scholarly journals Herut and Eleutheria: Specifics of the Biblical Interpretation of Freedom

Idei ◽  
2020 ◽  
pp. 29-37
Author(s):  
Тетяна Мурга

The concept of “freedom” is one of the most defining in the European cultural and philosophical matrix. It is based on a synthesis of Judeo-Christian ideas, categories of Ancient philosophy and Roman law. An analysis of philosophical and historical sources suggests that this synthesis took place in the Christian sermon of an inner freedom, which is associated primarily with the epistles of Paul the Apostle. It is the paradox of Christian freedom, which is based on the recognition of universal sinfulness as a source of non-freedom, and overcoming it on the basis of love, is the basis for further philosophical transformations of this concept. This internal antinomy allowed the concept of “freedom” to take a central place in the hierarchy of Western social and legal values.

2020 ◽  
Vol 59 (89) ◽  
pp. 205-226
Author(s):  
Višnja Lachner ◽  
Jelena Kasap

Gratuitous contracts (bailments) are the most common legal affairs in everyday legal transactions. On the one hand, their informal nature that distinguishes them from other legal affairs facilitates their application; on the other hand, it complicates the legal position of the contracting parties in case of breach of contractual obligations. Liability for breach of contractual obligation equally affects both contracting parties: the creditor and the debtor. In accordance with the principle of utility, the debtor is a contracting party that benefits most from the conclusion of a gratuitous contract. However, the discussions about the creditor's obligations and the liability criteria have been quite rare ever since the development of the earliest legal systems. This is not surprising given the fact that the gratuitous contracts are, almost as a rule, concluded between friends and acquaintances, and marked by the trust of the contracting parties. The foundations of the privileged liability of creditors, both in Western European legal systems and in Croatian law, are based on Roman law principles, which have been entered into the modern law of obligations through reception of the ius commune legal norms. As the issue of creditors' liability in gratuitous contracts has not been sufficiently examined in the Croatian scientific literature, this research is aimed at exploring and establishing the legal grounds of liability of the lender (creditor), the depositor, and the donor in Croatian law, by analyzing and comparing the available historical sources of Croatian medieval law. In that context, the authors will also discuss in more detail the reasons for enacting the unique legal solutions contained in the Croatian Obligations Act.


2016 ◽  
Vol 15 (2) ◽  
pp. 99
Author(s):  
Marek Kuryłowicz

“Illotis Manibus”: Henryk Kupiszewski and the Contemporary Discussion of Roman Law in PolandSummaryIn his discussion of the significance of Roman law Henryk Kupiszewski referred to Gaius’ observation that the study of the lawcould not be conducted “with unwashed hands” (illotis manibus), viz.without a knowledge of the historical sources. In my opinion it is imperative to remind ourselves of this today, when some Polish scholarsof Roman law are criticising source studies and historical research onRoman law, and opting instead for modernity and a future examinedprimarily from the fuzzy perspective of decodification. In Prawo rzymskie a współczesność, his book on Roman law and the present times,Kupiszewski emphasised that the principal area of research on Romanlaw could take was still the examination of the work and achievementof the iurisprudentes, and that any other strategy would put it on thepath for self-destruction. Roman law studies are, of course facing new,contemporary problems. For instance, it has been observed that effectively the historical and legal awareness of today’s scholars of civil lawno longer encompasses Roman law. So we should be trying to preservethe connection of Roman law with the disciplines of positive law, andespecially making a concerted effort to work on a synthesis of Romanlaw as an introduction to contemporary private law. Furthermore, inour research we should take into consideration the close connectionbetween Roman law and other disciplines relating to antiquity – another point Kupiszewski made. We should also view the tradition ofRoman law as the common denominator in the European consensus onthe law. Hence the purposefulness of continuing the basic trend in thestudy of Roman law, from the aspect both of its ancient history and ofits European tradition and present-day manifestations.


Traditio ◽  
1955 ◽  
Vol 11 ◽  
pp. 37-63 ◽  
Author(s):  
Luitpold Wallach

An oath was sworn by Pope Leo III at St. Peter's on December 23 of the year 800 before a synodal assembly at which Charlemagne presided; it occupies a central place among the events that culminated, only two days later, in the coronation of the Frankish king as Imperator Romanorum. The document customarily known as the text of this ‘oath’ was in 1899 edited by Karl Hampe, and in 1906 by Albert Werminghoff, who followed his predecessor ad verbum usque, as he says. The apparatus of both editions establishes the insertion of a slightly reedited oath in the Decretum of Burchard of Worms. Ivo of Chartres and, in an apologetic treatise, Gerhoh of Reichersberg follow Burchard without major changes. The variants listed by Hampe and Werminghoff indicate that they both distinguished between the basic text of the oath in the oldest, ninth-century MS, Würzburg M. p. theol. fol. 46 (and its descendants, the Monacenses 6241 and 27246, saec. x-xi), and the oath's transmission by Burchard and the above-named authors who depend on Burchard. And Hampe assigns the twelfth-century Vaticanus 1348 to the Burchard tradition, when he says that its readings largely correspond with Burchard's (‘paene omnibus conveniunt Burchardi Wormat. decret. …’). Both scholars are fully conversant with the textual history of the document; they reprint in the notes the abbreviated version of the oath in Gratian's Decretum, and the text in a Roman Ordo which represents a version re-written in accordance with certain concepts of Roman law. The Burchard-tradition has been discussed in a recent study. Some of the changes made by Burchard in the original text of the oath are readily understandable. The variant in … conspectu, instead of in … basilica, probably resulted from a scribal dittography, because the same expression occurs in the oath of purgation in the lines preceding and following the correct reading. The variant adversum, instead of adversus, is an emendation of the original text. Burchard evidently recognized the resemblance between the original reading, ‘qualiter homines mali adversus me insurrexerunt and Psalm 53.5 ‘quoniam alieni insurrexerunt adversum me.’


2019 ◽  
pp. 231-242
Author(s):  
Bartosz Zalewski

According to art. 438 of the Polish Civil Code: “Whoever suffers a material loss, forcibly or even voluntarily, in order to prevent damage to another person or to avoid common danger, is entitled to claim compensation for the loss sustained, in suitable proportions, from people who benefitted from it.” This institution finds its origin in the lex Rhodia de iactu, known in roman law. The proposal to extend the rhodian rule to cases other than those related to the danger for the ship is the heritage of medieval school of glossators. however, the transposition of an institution adapted to the conditions of maritime transport to the contemporary law of obligations is associated with specific problems. This particularly applies to the new character of this institution. The analysis of historical sources indicates that it is a sui generis liability that cannot be attributed to tort liability or negotiorum gestio.


2020 ◽  
Vol 50 (2) ◽  
pp. e39481
Author(s):  
Silas Klein Cardoso

The article problematizes the use of different disciplines in the interpretation of the so-called “Biblical World.” Arguing that a first step towards the critical biblical interpretation is the decision of a framework on which sources and related disciplines work, it presents different methodological frameworks for the juxtaposition, intersection, transcendence, or avoidance of disciplines to favor the critical biblical interpretation. Ultimately, the article presents a taxonomy of historical sources to tentatively propose an antidisciplinary framework to fuel innovation by focusing the research object.


2017 ◽  
Vol 4 (1) ◽  
pp. 47 ◽  
Author(s):  
Marina Vokić Žužul ◽  
Božena Bulum

This paper presents the principal characteristics of the development of the law of the sea in the Mediterranean, from the initial historical sources to the Third UN Conference on the Law of the Sea (1982). A centuries-long process of creating that law, which applies to all seas, the authors analyzed through the prism of its application in the Mediterranean marine spaces ‒ from the time of the Roman law and its free use of the sea for all, the lordship over the sea by the feudal sovereigns (states) in the Middle Ages, until the first traces of the contemporary law of the sea in the 17th century and codification efforts in the 20th century. A special attention is paid to the complexity of the genesis of the legal regimes and boundaries in the Mediterranean Sea.


Author(s):  
Peter Temin

The quality of life for ordinary Roman citizens at the height of the Roman Empire probably was better than that of any other large group of people living before the Industrial Revolution. This book uses the tools of modern economics to show how trade, markets, and the Pax Romana were critical to ancient Rome's prosperity. The book argues that markets dominated the Roman economy. It traces how the Pax Romana encouraged trade around the Mediterranean, and how Roman law promoted commerce and banking. It further shows that a reasonably vibrant market for wheat extended throughout the empire, and suggests that the Antonine Plague may have been responsible for turning the stable prices of the early empire into the persistent inflation of the late. The book vividly describes how various markets operated in Roman times, from commodities and slaves to the buying and selling of land. Applying modern methods for evaluating economic growth to data culled from historical sources, the book argues that Roman Italy in the second century was as prosperous as the Dutch Republic in its golden age of the seventeenth century. The book reveals how economics can help us understand how the Roman Empire could have ruled seventy million people and endured for centuries.


2015 ◽  
Vol 30 (3) ◽  
pp. 353-385 ◽  
Author(s):  
John Witte ◽  
Justin J. Latterell

AbstractThis article analyzes the historical sources and forms of human rights in Western legal and Christian traditions, and it identifies key questions about the intersections of Christianity and human rights in modern contexts. The authors identify nine distinctions between different conceptions of rights correlating with at least four types of jural relationships, and they argue that leading historical accounts of human rights attribute “subjective” rights too narrowly to Enlightenment and post-Enlightenment legal thought. Earlier forms of classical Roman law and medieval canon law, and legal norms developed by Protestant reformers of the sixteenth and seventeenth centuries shaped Western human rights regimes in historically important ways, anticipating most of the rights formulation of modern liberals. In response to contemporary scholars who criticize human rights paradigms as inadequate or incompatible with Christian faith and practice, the authors argue that rights should remain a part of Christian moral, legal, and political discourse, and that Christians should remain a part of pluralistic public debates about the appropriate scope and substance of human rights protections.


2003 ◽  
Vol 9 (1) ◽  
pp. 2-11 ◽  
Author(s):  
Dexter Dunphy

ABSTRACTThis paper addresses the issue of corporate sustainability. It examines why achieving sustainability is becoming an increasingly vital issue for society and organisations, defines sustainability and then outlines a set of phases through which organisations can move to achieve increasing levels of sustainability. Case studies are presented of organisations at various phases indicating the benefits, for the organisation and its stakeholders, which can be made at each phase. Finally the paper argues that there is a marked contrast between the two competing philosophies of neo-conservatism (economic rationalism) and the emerging philosophy of sustainability. Management schools have been strongly influenced by economic rationalism, which underpins the traditional orthodoxies presented in such schools. Sustainability represents an urgent challenge for management schools to rethink these traditional orthodoxies and give sustainability a central place in the curriculum.


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