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

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.

Author(s):  
Alexander Kukharev ◽  
Alexander Rusu

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.


Author(s):  
Sören Koch

The paper focuses on the reasons for and effects of the establishment of appellate courts in Norway. Based on the assumption that the introduction of an appellate system was caused by – and at the same time produced – expectations of law, the author reconstructs central features of the Norwegian legal order and its surrounding legal culture. By especially looking at the crucial role of the legal office of the lawman (lagmann), both in the development of the judicature in general and especially in the courts of appeal, the legacy of the medieval popular assembly (þing / ting) is traced back to its historical roots. The author identifies a close relationship between the increasing influence of state power, the demand for an effective judiciary and prevailing ideals of justice. The result was a not always intended but continuous professionalisation of the judges until the 19th century. The introduction of a jury – consisting of lay judges – appears on this background as aberration. However, as expectations on law had changed, the participation of lay judges had become a political desire in Norway from approximately 1830. To support this political claim the judiciary was restructured by applying a deeply unhistorical perception of the judiciary’s historical roots. Due to contradicting political tendencies it took about 60 years to finally establish the jury-system. Despite the fact that the institution of the jury was constantly criticized by legal scientists and legal practitioners alike and despite losing its political backing already decades ago, it still continues to exist. Obviously, the romantic notion of folks-courts still has not lost its attraction jet. The paper demonstrates that this notion is – seen from a historical perspective – unsustainable.



2020 ◽  
pp. 11-34
Author(s):  
Aldo Schiavone

There is a very close relationship between the development of the Roman legal system, grounded on the activity of the jurists, and the creation of an imperial network of commercial relationships in the Mediterranean Sea. We can see this in the late Republic, between the end of the third Punic War and the Augustan age—when Roman legal thinking transforms itself in a scientific knowledge, connected with the development of a world power. An essential feature of this society was slavery, as slaves played a crucial role in many aspects of the economy. During this period, Roman law created contracts and remedies essential to commerce, and so in many ways anticipated the commercial development of the modern world. But rather than defining commercial relations in such a way as to exclude slavery, Roman law reinforced the central role of slavery in Roman society.


2014 ◽  
Vol 5 (1) ◽  
pp. 1-15
Author(s):  
John Alexander ◽  
Sophia Laiou

The aim of this paper is to investigate the establishment of hospitals the provision of medical treatment among the Ottoman Orthodox population in the eighteenth-early nineteenth century. To this end, the paper demonstrates a common legal culture which combined the Islamic vakıf with the provisions for charity of the Byzantine-Roman law, and it also stresses the gradual increase of the role of the lay benefactors in the charitable activities. The paper concludes that in the period under study the economic development in the Ottoman empire and the subsequent socio-economic differentiation among the Ottoman Orthodox subjects shifted the importance from the Church as an exclusive provider of social welfare to the wealthy Christian reaya, who sought for further social recognition through their charitable activities. Thus, the act of philanthropy possessed a dominant class meaning apart from the religious one.


Author(s):  
Bartosz Wiśniewski

Abstract The Chinese legal system has got many keystones. One of them is Roman law. It can be seen in obligations, in the very important part of private law. China has got a unique history and the Latin civilization has got the same characteristic too. Despite the fact of the independent development of the Roman Empire and the Chinese Empire those two legal systems were able to meet in the reception of Roman obligations in China in the twentieth century. That process may create some disputes. Roman law is one of the features of Western civilization. In the Far East, the situation is different. It is not possible to understand the Chinese legal culture without Confucianism, other philosophies, the role of relationships and the heritage of communism. The connection of two different legal systems in the sphere of obligation which was ended in 1999 when The Contract Law was promulgated may be evaluated in different ways. Maybe the most appropriate is the phrase that in current China everything is possible but nothing is easy.


2020 ◽  
Vol 12 ◽  
pp. 61-67
Author(s):  
Ekaterina A. Drogavtseva ◽  

The article is devoted to the theoretical understanding of the characteristic fundamental features of citizenship as an exclusive legal form, the prototype of which was Roman citizenship. In fact, Ancient Rome was and continues to be a role model in state building. Analysis and drawing Parallels between the current state of the institution of citizenship and the citizenship of Roman antiquity helps to identify positive trends in development and understand the essence and key role of this institution of constitutional law as a unique multidimensional phenomenon. The study of the legal experience and heritage of Ancient Rome, an appeal to the origins, are necessary to resolve conflicts of legislation and determine the right direction of development and the correct setting of priorities in the field of constitutional and legal regulation in the sphere of citizenship.


2017 ◽  
Vol 6 (2) ◽  
pp. 73
Author(s):  
Karolina Chytła

Economic and Legal Background of Signing Contracts of the Purchase of the Future Object and Hope in the Ancient RomeSummaryThe author analyzes economic background of entering into a contract of purchase of a future object (emptio rei speratae) and hope (emptio spei) in ancient Rome as well as legal regulations in this area. Amongst the most important economic reasons for creating particular types of bargain - selling contracts the author indicates territorial expansion of the early Empire, establishing the ordo equester, which allowed to generate the most important branches of economy, and eventually of the regular coining, which had a great impact on the trade development. The analysis of the legal solutions of the Roman law in this respect is made by comparing emptio rei speratae and emptio spei. Their analysis is based on following criteria: the role of a condition in the contract, the definitione of price, the liability for compensation, market attitude of a purchaser and salesman, who decided on the choice of one of the contracts. The conclusion that comes out of the article can force to the statement that in Rome of 2nd century ВС economy was so well developed that it allowed to come into a contract with e.g. delayed time limit of payment or delivery that there are basis to regard Forum Romanum as sui generis exchange of ancient times.


1998 ◽  
Vol 2 (2) ◽  
pp. 158-179 ◽  
Author(s):  
John W Cairns

This article, in earlier versions presented as a paper to the Edinburgh Roman Law Group on 10 December 1993 and to the joint meeting of the London Roman Law Group and London Legal History Seminar on 7 February 1997, addresses the puzzle of the end of law teaching in the Scottish universities at the start of the seventeenth century at the very time when there was strong pressure for the advocates of the Scots bar to have an academic education in Civil Law. It demonstrates that the answer is to be found in the life of William Welwood, the last Professor of Law in St Andrews, while making some general points about bloodfeud in Scotland, the legal culture of the sixteenth century, and the implications of this for Scottish legal history. It is in two parts, the second of which will appear in the next issue of the Edinburgh Law Review.


2019 ◽  
Vol 6 (2) ◽  
pp. 62-74
Author(s):  
Ivana Markov Čikić ◽  
Aleksandar Ivanovski

Summary One cannot write about the relationship of young people and current sports stars in modern society without having previously studied the processes of mediation and globalisation of sport, and the transformation of traditional social values. The goal of the science and practice engaged in sports and education of young people is a constant quest for preserving universal ethical values and reconciling them with the modern-day social processes. This paper will present the result of a survey conducted with adolescents in five different Serbian cities in order to find the answer to the question if sportspersons were their favourite television role-models. According to the results of our survey, 45% of adolescents do not have a favourite TV personality and do not know for sure who that could be. Novak Đoković, who would be the choice of adults for a role model of the young, with 63.2% according to the survey conducted by the Ministry of Youth and Sports, scored 3.81% in our survey with adolescents who would chose Novak Đoković as their favourite TV personality. The necessity of raising media literacy of young people with the aim of clear identification of sports role models who are going to improve their quality of life still remains an open issue for further research on this course.


2019 ◽  
Vol 29 (1) ◽  
pp. 189-202

The article advances a hypothesis about the composition of Michel de Montaigne’s Essays. Specialists in the intellectual history of the Renaissance have long considered the relationship among Montaigne’s thematically heterogeneous thoughts, which unfold unpredictably and often seen to contradict each other. The waywardness of those reflections over the years was a way for Montaigne to construct a self-portrait. Spontaneity of thought is the essence of the person depicted and an experimental literary technique that was unprecedented in its time and has still not been surpassed. Montaigne often writes about freedom of reflection and regards it as an extremely important topic. There have been many attempts to interpret the haphazardness of the Essays as the guiding principle in their composition. According to one such interpretation, the spontaneous digressions and readiness to take up very different philosophical notions is a form of of varietas and distinguo, which Montaigne understood in the context of Renaissance philosophy. Another interpretation argues that the Essays employ the rhetorical techniques of Renaissance legal commentary. A third opinion regards the Essays as an example of sprezzatura, a calculated negligence that calls attention to the aesthetic character of Montaigne’s writing. The author of the article argues for a different interpretation that is based on the concept of idleness to which Montaigne assigned great significance. He had a keen appreciation of the role of otium in the culture of ancient Rome and regarded leisure as an inner spiritual quest for self-knowledge. According to Montaigne, idleness permits self-directedness, and it is an ideal form in which to practice the freedom of thought that brings about consistency in writing, living and reality, in all of which Montaigne finds one general property - complete inconstancy. Socratic self-knowledge, a skepticism derived from Pyrrho of Elis and Sextus Empiricus, and a rejection of the conventions of traditional rhetoric that was similar to Seneca’s critique of it were all brought to bear on the concept of idleness and made Montaigne’s intellectual and literary experimentation in the Essays possible.


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