scholarly journals Ideali universalistici o fiscalismo imperiale? Decima hereditatium e constitutio Antoniniana de civitate

2021 ◽  
Vol VOL. 1 (N.1 (2021)) ◽  
Author(s):  
Valerio Marotta

Was the constitutio Antoniniana enacted to establish a cosmopolis or to solve a dramatic financial liquidity problem? The joint examination of two texts – one by Cassius Dio, the other by the Ulpian’s Institutes – suggests that Caracalla decided to speed things up by granting citizeship to all the inhabitants of the Empire to increase tax revenues. However, the need to finance the aerarium militare and to pay, in this way, the praemia to the veterans, does not exclude the possibility that Caracalla cultivated, at the same time, the project of establishing, in the entire ecumene, a single civitas. In any case, contestually to the issuing of constitutio de civitate, Caracalla subverted the political line followed, for more than a century, by his predecessors. Not only did he avoid granting to the new Aurelii, that is the new citizens, the so-called cognationis iura, but he also restricted the scope of this provision to those who had already been counted among the cives for a long time, by subjecting as many people as possible to the payment of the inheritance tax (decima hereditatium).

2015 ◽  
Vol 47 ◽  
pp. 485-491

Brief in which King Henry III recalls that as there are people who might perhaps convey to the lord pope and cardinals certain business which has recently been transacted by him as a result of the advice of his magnates and vassals, who may put a malicious interpretation on it, and as the affair might be a potential hindrance to him, he (so the recipients are better prepared to argue against the cunning deceits of such men) is minded to explain here the whole sequence of certain of his affairs, so that they may not be uninformed about what has passed, on which it may happen that they or others might otherwise be deceived. [2] So they are to be aware that whereas, at the time when the bishop of Norwich was legate (1218–1221), the earl Marshal still occupied the castles of Marlborough and Ludgershall, and was proposing to marry the sister of Count Robert of Dreux, and there were also other magnates in England who were endeavouring to distance him from the king by injurious alliances, the idea of betrothing the earl to one of the king's sisters was discussed between the legate, his justiciar and certain other magnates, partly because the political alliance with foreigners was thought alarming should the earl marry the sister of the count of Dreux – so as not to render England more accessible to foreigners, especially since Richard Marshal, the brother of the earl, might obtain all the Marshal lands in Normandy – and partly because of fear of the malice of those people who endeavoured to seduce the earl's allegiance from the king; and indeed because the castles of Marlborough and Ludgershall ought to be returned to him (which many times the earl promised) so that the other magnates might the more readily be persuaded likewise to return to the king his castles which they also held. [3] Because of his tender years and the fragile state of his kingdom, one of the king's sisters was destined for the said Marshal, by the authority of the legate and the counsel of certain magnates. The said Marshal swore to marry her, if it pleased the king and the magnates of the realm. The justiciar swore to hand her over to the Marshal, if the magnates of the kingdom agreed. The legate, the justiciar and others who were present faithfully promised that they would approach this matter conscientiously. The said castles were handed back to the legate, so that if the contract were not fulfilled within a space of time long now expired, they should be given back promptly to the Marshal. [4] Further to this, when these matters were communicated to other magnates, notably to the earl of Chester who at that point returned from the Holy Land (July 1220) – the earl strongly approved the match and many others agreed, with no dissenters. But afterwards, when certain dissensions had emerged, some people demurred, claiming – just as indeed was said on their behalf in the papal curia – that the king should have no greater an aid for his own marriage as for his sisters, as a result of which his sisters’ marriage arrangements would be impeded, about which he was negotiating a considerable treaty in foreign parts, and so at that time the Marshal arrangement remained unfulfilled. [5] But when recently (June 1222) the same Marshal obtained a papal mandate addressed to the archbishop of Canterbury and bishop of Salisbury, that either they should cause him to be entirely absolved from the conditions of the oath, or the marriage contract be confirmed, the Marshal insisted vociferously that one of those options should be followed, since he cared for nothing other than that he be married. So now as before it is a worry that Marshal – a man of great power in England as much as Ireland – might marry the sister of the said count of Dreux or a daughter of the duke of Brabant, who was likewise offered to him – which on account of the matters already alluded to would assist the king in no way – or even the sister of the king of Scots, where similarly no small danger might arise, for by how much nearer Scotland is to Ireland and the Marshal lands, so much the more dangerous would the marriage be to the king. [6] So having considered the energy and power of the said Marshal, as well as the faithful service he has openly and strenuously performed for the king especially in the region of Wales – his castles which Llywelyn prince of Gwynedd held which Marshal vigorously reclaimed (in April 1223) would scarcely have been taken without his capacity and hard work – and also bearing in mind the example of Philip, the late king of France (died 14 July 1223) – who for a long time freely married off his daughters, sisters, and nieces to the likes of the counts of Namur and Ponthieu and others of his men rather than to foreigners, just as the current king of France recently married off his niece, the daughter of Guichard de Beaujeu to the count of Champagne (after August 1223); because of all these precedents and the great things which are hoped for from the Marshal, it should not be objectionable to the king and his council – all things considered – that he may at some time permit him to marry his sister to his advantage and honour. The king, on the advice of such and such men, having discussed this business extensively, conceded the Marshal his younger sister, without lessening of his lands, castles or money. [September 1223 × January 1224]A= Kew, National Archives (PRO), SC1/2/109.Printed, Royal Letters, 1: 244–246; Diplomatic Documents, 95–97.


Author(s):  
Hendrik Simon

Abstract The History of International Law lacks systematic studies on the link between legal scholars and practices of justifying war. This missing analytical link has for a long time given the impression that legal scholars describe ‘state practice’ in an ‘objective’, unpolitical way. Contradicting this impression, the article turns to the politics of legal scholars in the genesis of the modern war discourse. It reflects on the fateful entanglement of violence, law and politics, but nevertheless distinguishes between ‘objective’ and ‘political’ scholarship on the basis of Hans Kelsen’s work. Furthermore, the article illustrates the politicisability of legal scholars in selected historical cases of the ‘long 19th century’ (1789–1918). In all cases, two hearts pounded in lawyers’ chests: one scientific, the other political. As will be shown, the modern war discourse is shaped by a phenomenon that enables scholars to expand the intrinsic limits to the political instrumentalisation of law: ‘multi-normativity’.


Politik ◽  
2019 ◽  
Vol 22 (2) ◽  
Author(s):  
Fabio Wolkenstein

Political theory has for a long time paid scant attention to the topic of political parties and partisanship. In recent times, however, there has emerged a body of theoretical research that seeks to draw attention to the place of parties and partisanship in a well-functioning polity. This article offers an overview of this research, discussing approaches that focus on partisanship as an associative practice, on the one hand, and approaches that focus on the party as an institution, on the other. The article argues that, while the two approaches no doubt usefully complement each other, concentrating on partisanship at the expense of party risks paying insufficient attention to the institutional structures that ultimately connect partisans to the state and allow them to exercise power. This is problematic insofar as it is especially the party as institution whose virtues are currently called into question. Given this, the article proposes to shift the emphasis in theoretical research from partisanship-centred theories to party-centred theories.


2018 ◽  
Vol 6 (2) ◽  
pp. 207-226 ◽  
Author(s):  
Julian Millie

AbstractExisting analyses of the Islamic turn in regional Islamic politics in Indonesia have overlooked the possibility that these politics – often critiqued for their negative implications for minorities and vulnerable segments – are to some extent reflections of indigenous cultural dispositions. Drawing on the author's long-time ethnographic work in West Java, as well as recent anthropological theorising about public ethics in Islamic societies, the article identifies a significant correlation between, on the one hand, the practical forms and legislative outputs of the regional Islamic turn, and on the other, a characteristic notion of public decorum that is asserted in routines of embodied Islamic observance. The article notes that this extension of an embodied, practice-based public ethics into the political regimes of national life has created conflict with the disembodied civic order established in Indonesia's constitution and state ideology.


1979 ◽  
Vol 14 (2) ◽  
pp. 195-236
Author(s):  
Daniela Piattelli

Historians have often directed their attention towards Judaea when delving into the legal organization of the Roman provinces and in particular into the policy which Rome adopted towards them.The works of Flavius Josephus, the only ones which have come to us from amongst the many other contemporary works of varying political outlook, were for a long time the historians' chief source.Jurists, on the other hand, have not really exploited this source despite its great importance. Indeed, for many of them the numerous doubts raised as to the authenticity of the official documentation present a serious obstacle, although it is this very characteristic that could be of the greatest help in making an historical reconstruction which would also be valid at the legal level.Now however, the recent discoveries in the Dead Sea have brought to light new material of undoubted authenticity. This material sheds light on what was one of the most troubled Roman provinces for both the historian and the jurists.


Author(s):  
Denis Eckert

This article analyses Ukraine’s current borders, de jure and de facto, from a geopolitical point of view. Significant changes in the border regime occurred after the political events of 2014. The emergence of de facto borders after the annexation of Crimea and the hostilities in eastern Ukraine raises the question not only of the direction of the Ukrainian state’s foreign policy but also has fundamental consequences for domestic policy. The presence of international organisations monitoring parts of the state border shows that Ukraine is involved in the process of combating illegal immigration and smuggling, on the one hand, and that it has not solved all its state-building problems, on the other. The delimitation of state borders (demarcation) with the other former Soviet republics has taken a long time for land borders and has not been completed for maritime borders. Today’s Ukraine, in the context of European integration, opens its borders to the West and minimizes its contacts with the East. The sharp deterioration in relations with Russia following the annexation of Crimea, Russia’s support for separatist entities in eastern Ukraine has led to the abandonment of cross-border cooperation between border regions, including for mechanisms as effective as Euroregions. The need to amend current Ukrainian legislation, to take into account the political and legal status of de facto borders is an important point at the moment. To achieve this objective, it is necessary not only to draw on the experience of the functioning of the State border with Moldova in its section not controlled by the Moldovan government but also to develop new approaches to facilitate the lives of displaced persons, legalize their legal status and facilitate the crossing of the line of demarcation.


2016 ◽  
Vol 65 (6) ◽  
pp. 846-866 ◽  
Author(s):  
Ina Kerner

Feminist theory has addressed relations of difference, heterogeneity, and hierarchy within gender groups as well as the entanglement of various forms of differentiation, power, and inequality for a long time. This does not mean that there was unanimity with regard to the best way of doing this, though. Today, we can distinguish different approaches in this regard, and there is contestation about both the analytical and the political advantages and pitfalls of each of them. This article concentrates on two of these approaches: on the one hand on intersectional ones, which strongly focus on inequality; and on the other hand on postcolonial feminist theories, which put the emphasis on global power relations and interactions. The article discusses select positions of both intersectional and postcolonial feminist theories in conjunction, and argues why and how they should be conceptualized as complementary.


2015 ◽  
Vol 2 (1) ◽  
pp. 117-145
Author(s):  
İsmail Güllü

Yarım aşırı aşan bir geçmişe sahip Almanya’ya göç olgusu beraberinde önemli bir edebi birikimi (Migrantenliteratur) de getirmiştir. Farklı adlandırmalar ile anılan bu edebi birikim, kendi içinde de farklı renkleri de barındıran bir özelliğe sahiptir. Edebi yazını besleyen en önemli kaynaklardan biri toplumdur. Yazarın içinde yaşadığı toplumsal yapı ve problemler üstü kapalı veya açık bir şekilde onun yazılarına yansımaktadır. Bu bağlamda araştırma, 50’li yaşlarında Almanya’ya giden ve ömrünün sonuna kadar orada yaşayan, birçok edebi ve düşünsel çalışması ile Türk edebiyatında önemli bir isim olan Fakir Baykurt’un “Koca Ren” ve Yüksek Fırınlar” adlı romanları ile birlikte Duisburg Üçlemesi’nin son kitabı olan “Yarım Ekmek” romanında ele aldığı konu ve roman kahramanları üzerinden din ve gelenek olgusu sosyolojik bir yaklaşımla ele alınmaktadır. Toplumcu-gerçekçi çizgide yer alan yazarın, uzun yıllar yaşadığı Türkiye’deki siyasi ve ideolojik geçmişi bu romanda kullandığı dil ve kurguladığı kahramanlarda kendini göstermektedir. Romanda Almanya’nın Duisburg şehrinde yaşayan Türklerin yeni kültürel ortamda yaşadıkları çatışma, kültürel şok, arada kalmışlık, iki kültürlülük temaları ön plandadır. Yazar romanda sadece Almanya’daki Türkleri ele almamakta, aynı zamanda Türkiye ile hatta başka ülkeler ile de ilişkilendirmeler yaparak bireysel ve toplumsal konuları ele almaktadır. Araştırmada, romanda yer alan dini ve geleneksel unsurlar sosyolojik olarak analiz edilmiştir. Genel anlamda bir göç romanı olma özelliği yanında Yarım Ekmek romanında dini, siyasi ve ideolojik birçok yorum ve tartışma söz konusudur. Romandaki bu veriler, inanç, ritüel, siyaset ve toplumsal boyutlarda kategorize edilerek ele alınmıştır.  ENGLISH ABSTRACTReligion and identity reflections in literature of immigrant: Religion and Tradition in Fakir Baykurt’s novel Yarım EkmekThe immigration fact which has nearly half century in Germany have brought a significant literal accumulation (Migrantenliteratur) in its wake. This literal accumulation, which is named as several denominations, has a feature including different colours in itself. One of the most important source snourishing literature is society. Societal structure and problems that the writer lives inside, directly or indirectly reflect on his/her compositions. In this context, the matter of religion and tradition by way of the issue and fictious characters in the novel of Fakir Baykurt who went to Germany in her 50’s and lived in there till his death and who is a considerable name in Turkish literature with his several literal and intellectual workings; “Yarım Ekmek” which is the third novel of Duisburg Trilogy with “Koca Ren” and “Yüksek Fırınlar” are discussed sociologically in the study. The political and ideological past of the socialist realist lined writer in Turkey where he spent his life for a long time, manifest itself on the speech and fictious characters of novel. In the novel, themes of new Turks’ conflict, cultural shock, being in the middle, bi culturalism in their new cultural nature in Duisburg which is the city they live in. The writer not only deals with Turks in Germany but also personal and social subjects via comparing them to Turkey and even other countries. In the study, religious and traditional elements analyzed sociologically. Besides the speciality of being a migration novel in general, there are a lot of religious, political and ideological interpretations and discussions in the novel. These datum in the novel are examinated in the context of belief, ritual, politics and social categorisation. 


2019 ◽  
Vol 1 (5) ◽  
Author(s):  
Ida Susilowati ◽  
Zahrotunnimah Zahrotunnimah ◽  
Nur Rohim Yunus

AbstractPresidential Election in 2019 has become the most interesting executive election throughout Indonesia's political history. People likely separated, either Jokowi’s or Prabowo’s stronghold. Then it can be assumed, when someone, not a Jokowi’s stronghold he or she certainly within Prabowo’s stronghold. The issue that was brought up in the presidential election campaign, sensitively related to religion, communist ideology, China’s employer, and any other issues. On the other side, politics identity also enlivened the presidential election’s campaign in 2019. Normative Yuridis method used in this research, which was supported by primary and secondary data sourced from either literature and social phenomenon sources as well. The research analysis concluded that political identity has become a part of the political campaign in Indonesia as well as in other countries. The differences came as the inevitability that should not be avoided but should be faced wisely. Finally, it must be distinguished between political identity with the politicization of identity clearly.Keywords. Identity Politics, 2019 Presidential Election


Author(s):  
Avi Max Spiegel

This chapter seeks to understand how Islamist movements have evolved over time, and, in the process, provide important background on the political and religious contexts of the movements in question. In particular, it shows that Islamist movements coevolve. Focusing on the histories of Morocco's two main Islamist movements—the Justice and Spirituality Organization, or Al Adl wal Ihsan (Al Adl) and the Party of Justice and Development (PJD)—it suggests that their evolutions can only be fully appreciated if they are relayed in unison. These movements mirror one another depending on the competitive context, sometimes reflecting, sometimes refracting, sometimes borrowing, sometimes adapting or even reorganizing in order to keep up with the other.


Sign in / Sign up

Export Citation Format

Share Document