scholarly journals SPECIFICS OF THE LEGISLATIVE SYSTEM IN THE REIGN OF THE EMPEROR HADRIAN

Author(s):  
G.D. Gabarashvili

The reign of Hadrian (117-138 A.D.) is characterized by important changes in the legal system. This article examines the activities of Hadrian and his lawyers concerning the systematization of the edicts of the praetors and preparation of Edictum perpetuum, a key source for the further development of not only Roman, but also world law. In particular, extracts from the works of Salvius Julianus, Hadrian's leading lawyer, were included in Justinian's Digests. Hadrian's attempts to centralize legislative power in the hands of the Princeps are noted, on the one hand, and the weakening of the influence of lawyers, magistrates, and the Senate on the regulation of law, on the other. The changes in Roman law made by Hadrian, the improvement of the status of freedmen and slaves, and the destruction of the ancient Patriarchal family are indicated. The article analyzes the constitutions of the Princeps, their features and differences from the lawmaking of magistrates, and attempts to summarize the significance of the legislative policy of the Emperor Hadrian.

2015 ◽  
Vol 10 (1) ◽  
pp. 45-62 ◽  
Author(s):  
Charlotte Baines

This article addresses a research gap by analysing the way the Australian legal system is balancing the right to religious autonomy of organisations and the right of lgbti individuals not to be discriminated against, and considers what ought to be the case. I argue that the Australian legal system recognises the value of religious freedom on the one hand, and on the other hand, does not place a high priority on protecting it as an existing human right. My findings reveal that the Australian legal system is not always defining the religion and society relationship in ways that reflect the lived reality of religion in society. The issue is compounded by the wording of religious exemptions under anti-discrimination law which is contested within faith communities. As a consequence, religious freedom can be unfairly restricted. I conclude with recommendations to improve the status quo.


2017 ◽  
Vol 8 (2) ◽  
pp. 149
Author(s):  
Witold Borysiak

Protection of the Deceased’s Family Members in the Historical and Comparative PerspectiveSummaryAll of the contemporary legal systems provide special regulations which protect the deceased’s family members from order’s occurring in his will. Freedom of the testacy is one of the most important rules in the law of successions. Nevertheless it should have limits – the most common example of that situation exists when deceased’s orders omits entirely the members of his closest family.The origins of that protection could be found in the Roman Law. This legal system creates two types of protection – “counter-will formal succession” (previous in the Roman Law evolution) and “counter-will material succession”.According to the first one, testator has a duty to disinherit all of his sons (sui heredes) in the clear and precise words (exhereditatio nominatim). He should also disinherit all of the other members of his family (such as daughters or grandchildren); however he has possibility to do so in a general clause. His will would be overthrown if he has not disinherited members of his family. In that case entitled persons acquired the status of the heirs. This system gave no property rights to descendants of the deceased - they had only right to be an heir or to be disinherit (which was described in the rule that sui heredes should be set up as heirs or should be disinherit - sui heredes aut instituendi sunt aut exheredandi).According to the second type of protection if deceased did not gave part of his property (so called pars legitima) to the entitled persons they have a legal claim (querela inofficiosi testamenti) to declare his will void. On the ground of that regulation existed fiction that testator, who disinherit the members of his closed family, acting in the mental disorder (cum colore insaniae) and violates his father duties (action contra officium pietatis). Roman Law protects the entitled person also against all of the donationes (those performing during the live of testator and mortis causa donations) in which deceased try to evade statutory protection of his family members.


Author(s):  
Jenny Andersson

Alvin Toffler’s writings encapsulated many of the tensions of futurism: the way that futurology and futures studies oscillated between forms of utopianism and technocracy with global ambitions, and between new forms of activism, on the one hand, and emerging forms of consultancy and paid advice on the other. Paradoxically, in their desire to create new images of the future capable of providing exits from the status quo of the Cold War world, futurists reinvented the technologies of prediction that they had initially rejected, and put them at the basis of a new activity of futures advice. Consultancy was central to the field of futures studies from its inception. For futurists, consultancy was a form of militancy—a potentially world altering expertise that could bypass politics and also escaped the boring halls of academia.


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.


2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."


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.


Author(s):  
Olena Osadcha

The article deals with the development of the model of students’ independent work under conditions of distance learning. The importance of the research into this problem is determined, on the one hand, by the growing possibilities of using various information technologies and, on the other hand by the necessity to adapt to the conditions of today’s world where independent work of students is becoming increasingly important. The advantages and disadvantages of distance learning have been explored. The author studied the role of independent work in the formation of the professional competences of students. The issue of modeling in the area of education has been tackled. The approaches to the development of the model of independent work have been identified and analyzed. The components of the model, such as the goal, the tasks, the content, the methods, the means and evaluation of results have been determined and characterized. The prospects of further development of this research are related to the exploration of models of independent work of students majoring in different areas.


Adam alemi ◽  
2020 ◽  
Vol 4 (86) ◽  
pp. 123
Author(s):  
G. Solovieva

Ethical and aesthetic consciousness is considered in the article as a single phenomenon with a priority of the ethical component. The analysis is carried out in comparative studies of two methods: consideration of the topic in the mirror of modern literature of Kazakhstan as a form of public consciousness and study of the same problem in the mirror of sociological material. These approaches complement each other and make it possible to identify two levels of social consciousness in the ethical and aesthetic dimension: the existing and the due. Sociology enables analysis at the first level. Literature combines both the one and the other, emphasizing the level of due, transformation of reality and resolution of the indicated contradictions. As a result, it was found that the key construct of the ethical and aesthetic consciousness of Kazakhstanis is the idea of cohesion and unity of all ethnic groups with the leading role of the Kazakh people. This idea has the deepest moral meaning and at the same time has the status of beauty, i.e. character aesthetic. Discord is always ugly. Whereas, unity in its essence is beautiful, showing a combination of good and beauty.


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