The language of the Lübeck Law Codes Die Sprache der Statuten des lübischen Rechts (ca. 1224–1642)

2021 ◽  
Vol 150 (1) ◽  
pp. 84-102
Author(s):  
Albrecht Cordes

The workshop sets out to examine the contribution of merchants and their language to "The making of commercial law". We wanted to understand the influence of travelling merchants and changes of language, assuming that both factors have produced fertile soil for new concepts of commercial law. This paper intends to focus on the latter, the language changes, and chooses the written language of the Lübeck law as case study. Its oldest sources are in Latin, which is replaced by Low German in a slow process between 1250 and 1400, but the language of the central law books changes very suddenly between 1263 and 1267. In the 16th century High German established itself, and when the jurists of the 17th century wrote about the Ius lubecense Latin was in use again. Two questions shall be examined: Why did these language changes occur, and more importantly, how did the law change when expressed in the environment of a new language?<br/> All translation changes the content of the translated text to a certain degree, and this is especially true for translations of legal writings. The paper will study changes in the meaning of words and ask if certain languages were better adapted than others for expressing the complicated issues of commercial law. A few significant examples from the sources shall be scrutinized closely. Did the legal concepts and institutes, e.g.the technical terms of new contract types, travel together with the words denominating them? Which groups of legal texts were quick to change, which other ones were reluctant?<br/> The larger context of the text production is equally important. Who was able to master the old and the new language? Can we witness processes of professionalization? How did the horizon change once the new language was used? Who and where were the people one could now (no longer) communicate with? Im Rahmen einer Konferenz über die Wechselwirkungen zwischen Änderungen des Recht und der Sprache kam diesem Artikel die Aufgabe zu, die Sprachwechsel der Statuten des lübischen Rechts von den ältesten schriftlichen Zeugnissen um 1224 bis zum Kommentar zum lübischen Recht von David Mevius (1642/43) zu verfolgen. Die ältesten Quellen sind lateinisch. Doch bereits zwischen 1263 und 1267, sozusagen von einem Tag auf den anderen, wechselte der Rat für gut 300 Jahre zum Niederdeutschen. Das erneuerte Stadtrecht von 1586 wurde dann in der hochdeutschen Fassung in Kraft gesetzt, und als die Juristen im 17. Jh. sich des Gegenstands annahmen, taten sie das wieder auf Latein. Es geht um zwei Fragen: Warum erfolgten diese Sprachwechsel, und wie änderte sich das Recht durch den Transfer in ein neues sprachliches Umfeld?

2008 ◽  
Vol 19 (1) ◽  
pp. 39-56 ◽  
Author(s):  
Joe Isaac

The Howard Government, supported by the Labor Opposition, legislated in 2007 to enable small businesses to engage in collective bargaining with large businesses under the Trade Practices Act. The object of the legislation is to facilitate greater equality in the bargaining power of the parties. Except where the small business sells goods/commodities rather than a service, a person who is ‘employed’ and the business that provides a ‘service’ are both effectively involved in the sale of labour or in the performance of work in the labour market. However, the legal concepts and procedures relating to collective bargaining in these two types of labour transactions are different. One, the ‘employment’ of persons, is placed in the category of workplace relations operating through labour law; the other, the ‘sale of services', is viewed as a commercial transaction, dealt with through commercial law. This paper considers the question of whether there are sufficiently significant differences between these labour/service transactions as to justify the application of two separate sets of laws to deal with them — one to cover transactions between employers and employees, and the other to cover transactions between small and large businesses. A case study will be used to illustrate the involved and unsatisfactory approach of the commercial law route in determining what is in essence a labour transaction rather than a commodity transaction.


2020 ◽  
Vol 4 (2) ◽  
pp. 229
Author(s):  
Muhammad Eko Atmojo ◽  
Helen Dian Fridayani

Kulon Progo Regency is one of the districts that has many innovations, one of which is community empowerment in collaboration with a modern shop abbreviated as the shop name owned by the people (tomira). This research was motivated by the achievements of the Kulon Progo district government in carrying out development and innovation in the development of the Kulon Progo region by fully involving the Kulon Progo district community through community empowerment. This initiative was taken by the government of Kulon Progo Regency to improve community empowerment and protect the people of Kulon Progo Regency from various economic threats. Considering that in the past few years many modern shops have mushroomed in each district/city, so this is what makes Kulon Progo Regency move quickly to empower the community by collaborating between MSMEs or cooperative with modern shops. This study uses a qualitative method which case study approach. With the empowerment that has been done, the original products of Kulon Progo Regency or local products can be traded in modern stores so that local products in Kulon Progo Regency can compete with national products in these modern stores. The existence of such cooperation will indirectly improve the image of Kulon Progo Regency and lift the original products of Kulon Progo Regency. The lifting of the original products of Kulon Progo Regency will have a positive impact on the community, where indirectly the economy of the community will increase so that there will be prosperity for the community. Kabupaten Kulon Progo adalah salah satu kabupaten yang memiliki banyak inovasi, salah satunya adalah pemberdayaan masyarakat bekerja sama dengan toko modern disingkat nama toko yang dimiliki oleh masyarakat (tomira). Penelitian ini dilatarbelakangi oleh pencapaian pemerintah kabupaten Kulon Progo dalam melakukan pengembangan dan inovasi dalam pengembangan wilayah Kulon Progo dengan melibatkan sepenuhnya masyarakat kabupaten Kulon Progo melalui pemberdayaan masyarakat. Inisiatif ini diambil oleh pemerintah Kabupaten Kulon Progo untuk meningkatkan pemberdayaan masyarakat dan melindungi masyarakat Kabupaten Kulon Progo dari berbagai ancaman ekonomi. Menimbang bahwa dalam beberapa tahun terakhir banyak toko-toko modern telah menjamur di setiap kabupaten/kota, jadi inilah yang membuat Kabupaten Kulon Progo bergerak cepat untuk memberdayakan masyarakat dengan berkolaborasi antara UMKM atau bekerjasama dengan toko-toko modern. Penelitian ini menggunakan metode penelitian kualitatif dengan pendekatan studi kasus, dengan metode yang digunakan adalah dokumentasi. Dengan pemberdayaan yang telah dilakukan, produk asli Kabupaten Kulon Progo atau produk lokal dapat diperdagangkan di toko modern sehingga produk lokal di Kabupaten Kulon Progo dapat bersaing dengan produk nasional di toko modern ini. Adanya kerjasama tersebut secara tidak langsung akan meningkatkan citra Kabupaten Kulon Progo dan mengangkat produk asli Kabupaten Kulon Progo. Pencabutan produk asli Kabupaten Kulon Progo akan berdampak positif bagi masyarakat, di mana secara tidak langsung perekonomian masyarakat akan meningkat sehingga akan ada kesejahteraan bagi masyarakat.


ABSTRACT The study analyses the socio-economic status, degree of income inequality and perceived socio-economic conditions of the fish farmers of the four districts of Sikkim. A total sample size of 200 fish farmers was selected from the four districts depending upon the presence of the number of farmers in each district. Purposive random sampling method was used and the results were analysed from descriptive statistics such as frequency count and percentages. The degree of income inequality was analysed through Gini coefficients. The factors that determined the perceived socio-economic living conditions were analysed with a logistic regression model. The socio-economic status of the people was found to be in good condition and there were not many variations among the fish farmers of different districts. Most of the respondents had pucca houses with the combination of firewood and LPG as a source of cooking fuel and also had access to basic amenities like electricity, drinking water and sanitation facilities in the households. The study also found that income inequality was not so severe amongst the fish farmers of the three districts except for the East district which had the strongest income inequality. The per capita income, housing condition and ratio of above primary education to total members had a significant impact on the perceived living conditions of the fish farmers. Keywords


2019 ◽  
Vol 2 (2) ◽  
pp. 27-37
Author(s):  
Dwi Putri Agustini

The present phenomenon has clearly brought a change and the influence of the development of traditional music in Palembang society, if this is not carefully addressed, it will experience a shift, alienation and even lose its supporters. The rejung pesirah music group is one of the music groups that still maintains traditional arts in the people of Palembang. This study examines how the adaptation strategy of the rejung pesirah music group in dealing with changes and developments in Palembang society. For this reason, the approach used is cultural anthropology with qualitative case study research methods in Palembang. Data collection is done through observation, interviews and document studies that use triangulation techniques as the validation of the data, while for data analysis through content analysis and interactive models. The results showed that the adaptation strategy undertaken by the rejung pesirah music group was an act and creative ability and had a positive mindset, understanding in responding to changes and needs as an impulse to develop in the face of environmental change and development through learning processes and cultural modification, which resulted a creativity that is the creation of songs, musical arrangements, and musical instruments in the rejung pesirah music group.


Music Theory operates with a host of technical terms for concepts that appear straightforward but that conceal layers of complexity. This collection uncovers some of the richness and intricacy of these terms. Using a range of methods, from philosophical and historical contextualizations to cognitive and systematic approaches, and across a range of repertories, these essays aim to convey a fuller understanding of the terms music theorists employ every day in teaching and research. In so doing, the collection provides a panoramic view of the contemporary music-theoretical landscape, offering new perspectives on established concepts, seeking to expanding their purview to new repertories, and adding new concepts to the theorist’s toolkit. Taken as a whole, the concepts collected in this volume spotlight some of the guiding questions of music theory as it is currently practiced in the English-speaking world; they seek to broaden its foundational conversations to underline the ways in which music theory itself is evolving.


Religions ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 121
Author(s):  
Tiasa Basu Roy

For centuries, various denominations of Christian missionaries have contributed in a larger way towards the spread of Christianity among the people of Indian sub-continent. Each Church had its own principles of preaching the word of God and undertook welfare activities in and around the mission-stations. From establishing schools to providing medical aids, the Christian missionaries were involved in constant perseverance to improve the ‘indigenous’ societies not only in terms of amenities and opportunities, but also in spiritual aspects. Despite conversion being the prime motive, every Mission prepared ground on which their undertakings found meanings and made an impact over people’s lives. These endeavours, combining missiological and theological discourses, brought hope and success to the missionaries, and in our case study, the Basel Mission added to the history of the Christian Mission while operating in the coastal and hilly districts of Kerala during the 19th and the 20th centuries. Predominantly following the trait of Pietism, the Basel Mission emphasised practical matters more than doctrine, which was evident in the Mission activities among the Thiyyas and the Badagas of Malabar and Nilgiris, respectively. Along with addressing issues like the caste system and spreading education in the ‘backward’ regions, the most remarkable contribution of the Basel Mission established the ‘prototype’ of industries which was part of the ‘praxis practice’ model. It aimed at self-sufficiency and provided a livelihood for a number of people who otherwise had no honourable means of subsistence. Moreover, conversion in Kerala was a combination of ‘self-transformation’ and active participation which resulted in ‘enculturation’ and inception of ‘modernity’ in the region. Finally, this article shows that works of the Basel Mission weaved together its theological and missiological ideologies which determined its exclusivity as a Church denomination.


2019 ◽  
Vol 2 (1) ◽  
pp. 96-107
Author(s):  
Arnaud Parent

AbstractIn the Commonwealth of the Two Nations, significant legal texts were implemented under the rule of King Stanislaw August, the most important being the Constitution of May 3, 1791, adopted during the Four-Year Sejm (1788-1792). Its framers faced numerous challenges, first, because then only nobles were considered as constituting the Republic, one was to define who should be considered as a member of the People, who could be elected deputy to the Sejm, and at which condition. Second, since the 1569 Union of Lublin the Commonwealth is made of two distinct states: Poland (the Crown) and the Grand-Duchy of Lithuania, drafters had to handle Lithuanian statehood in a Constitution, which was primarily seen as a way to enhance unification of the two nations. Third, the Grand-Duchy of Lithuania having its own legislation, enclosed in the Lithuanian statute, (adopted in 1529, followed with a Second Statute in 1566, and a Third Statute in 1588), the question of its maintaining or not too had to be taken into consideration by framers. We hope that considering how these different issues were handled will shed a new light on the permanence of Lithuanian laws and political tradition in the May 3 Constitution.


2020 ◽  
pp. 002198942097099
Author(s):  
Kit Dobson

This article considers ways in which solidarity across social locations might play a role in fostering resistance to vulnerability. My case study consists of the interplay between writer George Ryga’s 1967 play The Ecstasy of Rita Joe, and Okanagan Syilx writer and scholar Jeannette Armstrong’s 1985 novel Slash. While these important and compelling texts have received considerable critical attention, the relationship between them is less known. I am interested in the ways in which these works both hail and offer critique to one another. In the contemporary moment, in which questions of appropriation of voice have gained renewed urgency within Indigenous literary circles in Canada and beyond, the relationship between these texts speaks to a historical instance of appropriation, but also of complicated processes of alliance-building. These texts demonstrate how agency resides across multiple locations. I read Ryga’s Ecstasy in the context of Jeannette Armstrong’s engagement with the play within her novel Slash in order to witness the ways in which Ryga’s text, in the first instance, appropriates Indigenous voices into an anti-capitalist critique. In the second instance, I read these works in order to witness how they might simultaneously provide a compelling analysis of the vulnerability of the people who are the subject of both works. I compare the interplay between Armstrong and Ryga’s texts to contemporary debates around appropriation in order to argue for the historical and ongoing importance of these two works as precursors to the crucial interventions made by contemporary Indigenous critics and writers.


Sign in / Sign up

Export Citation Format

Share Document