scholarly journals A posztszocialista magánjogi kodifikációkról

2021 ◽  
Vol 4 (2) ◽  
pp. 7-25
Author(s):  
Lajos Vékás
Keyword(s):  
Social Background ◽  
Private Law ◽  
History Of ◽  
Dualistic Approach

The study analyses the post-socialist codes of private law. It evaluates them in the history of codification, presents their social background and contrasts the monistic and dualistic approach of codification.

Vim fieri veto: Apropos of a Recent Work

Antichthon ◽  
1972 ◽  
Vol 6 ◽  
pp. 63-73
Author(s):  
R.A. Bauman
Keyword(s):  
Recent Work ◽  
Political History ◽  
Social Background ◽  
Considerable Importance ◽  
The Political ◽  
Private Law ◽  
Basic Theme ◽  
History Of ◽  
The Law ◽  
Political Economic

Luigi Labruna makes a number of proposals, in his recent Vim fieri veto: alle radici di una ideologia, of considerable importance to both the legal and the political history of the later Republic. The basic theme of the work is the possessory interdict uti possidetis, but in furtherance of his avowed purpose of illuminating the juridical, political, economic and social background to this early possessory remedy the author moves freely and knowledgeably in a number of fields. It is well that it should be so. The delimitation of the boundaries of Roman private law in a purely juridical setting is and will always be an indispensable and rewarding discipline, but it is more and more coming to be realized that the law of a given society needs also to be seen in a wider ambit, not only for the better understanding of the law but also for the better understanding of the society. His successful application of this wider approach to the rather austere problems of the possessory interdicts marks Labruna’s work out as one of considerable significance and merit.

The Social Origins and Provenance of the English Bishops during the Reign of Edward II

1959 ◽  
Vol 9 ◽  
pp. 51-79
Author(s):  
K. Edwards
Keyword(s):  
Middle Ages ◽  
Social Background ◽  
Early Career ◽  
The Political ◽  
Social Origins ◽  
Political Activities ◽  
Edward Ii ◽  
The Social ◽  
Complete Study ◽  
History Of

During the last twenty or twenty-five years medieval historians have been much interested in the composition of the English episcopate. A number of studies of it have been published on periods ranging from the eleventh to the fifteenth and early sixteenth centuries. A further paper might well seem superfluous. My reason for offering one is that most previous writers have concentrated on analysing the professional circles from which the bishops were drawn, and suggesting the influences which their early careers as royal clerks, university masters and students, secular or regular clergy, may have had on their later work as bishops. They have shown comparatively little interest in their social background and provenance, except for those bishops who belonged to magnate families. Some years ago, when working on the political activities of Edward II's bishops, it seemed to me that social origins, family connexions and provenance might in a number of cases have had at least as much influence on a bishop's attitude to politics as his early career. I there fore collected information about the origins and provenance of these bishops. I now think that a rather more careful and complete study of this subject might throw further light not only on the political history of the reign, but on other problems connected with the character and work of the English episcopate. There is a general impression that in England in the later middle ages the bishops' ties with their dioceses were becoming less close, and that they were normally spending less time in diocesan work than their predecessors in the thirteenth century.

scholarly journals A History of Germanic Private Law

1923 ◽  
Vol 28 (3) ◽  
pp. 526
Author(s):  
H. D. Hazeltine ◽  
Rudolf Hebner ◽  
Francis S. Philbrick
Keyword(s):  
Private Law ◽  
History Of

Legal Fictions in Private Law

2022 ◽  
Author(s):  
Liron Shmilovits
Keyword(s):  
Legal System ◽  
Comprehensive Analysis ◽  
Private Law ◽  
History Of ◽  
The Law ◽  
Legal Fictions

Legal fictions are falsehoods that the law knowingly relies on. It is the most bizarre feature of our legal system; we know something is false, and we still assume it. But why do we rely on blatant falsehood? What are the implications of doing so? Should we continue to use fictions, and, if not, what is the alternative? Legal Fictions in Private Law answers these questions in an accessible and engaging manner, looking at the history of fictions, the theory of fictions, and current fictions from a practical perspective. It proposes a solution to what to do about fictions going forward, and how to decide whether they should be accepted or rejected. It addresses the latest literature and deals with the law in detail. This book is a comprehensive analysis of legal fictions in private law and a blueprint for reform.

The Social Background of Political Liberty in the Early Italian Renaissance

1960 ◽  
Vol 2 (4) ◽  
pp. 440-451
Author(s):  
Hans Baron
Keyword(s):  
Social Background ◽  
Italian Renaissance ◽  
13Th Century ◽  
The Public ◽  
Economic Class ◽  
The Social ◽  
History Of ◽  
Italian City ◽  
City States ◽  
Revolutionary Period

An attempt at a synopsis of Mr. Becker's and Mr. Hicks' findings requires an enlargement of focus. They have much in common in their approaches: both are sympathetic to reactions in Italian scholarship against a school which had conceived the history of the Italian city-states chiefly in terms of social clashes caused by antagonistic economic class interests. About 1900 that had been the perspective shared by most students. During the late 13th century (it was then argued), the half-chivalric magnati, owners of landed property, were replaced by the capitalistic merchants and industrialists of the arti maggiori; these, in turn, by the middle of the 14th century were followed by the artisans of the arti minori who, for a short revolutionary period in 1378, opened the door for the laborers of the great textile industries, the Ciompi. After class struggle had thus sapped the public spirit, Florence and other cities were ripe for the heavy, but pacifying hand of despotism.

scholarly journals THE ROLE OF PRIVATE LAW IN PROMOTING SOCIAL JUSTICE

Obiter ◽  
2021 ◽  
Vol 32 (1) ◽  
Author(s):  
Eltjo Schrage
Keyword(s):  
Legal History ◽  
International Study ◽  
Study Group ◽  
Private Law ◽  
International Study Group ◽  
Nelson Mandela ◽  
History Of ◽  
The Law ◽  
Metropolitan University ◽  
The University

The first contribution published in this edition is an abridged version of the inaugural lecture delivered by Professor Eltjo JH Schrage on 24 August 2009 in Port Elizabeth. The Faculty of Law is honoured that such an internationally esteemed jurist accepted the appointment as first Honorary Professor of the Faculty of Law in 2009. Prof Eltjo JH Schrage was born in Groningen. He studied law at the University of Groningen, where he obtained his doctorandus, a degree which is analogous to our master’s degree. In 1975 he defended his doctoral thesis entitled Libertas est facultas naturalis. Menselijke vrijheid in een tekst van de Romeinse jurist Florentinus (Human liberty in a text of the Roman jurist Florentinus). His academic career commenced in 1969 at the Free University, Amsterdam. In 1980 he was appointed as professor at the Free University in Roman Law and Legal History. In 1998 he became the director of the Paul Scholten Institute at the University of Amsterdam. Some of his other academic appointments include the following:• Chairperson: International Study Group on the Comparative Legal History of the Law of Restitution;• Chairperson: International Study Group on the Comparative Legal History of the Law of Torts;• Visiting Professor: University of Cape Town;• Visiting Fellow: Magdalen College, Oxford University as well as visiting professor at Oxford;• Visiting Professor: University of the North (now Limpopo) in Polokwane; and• Visiting Fellow: Trinity College, Cambridge University as well as visiting professor, Cambridge. Prof Schrage has published extensively in International journals in Dutch, English, German French, and Italian. He has edited, written and contributed to more than 30 books, and written more than 100 articles. He has been the supervisor of numerous doctoral students, including Prof Marita Carnelley of the University of KwaZulu-Natal and erstwhile member of the Faculty of Law, Nelson Mandela Metropolitan University and Prof André Mukheibir, Head of Department, Private Law of the Nelson Mandela Metropolitan University. He was also the promoter of the honorary doctorate awarded by the University of Amsterdam to the former chief justice of South Africa, Arthur Chaskalson in 2002. Prof Schrage has also acted as judge in the Amsterdam court since 1981. Prof Schrage is married to Anneke Buitenbos-Schrage and the couple have four children and one grandchild.

1. Introduction: Rome—A Historical Sketch

2020 ◽  
pp. 1-24
Author(s):  
Paul J. du Plessis
Keyword(s):  
Eighth Century ◽  
Archaic Period ◽  
Sixth Century ◽  
Roman Law ◽  
Classical Period ◽  
Private Law ◽  
Roman Society ◽  
History Of ◽  
Historical Sketch

This chapter provides a historical sketch of Rome. It has been written to provide a contextual basis for the study of Roman private law. The history of Rome is traditionally divided into three main periods based on the dominant constitutional structure in Roman society during these three periods. These are the Monarchy (eighth century bc–510 bc), Republic (509–27 bc), and Empire (27 bc–ad 565). Scholars of Roman law tend to refine this division even further. Thus, to the scholar of Roman law, the period from the founding of Rome in the eighth century bc–c. 250 bc is regarded as the ‘archaic’ period of Roman law. The period thereafter, from c. 250 bc–27 bc, is generally described as the ‘pre-classical period’ of Roman law.For scholars of Roman law, the ‘classical’ period, c. first three centuries AD, and the Justinianic period, c. sixth century AD, are the most important, owing to the compilation of ‘classical’ Roman law by order the Byzantine Emperor, Justinian, in the sixth century.

English Private Law, 1870—1920

1924 ◽  
Vol 2 (1) ◽  
pp. 19-36
Author(s):  
Frederick Pollock
Keyword(s):  
Private Law ◽  
History Of ◽  
English Law

The foundation of the Société de Législation Comparée, whose jubilee we are now celebrating, preceded by a few years, as it happened, the opening of a new epoch in' the history of English law.

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