scholarly journals БОРЬБА ВИЗАНТИИ ЗА ПРАВО ВЛАДЕНИЯ ИТАЛИЕЙ: ИСТОРИКО-ЮРИДИЧЕСКАЯ ХАРАКТЕРИСТИКА ВОЙНЫ 541-552 гг.

2019 ◽  
Vol 3 (1-2) ◽  
pp. 65-104
Author(s):  
Виктор Мельник
Keyword(s):  
Roman Empire ◽  
Legal Status ◽  
Political Process ◽  
Political Orientation ◽  
Crime And Punishment ◽  
Personal Property ◽  
State Apparatus ◽  
Imperial Power ◽  
The Right ◽  
Military Campaign

Смена военно-политической принадлежности, часто практиковавшаяся в войне 541-552 гг., не выходила за рамки общепринятого политического процесса (учитывая провинциальный статус Италии в Византии, речь шла о процессе внутриполитическом). Знатью и солдатами руководила, прежде всего, жажда сохранить жизнь и занимаемое экономическое положение. Они не приносили присягу заново и не считались новобранцами. Они просто меняли политическую ориентацию, но не юридическую принадлежность. Эта тонкая грань, анализируемая в данной статье, хорошо видна в контексте второй итальянской военной кампании 541-552 гг., которую мы характеризуем как «борьбу Восточной Римской империи за право владения провинцией Италия». В любом случае, война 541-552 гг., по своему правовому положению, была гражданской войной внутри Римской империи, которая развивалась по типичной формуле «преступления и наказания». Сначала был факт неповиновения императорской власти, а затем последовало наказание и применение силы. Нарушение закона повлекло за собой санкцию государственного аппарата. Статья опровергает суверенный статус Остготской Италии в рассматриваемый период. Ключевые слова: Восточная Римская империя (Византия), личная собственность императора, византийская Италия, Юстиниан Великий, король Тотила, полководец Нарсес, правовой статус гражданской войны. THE STRUGGLE OF BYZANTIUM FOR THE RIGHT TO OWN ITALY: HISTORICAL AND LEGAL CHARACTERISTICS OF THE WAR IN 541-552 AD The change of military-political affiliation often practiced in the war of 541-552 AD, did not go beyond the generally accepted political process (given the provincial status of Italy in Byzantium, it was a domestic political process). The noblemen and soldiers were led, first of all, by a thirst to preserve life and economic position. They did not take the oath again and were not considered recruits. They simply changed their political orientation, but not their legal affiliation. This fine line, analyzed in this article, is visible in the context of the second Italian military campaign of 541-552 AD, which we characterize as the “struggle of the Eastern Roman Empire for the right to own the province of Italy”. In any case, the war of 541-552 AD, according to its legal status, was a civil war within the Roman Empire, which developed according to the typical formula of “crime and punishment”. At first, there was a fact of disobedience to imperial power, and then the punishment and the use of force followed. Violation of the law entailed the sanction of the state apparatus. The article refutes the sovereign status of Ostrogoth Italy in the period under review. Keywords: Eastern Roman Empire (Byzantium), Personal Property of the Emperor, Byzantine Italy, Justinian the Great, King Totila (Badulla), Commander Narses.

Explaining the Epigraphic Habit in the Roman Empire: The Evidence of Epitaphs

1990 ◽  
Vol 80 ◽  
pp. 74-96 ◽  
Author(s):  
Elizabeth A. Meyer
Keyword(s):  
Roman Empire ◽  
North Africa ◽  
Legal Status ◽  
The Third ◽  
The Right ◽  
Political Economic ◽  
Over Time

It is now notorious that the production of inscriptions in the Roman Empire was not constant over time, but rose over the first and second centuries A.D. and fell in the third. Ramsay MacMullen pointed this out more than five years ago, with conclusions more cautionary than explanatory: ‘history is not being written in the right way’, he said, for historians have deduced Rome's decline from evidence that–since it appears only epigraphically–has merely disappeared for its own reasons, or have sought general explanations of decline in theories political, economic, or even demographic in nature, none of which can, in turn, explain the disappearance of epigraphy itself. Why this epigraphic habit rose and fell MacMullen left open to question, although he did postulate control by a ‘sense of audience’. The purpose of this paper is to propose that this ‘sense of audience’ was not generalized or generic, but depended on a belief in the value of romanization, of which (as noted but not explained by MacMullen's article) the epigraphic habit is also a rough indicator. Epitaphs constitute the bulk of all provincial inscriptions and in form and number are (generally speaking) the consequence of a provincial imitation of characteristically Roman practices, an imitation that depended on the belief that Roman legal status and style were important, and that may indeed have ultimately depended, at least in North Africa, on the acquisition or prior possession of that status. Such status-based motivations for erecting an epitaph help to explain not only the chronological distribution of epitaphs but also the differences in the type and distribution of epitaphs in the western and eastern halves of the empire. They will be used here moreover to suggest an explanation for the epigraphic habit as a whole.

Christianity and Rome

2017 ◽  
Author(s):  
H. A. Drake
Keyword(s):  
Roman Empire ◽  
Power Relationships ◽  
Government Control ◽  
Roman Religion ◽  
Imperial Power ◽  
The Right ◽  
Religious Body

While Constantine’s conversion to Christianity changed the deity, it did not change the ideology of the Roman empire. Before Constantine’s relationship with Christianity, there was no religious body in the empire capable of providing a sanction for imperial rule similar to what a vote in the Roman Senate had been able to do. Roman religion was conducted by the same civic authorities who performed “secular duties”; the emperor as pontifex maximus could not credibly ratify himself. But over the centuries, Christians had developed an empire-wide organization completely independent of government control. As the new legitimators of imperial power, bishops demanded and got the right to pass judgment on emperors. The division was neatly framed with give and take on both sides; but from this perspective, the Christian turn to coercion is better analyzed as an outgrowth of power relationships than as the product of an inherent intolerance.

Justinian and the Freedom of the Sea

1925 ◽  
Vol 19 (4) ◽  
pp. 716-727 ◽  
Author(s):  
Percy Thomas Fenn
Keyword(s):  
Roman Empire ◽  
Legal Status ◽  
Legal Theory ◽  
Early Years ◽  
Second Century ◽  
Sixth Century ◽  
Written Form ◽  
The Common ◽  
The Right ◽  
Digest Of Justinian

The text of the jurist Marcianus, preserved in the Digest of Justinian, is the first formal pronouncement in recorded legal theory on the legal status of the sea and on the right of men to use the sea and its products. It is stated that the sea and its coasts are common to all men. Since Marcianus lived in the early years of the second century of the Christian era, it follows that this doctrine was known in a written form at least as early as the beginning of the second century. Since, further, Marcianus belonged to that class of jurists the official pronouncements of which were recognized as being statements of the law, it follows that the doctrine of the common right of all men to a free use of the sea was a law of the Roman Empire at the beginning of the second century, although this law was not put in a codified form until the sixth century.

scholarly journals Cognitive framing through political catchwords

2020 ◽  
Vol 14 (1) ◽  
pp. 89-103
Author(s):  
Suzana Jurin ◽  
Daniela Kružić
Keyword(s):  
Function Analysis ◽  
Political Process ◽  
Political Orientation ◽  
Text Structure ◽  
The Political ◽  
Parliamentary Election ◽  
Left Wing ◽  
The Right ◽  
Political Opinions ◽  
Cognitive Framing

The Croatian political scene is undergoing radical changes. Since the 2016 parliamentary election, the left-wing has gradually lost ground. One of the key roles in the political process is played by the media, which influence the voters and their choices. In this paper we analysed written texts collected during the 2016 election campaign. Among the most prominent Croatian newspapers the left-wing Novi list and the right-wing Večernji list are chosen as the focal publications. We conducted a text linguistic analysis of the political catchword (phrase, slogan) and its role in creating the political opinions of voters. The analysis provided data about the verbal, nonverbal and paraverbal text segments. These phenomena were abstracted as communicational-pragmatic and language-stylistic entities which are necessary for the successful cognitive framing of the political opinions of the public. In order to create and frame political opinions, the text producer uses subtle persuasive messages. Furthermore, at the content-related level of the text structure analysis, the communicative intention of the producer is shown, while the text function analysis shows the most common text indicators used to transmit the desired content and identifies a potential persuasive message “hidden” in the words. As a result, the number of catchwords published in line with each newspaper’s own political orientation is slightly higher than that of the other option, which shows that political neutrality is lacking in the Croatian media.

scholarly journals THE RIGHT TO A RAINBOW CITY: THE ITALIAN HOMOSEXUAL SOCIAL MOVEMENTS

2020 ◽  
Vol 4 (4) ◽  
pp. 69-86
Author(s):  
FABIO CORBISIERO ◽  
SALVATORE MONACO
Keyword(s):  
Social Movement ◽  
Social Inclusion ◽  
Legal Status ◽  
Political Process ◽  
Key Factors ◽  
The Social ◽  
Lgbt Community ◽  
Social Scene ◽  
Urban Contexts ◽  
The Right

Nowadays, the legal status of homosexual people varies widely from one country to another (ILGA 2019). In many contexts, the homosexual social movement has played a central role in fighting heterosexism and homophobia (Weinberg 1983). Especially in the democratic world, the homosexual social movement has been capable of spreading solidarity and inclusion and also of leading changes in regulatory terms, with different results context by context (Adam, Duyvendak, Krouwel 1999). The paper aims to point out the Italian situation and the main characteristics of the gay social movement in Italy as key factors of the social change. More specifically, the paper is aimed at recounting the political process and the symbolic and cultural factors that led the Italian homosexual social movement to impose itself on the social scene as a reality with its own specific identity. The paper’s last section analyses the so-called “Italian rainbow cities”, urban contexts where the LGBT community is highly concentrated and in which it is so active as to stimulate, in cooperation with the local urban administrations, capacity-building processes oriented to the construction and consolidation of LGBT people’s rights and social inclusion.

KINERJA APARATUR SIPIL NEGARA STUDI KASUS KANTOR KECAMATAN MOROTAI SELATAN KABUPATEN PULAU MOROTAI

2019 ◽  
Vol 4 (1) ◽  
pp. 8
Author(s):  
Ibnu Kanaha
Keyword(s):  
Work Performance ◽  
Working Hours ◽  
The South ◽  
Job Descriptions ◽  
Improve Performance ◽  
District Office ◽  
Use Of Time ◽  
State Apparatus ◽  
The Right ◽  
Depth Interviews

The purpose of this study was to determine the performance of employees (ASN) in the South Morotai District office. The form of this research is descriptive qualitative, with data collection techniques through observation and in-depth interviews with the subdistrict head, subdistrict head secretary, employees, and the community. This study concluded that employees at the South Morotai District Office were not disciplined in terms of time, both when they entered the office and after working hours. Employees are not able to make the best use of time to do productive work to improve performance. employees generally do not know and understand their respective fields of duty. The concept of the right man in the right place is not applied in the placement of employees. Performance evaluation of employees at the South Morotai District Office is difficult because of unclear job descriptions and division of tasks for the state apparatus. This causes the work performance is not measurable both in quality and quantity..

Slavery and Sexual Availability

2019 ◽  
pp. 626-644
Author(s):  
Jennifer A. Glancy
Keyword(s):  
Roman Empire ◽  
Social Status ◽  
Sexual Exploitation ◽  
Human Beings ◽  
Social Morality ◽  
Early Christian ◽  
Christian Communities ◽  
The Right

Any investigation of slavery in the Roman Empire must contend with the sexual exploitation of slaves endemic to the system. Given the diversity of ancient Christian attitudes toward sexuality, there is no reason to expect that a slaveholding ethos touched all Christian communities in a uniform fashion. At issue, however, is not whether the wider context of a slaveholding empire affected the formation of Christian attitudes toward sexuality. At issue is how. The purpose of this essay is to question whether early Christian silence on the issue should be construed as wholesale rejection of a system in which social status scripted social morality, or as complicity with that system. In the end, it is difficult to imagine how the churches could have challenged the right of a male slaveholder to exploit his domestic slaves sexually without challenging his right to claim ownership of other human beings.

From Property Rights to Liberty Rights: We the Corporations, A Review Essay

2021 ◽  
Vol 95 (2) ◽  
pp. 335-340
Author(s):  
Laura Phillips Sawyer
Keyword(s):  
Civil Rights ◽  
Civil Liberties ◽  
Political Process ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
State Action ◽  
Unequal Treatment ◽  
The People ◽  
The Right ◽  
We The People

A long-standing, and deeply controversial, question in constitutional law is whether or not the Constitution's protections for “persons” and “people” extend to corporations. Law professor Adam Winkler's We the Corporations chronicles the most important legal battles launched by corporations to “win their constitutional rights,” by which he means both civil rights against discriminatory state action and civil liberties enshrined in the Bill of Rights and the Constitution (p. xvii). Today, we think of the former as the right to be free from unequal treatment, often protected by statutory laws, and the latter as liberties that affect the ability to live one's life fully, such as the freedom of religion, speech, or association. The vim in Winkler's argument is that the court blurred this distinction when it applied liberty rights to nonprofit corporations and then, through a series of twentieth-century rulings, corporations were able to advance greater claims to liberty rights. Ultimately, those liberty rights have been employed to strike down significant bipartisan regulations, such as campaign finance laws, which were intended to advance democratic participation in the political process. At its core, this book asks, to what extent do “we the people” rule corporations and to what extent do they rule us?

theoretical and legal analysis of the position of the prosecutor’s office in the system of separation of powers

2021 ◽  
Author(s):  
Vladislav Topilin ◽  
Roman Fedorov
Keyword(s):  
Scientific Knowledge ◽  
Legal Status ◽  
Separation Of Powers ◽  
Executive Branch ◽  
The State ◽  
Legal Analysis ◽  
State Structure ◽  
Independent State ◽  
State Apparatus

The article is devoted to the problems of the legal status of the prosecutor’s office in the system of separation of powers. In the study, the author uses grammatical (philological, linguistic) logical, systematic and other methods of scientific knowledge. The author proposes to separate the prosecutor’s office into a separate (supervisory) branch of government, which will not belong to either the executive branch or the judicial branch, as a result of which the state will receive an independent state structure that will be able to exercise its supervisory functions independently of anyone, which will allow for better and faster suppression of possible violations by any branch of government, as well as improve the work of the state apparatus as a whole.

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