scholarly journals Definición jurídica de la familia en el derecho romano : legal definition of the family in roman law

Author(s):  
Mª Eva Fernández Baquero

A diferencia de las declaraciones genéricas de la actual legislación internacional que evita definir a la familia, en las fuentes jurídicas romanas contamos con definiciones de familia en los textos jurídicos. Ello otorgó a la sociedad romana dar la suficiente seguridad para consolidar los pilares fundamentales del Derecho de Familia en el Derecho Romano. Y es que, en Roma como en la actualidad, la familia –como institución jurídica– no fue inmutable, sufrió cambios importantes a lo largo de los siglos en función de las transformaciones políticas, sociales y culturales. Sin embargo, y a diferencia del Derecho actual, dichos cambios tuvieron siempre presente el contenido sustancial y jurídico de lo que implica la idea primordial de la familia pues, dichas definiciones jurídicas, sirvieron como punto de partida para encontrar nuevas soluciones.Unlike generic statements of current international legislation that avoid defining family, in Roman legal sources there are definitions of family in legal texts. This granted Roman society sufficient certainty to consolidate the fundamental pillars of family law in Roman law. And in Rome, as at the present, the family – as a legal institution – was not immutable, it suffered major changes over the centuries on the basis of the political, social and cultural transformations. However, and contrary to current law, changes always had present substantial and legal content of what the primary idea of family was because such legal definitions served as a starting point to finding new solutions.

2017 ◽  
Vol 7 (3) ◽  
pp. 155-171
Author(s):  
Mojca Kovač Šebart ◽  
Roman Kuhar

The article takes as its starting point the public debate about the newly proposed Family Code in Slovenia in 2009. Inter alia, the Code introduced a new, inclusive definition of the family in accordance with the contemporary pluralisation of family life. This raised a number of questions about how – if at all – various families are addressed in the process of preschooleducation in public preschools in Slovenia. We maintain that the family is the child’s most important frame of reference. It is therefore necessary for the preschool community to respect family plurality and treat it as such in everyday life and work. In addition, preschool teachers and preschool teacher assistants are bound by the formal framework and the current curriculum, which specifies that children in preschools must be acquainted with various forms of families and family communities. This also implies that parents – despite their right to educate their children in accordance with their religious and philosophical convictions – have no right to interfere in the educational process and insist on their particular values, such as the demand that some family forms remain unmentioned.


2020 ◽  
Vol 24 (3) ◽  
pp. 252-265 ◽  
Author(s):  
Ásgeir Tryggvason

In recent years, an agonistic approach to citizenship education has been put forward as a way of educating democratic citizens. Claudia W. Ruitenberg (2009) has developed such an approach and takes her starting point in Chantal Mouffe’s agonistic theory. Ruitenberg highlights how political emotions and political disputes can be seen as central for a vibrant democratic citizenship education. The aim of this paper is to critically explore and further develop the concepts of political emotions and political disputes as central components of an agonistic approach. In order to do this, I return to Mouffe’s point of departure in the concept of the political. By drawing on Michael Marder’s (2010) notion of enmity, I suggest how “the presence of the other” can be seen as a vital aspect of the political in citizenship education. By not abandoning the concept of enmity, and with the notion of presence in the foreground, I argue that Ruitenberg’s definition of political emotions needs to be formulated in a way that includes emotions revolving around one’s own existence as a political being. Moreover, I argue that in order to further develop the agonistic approach, the emphasis on the verbalization of opinions in political disputes needs to be relaxed, as it limits the political dimension in education and excludes crucial political practices, such as exodus.


Author(s):  
Maruska la Cour Mosegaard

In Denmark same sex parenthood is a highly controversial topic. Taking this controversy as a point of departure the article discusses kinship as a negotiated and politicised field. While homosexual men are increasingly becoming fathers and parents, their fatherhood is still surrounded with silence in political debates, which focus mainly on lesbian motherhood. By exploring how notions of kinship, gender and sexuality are intersected in the political debates regarding homosexuals’ access to parenthood, the article explores this apparent invisibility of homosexual fathers. The political debates provide a window on the contemporary negotiation of kinship ties and obligations, and touch upon the boundaries of “the family”. The article concludes that the silence surrounding homosexual fathers is a question of both their (homo)sexuality and their gender. Both homosexual men and women have difficulties in access to parenthood and are excluded from the definition of family contained in Danish law, because they cannot uphold the notion of kinship as symbolized by heterosexual intercourse. In addition the wishes of fatherhood held by gay men are – because of their being men – ignored since parenthood in a Danish context still is synonymous with motherhood.  


2020 ◽  
pp. 64-73
Author(s):  
Alla KIRYK

The sources of Roman law, which played an important role in the formation of inheritance law as a legal institution, are studied. The definition of the term «will», which was first formed by the Roman lawyer Ulpian, is considered. The origin of the word «guarantee» is studied and its interpretation in different dictionaries is considered. It is established that guarantees play a crucial role, because only with the guarantee of rights can we count on their full and comprehensive use. It has been found that the issue of guarantees of heirs’ rights is given little attention among scholars. The opinions of scientists on the interpretation of the term guarantee of human rights and freedoms are analyzed, as well as approaches to understanding the nature of guarantees are identified. Researchers have found that there are different positions on the definition of «guarantee of rights». Based on the analyzed views of scientists, the main features of guarantees of human rights and freedoms are formed, which include: the state nature of guarantees; regulatory and legal consolidation of guarantees; universal and continuous nature of guarantees; is an indicator of the level of development of the national legal system; designed to protect and defend human and civil rights. The analysis of specific guarantees of the rights of relatives of the testator contained in the legislation of Ukraine is carried out. The most problematic provisions in inheritance law have been identified that affect the guarantee of the rights of heirs, including: provisions on the powers and organization of notaries; provisions on secret wills; provisions on the timing of acceptance of the inheritance. Based on the analysis of guarantees of the rights of heirs in the inheritance law of Ukraine, the main features of such guarantees are highlighted. The approaches to the separation of the category «guarantees of the rights of heirs» are generalized and the definition of such guarantees in a broad and narrow sense is given.


Ikonotheka ◽  
2017 ◽  
Vol 26 ◽  
pp. 213-238
Author(s):  
Kamila Leśniak

The exhibition entitled The Family of Man, which was designed by Edward Steichen and presented for the fi rst time in 1955 at the Museum of Modern Art in New York, belongs to the most famous and most controversial photographic expositions of the 20th century. Usually perceived in the light of the anachronistic, West-centric vision of humanism, i.e. as an embodiment of Modernist views on photography, it constitutes a good example of the museum’s infl uence as a Modernist “social instrument”. However, contemporary theories in exhibition studies offer a more complex interpretation. The present work provides insight into this process by referring to the views of Mieke Bal (on the “cinematic effect” of photographic exhibitions, the narrative and relational aspect of expositions), Fred Turner (on the space of an avant-garde exhibition as the realisation of the political and social idea of a “democratic personality”) and Ariella Azoulay (on exhibition space as a “visual declaration of human rights” and the fi eld for a “photographic social contract”). The primary aim of the present article is to set The Family of Man within the framework of Polish exhibition practices. The complex origins of the American project can be traced back to avant-garde experiments with exhibition space conducted in the Bauhaus movement and in Soviet Constructivism (the psychology of perception, “photo-murals”); the analysis focuses on the political and propagandistic aspects. An analysis of the above issues provides the starting point for considering the signifi cance and probable reception of the exhibition’s spatial arrangement in the milieu of Polish architects and designers as well as its Polish variant as prepared by Stanisław Zamecznik and Wojciech Fangor. It was therefore useful to refer to Oskar Hansen and his theory of Open Form, as he cooperated with Zamecznik and Fangor at the time. Models of avant-garde and Modernist “utopian thinking” are juxtaposed, thus making it possible to perceive the process of reception in the light of its effectiveness. The article also discusses The Family of Man as a model for projects with propaganda undertones, i.e. the so-called “problem-oriented exhibitions”. It mentions attempts at adapting Steichen’s design of exhibition space to the needs of the offi cial narrative in the People’s Republic of Poland. Finally, it uncovers the ambivalent nature of the infl uence of The Family of Man and the dual status of the exhibition as both a propagandistic project and as an anti-systemic space supporting the ideal of a creative, free individual.


Author(s):  
Tommaso Begio

This chapter deals with the role of legal epigraphy within the study of Roman law and Roman society. After an introductory definition of this discipline, in which some of its peculiarities are stressed, it follows a brief description of the different types of epigraphic legal documents, to finish then with a florilegium of this kind of documents. The aim of the work is to stress, through the analysis of a few sources (but not only through well-known sources), the essential contribution, that inscriptions offer us to gain a more complete and more nuanced view of the system of Roman law in all its complexity.


Antichthon ◽  
1989 ◽  
Vol 23 ◽  
pp. 10-41 ◽  
Author(s):  
Beryl Rawson

‘Illegitimacy has been called a social problem for the last two centuries and a moral problem from time immemorial’ (Laslett 1980: 1). Many studies of ancient Roman society have dwelt on morals, and many texts of Roman law give much detail on family law and the law of persons. By contrast with studies of modern law and society, however, there has been little focus on the ‘idea’ of illegitimacy in ancient Rome and no extended discussion of what was involved in being an illegitimate child in that society.


2018 ◽  
pp. 43-55
Author(s):  
Valentyna Bodak

Summary: The article is devoted to the problem of religious ritualism as a constituent and factor of family life in its past and present. The purpose of the article are the substantiation of religious rituals as values in the life of the family, the definition of its role through the prism of freedom of conscience and beliefs, the reflection of socio-cultural transformations of the relationship of religious rituals and family values in the unity of tradition and modernity. The use of the historical method in the work allowed us to determine the cultural-historical, civilizational circumstances that determine the content and structure of religious rituals in conjunction with the development of the family and family values in the unity of traditions and novtions. The scientific novelty of the work lies in the definition and justification of the unconditional value of the emotional-aesthetic atmosphere of the family and existential communication, which is achieved between members of the family community in the process and under the influence of religious ritual. Religious and ritual communication both within and outside the family is a process of exchange of certain feelings and knowledge of its members. This is only possible if the family members (in the system: parents – children – grandchildren), who make such communication, establish not only mutual understanding but also the unity of thought about the religious and emotional content of a ritual act, when the convictions of communicators coincide on the results of this spiritual activity recognized as values (ideas, thoughts, ideals, feelings, mood, etc.). By displaying such values with the help of symbolic means that affect the emotional and sensory sphere of both adults and younger family members, rituals stimulate the emergence and development of feelings, experiences and moods that meet these values. In communicative communication during the various ritual actions (joint daily prayers, reading prayer texts, funeral ceremonies, baptism, wedding, sanctification of housing, etc.), family members enter into a specific kind of relationship between themselves. The processes of their communication and relations are realized through such socio-psychological mechanisms as suggestion, persuasion, imitation and stereotyping. The shared experiences significant for family members in communication greatly contribute to their spiritual unity and rapprochement, the establishment and strengthening of internal and external relations (within and outside the family). The family as a social and, at the same time, the ritual community lives according to the laws of group psychology, which is characterized by strengthening of the mood in the feelings of "We". It is under the influence of jointly performed ritual that the formation and objectification of religious consciousness in the activity of the family and its members takes place as a connection of freedom and responsibility, holistic and partial, general and separate. The family and family religious ceremonies remain one of the most important values in human life and community. Appeal to the family traditions of religious culture allows us to find spiritual foundations for the further development of society in the modern post-industrial era. The prospect for further research is the justification from the point of view of religion of traditional family values and their socio-cultural transformations in the present.


2012 ◽  
Vol 45 (4) ◽  
pp. 535-549 ◽  
Author(s):  
JONATHAN HOGG

AbstractJournalistic representations of a suicide pact in 1957 encapsulated wider popular assumptions on, and anxieties over, nuclear technology. Through an exploration of British nuclear culture in the late 1950s, this article suggests that knowledge of nuclear danger disrupted broader conceptions of self, nationhood and existence in British life. Building on Hecht's use of the term ‘nuclearity’, the article offers an alternative definition of the term whereby nuclearity is understood to mean the collection of assumptions held by individual citizens on the dangers of nuclear technology: assumptions that were rooted firmly in context and which circulated in, and were shaped by, national discourse. The article will argue that nuclearity was an active component in the formation of British identity by the late 1950s. The article is intended as a starting point for extended reflections on the ways in which nuclearity can add to our understanding of individual experience, nuclear anxiety and Cold War culture in post-war Britain.


Hawwa ◽  
2008 ◽  
Vol 6 (1) ◽  
pp. 52-74 ◽  
Author(s):  
Nathalie Bernard-Maugiron ◽  
Baudouin Dupret

AbstractIf the legal status of women wishing to end an unhappy marriage has undoubtedly improved through the codification process of personal status law in Egypt in the twentieth century, it still remains very unequal in comparison to the privileges enjoyed by men in that field. Moreover, the practical effects of these legal reforms can be questioned. This chapter will study marriage breakups in Egypt through both legal and sociological approaches. Legal texts governing family law will first be examined to expose the different ways marriage can be broken up and how the reforms were legitimated by reference to sharî'a principles. Then the various obstacles that impede the effective implementation of these reforms will be exposed, to stress that the study of law should capture the language of law in action and not only of law in books.


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