  
Digital Age ◽  
Legal Culture ◽  
Roman Law ◽  
Ancient Rome ◽  
Legal Knowledge ◽  
The Law ◽  
Law Making

This article discusses adaptation of the norms and ideals of Roman law to modern legal culture, the basis of Roman legal relations, which is the basis of modern law-making. It is important to learn how the culture of the law of ancient Rome influenced the formation of modern law of the digital age. The purpose of writing the paper was to highlight the influence of the legal culture of ancient Rome on modern reality.

scholarly journals PROBLEM „PONADCZASOWOŚCI” ZASAD PRAWA RZYMSKIEGO. UWAGI W DYSKUSJI O „NOWEJ EUROPEJSKIEJ KULTURZE PRAWNEJ”

2017 ◽  
Vol 5 (2) ◽  
pp. 7
Author(s):  
Wojciech Dajczak
Keyword(s):  
Legal Culture ◽  
Roman Law ◽  
Private Law ◽  
The Law ◽  
Law Making

The Issue of „ Timeless” Nature of the Rules of the Roman Law. Remarks in the Discussion on „the New European Legal Culture”SummaryWith in the scope of a discussion on the new European private law opinions regarding the need for a realist revolution are formulated, which would aim at conquering its formal systematics and dogmatic character. From this perspective the references to Roman law are criticised in relations to establishing an extranational private law. They are called neo-pandectism and qualified as dogmatic trends in the European private law.Referring to that discussion I ask in the article whether the realistic thinking about law allows to ignore the durable rules originating from the Roman law. While presenting the characteristics of the realism of the Roman jurists above all I indicated the conviction of the existence of rules that were primary to law, which should be taken into account in the lawyers’ evaluations.I voiced an opinion that seeing the durability of some of the Roman rationes decidendi there is no point in discussing the references to the Roman tradition in the context of the dispute between the realism and formalism but as an element of a dispute regarding the issue what the realistic thinking about law is.On the basis of the used sources I formulated a conclusion that the realistic thinking about law does not allow to ignore the reflection on the durability of the rules originating from the Roman law when we assume that the basis of the reasonable actions of the law-making bodies as well as the bodies which apply the law should be requirements of practical reasonableness, which have a primary nature to law

scholarly journals The origin of the institute of procedural substitution in Bulgarian law

2021 ◽  
Vol 16 (3) ◽  
pp. 10-22
Author(s):  
Todor Kolarov
Keyword(s):  
Roman Law ◽  
Ancient Rome ◽  
Legal Regime ◽  
Ius Commune ◽  
The Law

The article strives to analyse the origin of the institute of procedural substitution (for the lack of a better term) in Bulgaria through historic overview, starting with the law of Ancient Rome, going through ius commune and finishing with the contemporary legal regime. From a procedural standpoint, the conclusion is that the institute came into being at the end of the XIX and beginning of the XX century. While manifestations of procedural substitution can be found in the Roman law, this is not an indication of a formulation of the legal institute itself.

“The Sulṭān Says”: State Authority in the Late Ḥanafī Tradition

2016 ◽  
Vol 23 (3) ◽  
pp. 239-278
Author(s):  
Samy Ayoub
Keyword(s):  
Legal Culture ◽  
The State ◽  
Legal Order ◽  
Reference Points ◽  
Assigned Value ◽  
Legal Studies ◽  
State Authority ◽  
The Law ◽  
The Impact ◽  
Law Making

This article investigates the impact of the state on the legal order through an examination of authoritative Ḥanafī legal works from the 17th and 18th centuries CE. By focusing on the madhhab and its juristic discourse, I challenge the reigning narrative in Islamic legal studies by demonstrating how late Ḥanafī jurists assigned value and authority to Ottoman state orders and edicts. This increasing state authority is reflected in the state’s ability to settle juristic disputes, to order jurists and judges to adopt specific opinions in their legal determinations, and to establish its orders as authoritative and final reference points. The incorporation of state orders within authoritative Ḥanafī legal commentaries, treatises, and fatwā collections was made possible by a turn in Ḥanafī legal culture that embraced the indispensability of the state in the law-making process.


Pewność i jakość prawa a starorzymskie i współczesne czynniki prawotwórcze w Polsce

2016 ◽  
Vol 14 (2) ◽  
pp. 79-89
Author(s):  
Beata Jolanta Kowalczyk
Keyword(s):  
European Union ◽  
Roman Law ◽  
Tax Law ◽  
Elected Officials ◽  
The European Union ◽  
Court Of Justice ◽  
Quality And Reliability ◽  
The Law ◽  
Law Making

This publication analyzes three legislative factors functioning in Roman law, i.e., the activity of a praetor – creating law through appropriate handling of processing means and sanctions, jurisprudence – whose opinions by ius publice respondendi, had the force of law in force, and the emperor – who, as the supreme judge, issued decrees which were binding interpretations of the law as well as rescripts, which were replies to individual inquiries of citizens on legal matters. The aim of this analysis is to find their modern counterparts. The content of the article includes selected forms of law-making activity of these entities, which will be juxtaposed with contemporary activities of the judiciary which creates “precedents”, interprets and subsides the law, as well as elected officials who prepared binding interpretations of the law, e.g., within the tax law and the Court of Justice of the European Union which issued rescripts and decrees equivalent to the activity undertaken by the emperor in Roman law. As a result, an attempt is made to demonstrate whether, and if so, to what extent, their activities affect the quality and reliability of the law formed currently.

scholarly journals Law and Finance “at the Origin”

2009 ◽  
Vol 47 (4) ◽  
pp. 1076-1108 ◽  
Author(s):  
Ulrike Malmendier
Keyword(s):  
Roman Empire ◽  
Roman Law ◽  
Political Environment ◽  
Ancient Rome ◽  
Law And Finance ◽  
Historical Evidence ◽  
Early Form ◽  
Supportive Environment ◽  
Political Interests ◽  
The Law

What are the key determinants of financial development and growth? A large literature debates the relative importance of countries' legal and political environment. In this paper, I present evidence from ancient Rome, where an early form of shareholder company, the societas publicanorum, developed. I show that the societas publicanorum flourished in a legally underdeveloped but politically supportive environment (Roman Republic) and disappeared when Roman law reached its height of legal sophistication but the political environment grew less supportive (Roman Empire). In the Roman case, legal development appears to have mattered little as long as the law as practiced was flexible and adapted to economic needs. The “law as practiced,” in turn, reflected prevalent political interests. After discussing parallels in more recent history, I provide a brief overview of the literature on law and finance and on politics and finance. The historical evidence suggests that legal systems may be less of a technological constraint for growth than previously thought—at least “at the origin.” (JEL D72, K10, N23, N43)

Spurii and the Roman View of Illegitimacy

Antichthon ◽  
1989 ◽  
Vol 23 ◽  
pp. 10-41 ◽  
Author(s):  
Beryl Rawson
Keyword(s):  
Social Problem ◽  
Family Law ◽  
Law And Society ◽  
Roman Law ◽  
Moral Problem ◽  
Ancient Rome ◽  
Roman Society ◽  
Illegitimate Child ◽  
The Law ◽  
Extended Discussion

‘Illegitimacy has been called a social problem for the last two centuries and a moral problem from time immemorial’ (Laslett 1980: 1). Many studies of ancient Roman society have dwelt on morals, and many texts of Roman law give much detail on family law and the law of persons. By contrast with studies of modern law and society, however, there has been little focus on the ‘idea’ of illegitimacy in ancient Rome and no extended discussion of what was involved in being an illegitimate child in that society.

scholarly journals Wolność i godność w starożytnym Rzymie – dobra osobiste czy społeczne? Kilka uwag na tle poglądów Borysa Łapickiego

2019 ◽  
pp. 51-67
Author(s):  
Bożena Czech-Jezierska
Keyword(s):  
Role Model ◽  
Legal Culture ◽  
Roman Law ◽  
Ancient Rome ◽  
Social Character ◽  
Close Relationship ◽  
Ethic Component ◽  
European Civilization

This paper takes an effort to present views of Roman law professor Borys Łapicki on the concept and meaning of liberty and dignity in ancient Rome. He saw a close relationship between these two ideas and he was trying to prove its social character. Borys Łapicki pointed out resulting in that kind of connection from the role of ethics in the development of ancient Roman law. However, applying the Marxist method in science was also used in some of his books. Despite criticisms in relation to Borys Łapicki’s works, his contribution to research on Roman law should be appreciated. He was both a scientist and humanist and he tried to pay attention to an ethic component in Roman law and this makes his ideas of liberty and dignity universal. It forms part of the concept of romanesimo which is understanding the Roman law as an important part of achievement European civilization and some kind of appropriate role model of legal culture.

scholarly journals MEMBANGUN BUDAYA HUKUM PANCASILA SEBAGAI BAGIAN DARI SISTEM HUKUM NASIONAL INDONESIA DI ABAD 21

2015 ◽  
Vol 1 (2) ◽  
Author(s):  
Sunaryati Hartono
Keyword(s):  
Law Enforcement ◽  
Daily Life ◽  
Legal Culture ◽  
The State ◽  
Proper Place ◽  
The Law ◽  
The Government ◽  
Law Making

This article discusses the weaknesses of Indonesian (internal) legal culture. The author argues that this weakness points to the attitudes, behavior, and beliefs about the proper place of law in daily life as entertained by individuals working in the government, law making institutions as well as those working in the law enforcement sector. Moreover, this internal weakness in Indonesian legal culture, poses a threat to the unity of Indonesia as a nation. One solution offered is to return to and revive the State ideology and philosophy, Pancasila, as the basis to develop a more viable and healthy Indonesian legal culture.

scholarly journals A ROMAN PERSPECTIVE ON THE ADVANTAGE FOR CREDITORS REQUIREMENT IN SOUTH AFRICAN INSOLVENCY LAW

2008 ◽  
Author(s):  
Tanya Rheeder
Keyword(s):  
South Africa ◽  
South African ◽  
Present State ◽  
Roman Law ◽  
Ancient Rome ◽  
Insolvency Law ◽  
The Law ◽  
Collecting System ◽  
Over Time

The discussion to follow aspires to take a closer look at the birth of the Roman debt collecting system and trace the development for approximately a thousand years, with the aim of clarifying the present state of the law by showing its evolution over time. However, before venturing into the depths of ancient Rome, a thorough understanding of the application of Roman law in South Africa is crucial.

Law-Making and Economic Change during the Republic and Early Empire

2020 ◽  
pp. 85-108
Author(s):  
Luuk de Ligt
Keyword(s):  
Roman Law ◽  
Legal Rules ◽  
Roman Economy ◽  
Rules And Principles ◽  
Legal Innovation ◽  
The Law ◽  
The Republic ◽  
Early Republican ◽  
Economic Developments ◽  
Law Making

When the Law of the Twelve Tables was promulgated, the Roman economy was overwhelmingly agricultural. As social and economic conditions became more complicated, the formalistic law of early republican times no longer sufficed. The rise of the ius honorarium can be seen as a response to these new circumstances. While scholars have tended to assign all important developments to the praetors of the second and first centuries BC, at least some important changes in the law took place earlier. The bigger picture that emerges is that, contrary to the tenets of institutionalism, Roman law developed pari passu with the economy. Roman law functioned as an autonomous discipline, governed by its own rules and principles. Law-making magistrates and jurists certainly responded to new juridical challenges created by the emergence of an increasingly sophisticated economy, but their principal aim was not to create legal rules that were conducive to economic development or growth but to find practical solutions to juridical problems created by economic developments. Finally, the Principate, to which a large proportion of the surviving evidence belongs, saw far fewer legal innovations than the last centuries of the Republic. The explanation must be that there was less need for legal innovation because most of the economic developments creating a need for new legal remedies had already taken place. Ironically, the period in which the pace of legal change had slowed down has produced most of the surviving evidence.

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