The Twelve Tables and the leges regiae: A Problem of Validity

Author(s):  
Carlos Felipe Amunátegui Perelló

Regal legislation is reported by tradition and attached to some very unlikely characters, as Romulus or Numa Pompilius. On the other hand, tradition makes the creators of the Twelve Tables a group of felons that also seems implausible. While royal legislation is attached to mythical or semi-mythical characters, in comparison, the decemvirs appear as quite mundane, while their leader, Appius Claudius, is simply vile, and his own evilness makes the second decemvirate stand as fictional. In fact, his attempt to rape Verginia seems to mirror the crimes of Tarquin the Proud’s relatives. The change in the status of the lawgivers is quite evident, when the eldest legislation is accounted as the work of a demigod, while the latter is the result of a criminal mind. The main focus of this paper will be to explain this difference and offer a hypothesis on the relation between statutes and legislators. Our main question is: why did the early Romans need to make their lawgivers divine characters, while during the early Republic they were not only men, but felons?

Author(s):  
Kyle Fruh

Discussions of closely associated notions of practical necessity, volitional necessity, and moral incapacity have profited from a focus on cases of agential crisis to further our understanding of how features of an agent’s character might bind her. This paper turns to agents in crises in order to connect this way of being bound to the phenomenon of moral heroism. The connection is fruitful in both directions. Importing practical necessity into examinations of moral heroism can explain the special sense of bindingness moral heroes frequently express while preserving the status of heroic acts as supererogatory. It also helps explain how heroes persevere and act as so few others do. On the other hand, the context of moral heroism allows a fuller development of some features of the concept of practical necessity, shedding more illuminating light on the roots of practical necessity in character through recent findings in the psychology of moral exemplars.


1943 ◽  
Vol 12 (1) ◽  
pp. 28-34
Author(s):  
Kenneth Scott Latourette

A strange contrast exists in the status of the Christian Church in the past seventy years. On the one hand the Church has clearly lost some of the ground which once appeared to be safely within its possession. On the other hand it has become more widely spread geographically and, when all mankind is taken into consideration, more influential in shaping human affairs than ever before in its history. In a paper as brief as this must of necessity be, space can be had only for the sketching of the broad outlines of this paradox and for suggesting a reason for it. If details were to be given, a large volume would be required. Perhaps, however, we can hope to do enough to point out one of the most provocative and important set of movements in recent history.


2007 ◽  
Vol 37 ◽  
pp. 5-30 ◽  
Author(s):  
Kader Konuk

AbstractThe place of Jews was highly ambiguous in the newly founded Turkish Republic: In 1928 an assimilationist campaign was launched against Turkish Jews, while only a few years later, in 1933, German scholars—many of them Jewish—were taken in so as to help Europeanize the nation. Turkish authorities regarded the emigrants as representatives of European civilization and appointed scholars like Erich Auerbach to prestigious academic positions that were vital for redefining the humanities in Turkey. This article explores the country's twofold assimilationist policies. On the one hand, Turkey required of its citizens—regardless of ethnic or religious origins—that they conform to a unified Turkish culture; on the other hand, an equally assimilationist modernization project was designed to achieve cultural recognition from the heart of Europe. By linking historical and contemporary discourses, this article shows how tropes of Jewishness have played—and continue to play—a critical role in the conception of Turkish nationhood. The status of Erich Auerbach, Chair of the Faculty for Western Languages and Literatures at İstanbul University from 1936 to 1947, is central to this investigation into the place of Turkish and German Jews in modern Turkey.


Proglas ◽  
2020 ◽  
Vol 29 (2) ◽  
Author(s):  
Anton Getsov ◽  
◽  
◽  

The paper is part of a series of publications that set out to examine various aspects in the analysis of appositive constructions. The purpose of this particular study is to reveal the multidimensional, diverse, and complex interaction between three types of syntactic relations – attributive, predicative, and appositive. The study offers a critical review of various theories on the status of the grammatical relation between the components of non-detached (close) appositive constructions. The main argument of this paper is that determining this status, on the one hand, is a function of the morphological and semantic characteristics of the components of the construction, while, on the other hand, it determines their syntactic status.


Author(s):  
Anne Knudsen

Anne Knudsen: The Century of Zoophilia Taking as her point of departure the protests against a dying child having his last wish fulfilled because his wish was to kill a bear, the author argues that animals have achieved a higher moral status than that of humans during the 20th century. The status of animals (and of “nature”) is seen as a consequence of their muteness which on the one hånd makes it impossible for animals to lie, and which on the other hånd allows humans to imagine what animals would say, if they spoke. The development toward zoophilia is explained as a a logical consequence of the cultural naturalisation of humans, and the author draws the conclusion that we may end up entirely without animals as a category. This hypothetical situation will lead to juridical as well as philosophical complications.


2020 ◽  
Vol 10 (1) ◽  
pp. 29-51
Author(s):  
Fariz Alnizar ◽  
Achmad Munjid

Some Islamic movements in Indonesia make the fatwas issued by the MUI as a reference for their actions. They recently found their momentum after the defence movements called 411 and 212. The proponents of the movements called themselves as Gerakan Nasional Pengawal Fatwa Majelis Ulama Indonesia (GNPF-MUI/The National Movement of Guardian of Fatwa of the Indonesian Ulema Council). Employing a qualitative approach coupled with historical-causal paradigm this article examines the main question: Do the proponents of these movements substantially understand the fatwas they defend? The results of the research show that the fatwas have a dilemmatic position. On the one hand, there have been movements which insist on making the fatwas as “sacred opinion” that must be protected and guarded. On the other hand, people do not substantially comprehend the fatwas they defend. This problem has been caused, among others, by the cultural basis of the Indonesian society which put more preference on orality than literality or, explicitly, written tradition.


2021 ◽  
Author(s):  
◽  
Samuele Tonello

<p>This thesis in divided in two main parts. First, I develop the claim that current democracies are unable to properly defend what I deem the pivotal feature to evaluate the quality of a political system - namely the people’s liberty - due to what I call a twofold democratic dilemma. On the one hand, common citizens are affected by biases that compromise their ability to successfully maintain forms of self-government. On the other hand, even representative forms of democracy that limit to a certain degree the people’s power are threatened by an oligarchic power. That is, oligarchs are using their wealth power to sway governments towards pursuing oligarchic interests rather than common ones, thus hindering the people’s liberty. For this reason, I argue that we ought to rely on Pettit’s view of liberty as non-domination to resolve the democratic dilemma. The thesis conceives these two threats as two forms of domination that must be avoided and focuses on adding a supplementary editorial and contestatory dimension of democracy to the classical participatory one. Republicanism could offer a solution to both sides of the dilemma. On the one hand, citizens’ political task would be more compatible with the people’s biases, since citizens would limit their participation to control that government’s policies do not entail oligarchic domination. On the other hand, framing liberty as a battle between dominating masters and dominated slaves, republicanism could offer the many the institutional means to counteract elites’ political domination. In this way, I conclude the first part of the thesis, but this opens the gates to the main question of the thesis, namely to how we should structure this contestatory democracy. The problem is that whereas republican scholars agree on the importance of setting freedom as non-domination at the basis of our political systems, there is no such agreement on the best way to institutionally enhance the republican ideal. I analyse this debate, maintaining that while Pettitt’s ideal is the view to pursue, we should reject his editorial solution because small committees of experts are likely to increase oligarchic domination rather than to protect the people’s liberty. Rejecting Pettit’s model does not yet imply refusing any editorial model, since I argue that critical scholars mistakenly identify the editorial component of democracy with Pettit’s answer only. In this way, they neglect alternative solutions to Pettit’s, such as Bellamy’s and McCormick’s. Having explained that Bellamy’s solution does not resolve the democratic dilemma, since this scholar rejects editorial bodies, I argue that McCormick’s “Machiavellian Democracy” framed on a divided conception of the populace offers instead the solution I am looking for. Institutionally recognizing the social differences among the populace, we could create modern bodies similar to the Roman “Tribune of the Plebs” to offer the weaker part of the population a class-specific institution to use as defence from oligarchic domination. The problem is how to implement a modern “Tribune of the plebs” making sure that these bodies are effective but popular in character at the same time. I thus explain how modern editorial tribunates could work in practice, drawing from McCormick’s “thought experiment”. I agree with most of McCormick’s ideas – lottery selection, wealth threshold exclusion, large size tribunates, etc. - but I suggest that we must review some of his suggestions with features more concerned with improving the people’s knowledge – specialization, education selection, etc. Hence, I conclude the thesis describing my thought experiment of a system of Specialized Ministerial Tribunates. In this way, I argue that we could better resolve the democratic dilemma. On the one hand, tribunates’ editorship would be more specific and would not require members of the tribunate to analyse the operation of governments on a too broad spectrum, thus reducing the problems of the people’s biases. On the other hand, tribunates’ operation could be primarily connected to detecting oligarchic features in the policies enacted by single ministries, thus challenging more precisely any oligarchic influence over governments. In sum, I argue that an editorial dimension could produce significant improvements to the people’s liberty. Thanks to a modern “Tribune of the plebs”, citizens could participate more meaningfully in politics, while taming more efficiently the influence oligarchs have on how modern societies are politically directed.</p>


2021 ◽  
Author(s):  
◽  
Samuele Tonello

<p>This thesis in divided in two main parts. First, I develop the claim that current democracies are unable to properly defend what I deem the pivotal feature to evaluate the quality of a political system - namely the people’s liberty - due to what I call a twofold democratic dilemma. On the one hand, common citizens are affected by biases that compromise their ability to successfully maintain forms of self-government. On the other hand, even representative forms of democracy that limit to a certain degree the people’s power are threatened by an oligarchic power. That is, oligarchs are using their wealth power to sway governments towards pursuing oligarchic interests rather than common ones, thus hindering the people’s liberty. For this reason, I argue that we ought to rely on Pettit’s view of liberty as non-domination to resolve the democratic dilemma. The thesis conceives these two threats as two forms of domination that must be avoided and focuses on adding a supplementary editorial and contestatory dimension of democracy to the classical participatory one. Republicanism could offer a solution to both sides of the dilemma. On the one hand, citizens’ political task would be more compatible with the people’s biases, since citizens would limit their participation to control that government’s policies do not entail oligarchic domination. On the other hand, framing liberty as a battle between dominating masters and dominated slaves, republicanism could offer the many the institutional means to counteract elites’ political domination. In this way, I conclude the first part of the thesis, but this opens the gates to the main question of the thesis, namely to how we should structure this contestatory democracy. The problem is that whereas republican scholars agree on the importance of setting freedom as non-domination at the basis of our political systems, there is no such agreement on the best way to institutionally enhance the republican ideal. I analyse this debate, maintaining that while Pettitt’s ideal is the view to pursue, we should reject his editorial solution because small committees of experts are likely to increase oligarchic domination rather than to protect the people’s liberty. Rejecting Pettit’s model does not yet imply refusing any editorial model, since I argue that critical scholars mistakenly identify the editorial component of democracy with Pettit’s answer only. In this way, they neglect alternative solutions to Pettit’s, such as Bellamy’s and McCormick’s. Having explained that Bellamy’s solution does not resolve the democratic dilemma, since this scholar rejects editorial bodies, I argue that McCormick’s “Machiavellian Democracy” framed on a divided conception of the populace offers instead the solution I am looking for. Institutionally recognizing the social differences among the populace, we could create modern bodies similar to the Roman “Tribune of the Plebs” to offer the weaker part of the population a class-specific institution to use as defence from oligarchic domination. The problem is how to implement a modern “Tribune of the plebs” making sure that these bodies are effective but popular in character at the same time. I thus explain how modern editorial tribunates could work in practice, drawing from McCormick’s “thought experiment”. I agree with most of McCormick’s ideas – lottery selection, wealth threshold exclusion, large size tribunates, etc. - but I suggest that we must review some of his suggestions with features more concerned with improving the people’s knowledge – specialization, education selection, etc. Hence, I conclude the thesis describing my thought experiment of a system of Specialized Ministerial Tribunates. In this way, I argue that we could better resolve the democratic dilemma. On the one hand, tribunates’ editorship would be more specific and would not require members of the tribunate to analyse the operation of governments on a too broad spectrum, thus reducing the problems of the people’s biases. On the other hand, tribunates’ operation could be primarily connected to detecting oligarchic features in the policies enacted by single ministries, thus challenging more precisely any oligarchic influence over governments. In sum, I argue that an editorial dimension could produce significant improvements to the people’s liberty. Thanks to a modern “Tribune of the plebs”, citizens could participate more meaningfully in politics, while taming more efficiently the influence oligarchs have on how modern societies are politically directed.</p>


2014 ◽  
Vol 1 (2) ◽  
Author(s):  
Jean-Louis Quantin

AbstractIn seventeenth-century religious discourse, the status of solitude was deeply ambivalent: on the one hand, solitude was valued as a setting and preparation for self-knowledge and meditation; on the other hand, it had negative associations with singularity, pride and even schism. The ambiguity of solitude reflected a crucial tension between the temptation to withdraw from contemporary society, as hopelessly corrupt, and endeavours to reform it. Ecclesiastical movements which stood at the margins of confessional orthodoxies, such as Jansenism (especially in its moral dimension of Rigorism), Puritanism and Pietism, targeted individual conscience but also worked at controlling and disciplining popular behaviour. They may be understood as attempts to pursue simultaneously withdrawal and engagement.


Antiquity ◽  
1941 ◽  
Vol 15 (60) ◽  
pp. 371-381 ◽  
Author(s):  
Colin Matheson

The rabbit shares one characteristic with the archaeologist—both dig into the earth. Hence the latter, contemplating some object or evidence revealed by his spade, may sometimes be viewing merely the result of the activities of a humbler but much more numerous type of excavator. Is he not warned to ‘always make sure that an apparent post-hole is not a rabbit- or rat-hole’? And does not Professor James Ritchie describe the rabbit as ‘a burrower and a vandal which makes short cuts through the neat layers and classifications of the excavator’? On the other hand, the rabbit's activity or lack of it may on occasion be of service; it was a long patch of virgin turf on Easton Down, untouched by rabbits or moles, which led Dr Stone in 1932 to remove the turf, thus revealing a layer of tightly packed flint nodules covering a Bronze Age urn-field. Hence no apology, we feel, is needed for an article on the rabbit in a journal primarily concerned with archaeological research; particularly as much of the article deals with the status of the rabbit in medieval times, a topic which has already figured briefly in ANTIQUITY.


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