Droit militaire romain tardif dans le code de Bavière

2021 ◽  
Author(s):  
Stefan Esders
Keyword(s):  
Border Region ◽  
Historical Background ◽  
Legal Texts ◽  
Eastern Border ◽  
Roman Military ◽  
Military Law ◽  
Military Discipline ◽  
Late Roman

This paper investigates the influence of late Roman military law on the Lex Baiuvariorum – a text, which served as the basis for the Merovingian kings’ organization of the Frankish kingdom’s eastern border-region as a ducatus or duchy. Particular considerations concerning the historical background of the Bavarian duchy’s formation will be addressed, after which provisions for the protection of the Bavarian dux or duke, largely as relates to treason and military discipline, will be investigated. By comparing sources for the Roman crimen laesae maiestatis and other legal texts of Roman military writers, it will be demonstrated that the provisions of the Bavarian law-code clearly bear the influence of Roman military law.

LATE ROMAN MILITARY EQUIPMENT CULTURE

2013 ◽  
Vol 8 (2) ◽  
pp. 461-492
Author(s):  
J. C. N. Coulston
Keyword(s):  
Iron Age ◽  
Military Equipment ◽  
History Of ◽  
Equipment Development ◽  
New Form ◽  
Roman Military ◽  
Cultural Components ◽  
Late Roman

The paper explores the cultural components of Late Roman military equipment through the examination of specific categories: waist belts, helmets, shields and weaponry. Hellenistic, Roman, Iron Age European, Mesopotamian- Iranian and Asiatic steppe nomad elements all played a part. The conclusion is that the whole history of Roman military equipment involved cultural inclusivity, and specifically that Late Roman equipment development was not some new form of ‘degeneration’ or ‘barbarisation’, but a positive acculturation.

RECREATING THE LATE ROMAN ARMY

2013 ◽  
Vol 8 (2) ◽  
pp. 523-567
Author(s):  
John Conyard
Keyword(s):  
Late Antiquity ◽  
Roman Army ◽  
Standard Work ◽  
Military Equipment ◽  
Roman Military ◽  
Insight Into ◽  
Late Roman

This paper attempts to give some insight into the role that Roman military reconstruction archaeology can play in the understanding of Roman military equipment from Late Antiquity. It can only provide a brief introduction to some of the equipment of the Late Roman army though, and Bishop and Coulston’s Roman Military Equipment, first published in 1993 (2nd ed., 2006), must remain the standard work.1 This contribution will chiefly aim to examine how items of equipment were made, and more importantly, to consider how they were used.

Sovereignty, Territoriality, and Law

2021 ◽  
pp. 71-120
Author(s):  
Manu Sehgal
Keyword(s):  
Coercive Force ◽  
South Asia ◽  
Colonial Rule ◽  
Legal Personality ◽  
Early Colonial ◽  
Military Conflicts ◽  
Sovereign Authority ◽  
Military Law ◽  
Military Discipline

This chapter seeks to analyze the changing meaning of ‘peace’ under an early colonial regime which was perpetually at war. ‘Peace’ in early colonial South Asia no longer meant the absence of conflict, but rather a period when problems of war assumed an urgent significance. From paying soldier’s arrears incurred during military conflicts to disciplining them in times when the Company state was not formally at war—‘peace’ was no longer the opposite of war. Rather it was the fleeting opportunity to re-tool the apparatus of colonial war-making. Conquest did not occur in a legal vacuum. This chapter analyses debates about military law and its significance for the early colonial regime’s claims to sovereign authority. Jurisdictional jockeying between competing sources of law went well beyond the need to maintain military discipline. Examining these debates opens up an unexplored world in which we can understand important questions relating to the territoriality of early colonial rule, the legal personality of the Company state and efforts to compare Britain’s garrisoning of Ireland with the organization of coercive force in South Asia.

Part III The Right to Justice, C Restrictions on Rules of Law Justified By Action to Combat Impunity, Principle 29 Restrictions on the Jurisdiction of Military Courts

2018 ◽  
Author(s):  
Aoláin Fionnuala Ní
Keyword(s):  
Human Rights ◽  
International Law ◽  
Theoretical Framework ◽  
Historical Background ◽  
Human Rights Violations ◽  
Humanitarian Law ◽  
Domestic Courts ◽  
Military Law ◽  
The Right ◽  
The Military

Principle 29 deals with restrictions on the jurisdiction of military courts. Under this Principle, the adjudication of human rights violations by military courts is explicitly excluded, and ordinary domestic courts are mandated as the only appropriate venue of judicial oversight. Nevertheless, military courts remain functionally important for the routine and uncontroversial deployment of military law consistent with international law. The chapter first provides a contextual and historical background on Principle 29 before discussing its theoretical framework and how military courts are used in various countries such as Ireland and Turkey. Issues arising when civilians find themselves within the jurisdiction of military courts are also examined, along with the difficulties of ensuring fair trials in military courts. This chapter shows that military courts, while certainly serving important functions within the military forces of states, remain subject to human rights and humanitarian law compliance.

Roman Military Law

1969 ◽  
Vol 74 (5) ◽  
pp. 1591
Author(s):  
T. Robert S. Broughton ◽  
C. E. Brand
Keyword(s):  
Roman Military ◽  
Military Law

Roman Military Law

1969 ◽  
Vol 63 (1) ◽  
pp. 26
Author(s):  
A. Arthur Schiller ◽  
C. E. Brand
Keyword(s):  
Roman Military ◽  
Military Law
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