VI. Enlightened Absolutism and legal culture in Portugal: Rise and decline of legal Pombalism in the 18th century (1769–1789)

2016 ◽  
Vol 133 (1) ◽  
pp. 296-364
Author(s):  
Alexander de Castro
Keyword(s):  
18Th Century ◽  
Good Reason ◽  
Legal Education ◽  
Legal Culture ◽  
Roman Law ◽  
Indelible Mark ◽  
Legal Reforms ◽  
Legal Science

Abstract In the mid-18th century, in the context of a growing monarchical activism during Pombal’s government, Portugal went through a period of reforms that pushed to deep changes in the national legal culture. The legal reforms encompassed three complementary phases: the reform of the legal sources system, performed by the so-called ‘Law of Good Reason’, the reform of legal education, and the reformulation of the set of fatherland laws. The purpose of these changes was to place the royal fatherland laws at the center of Portuguese legal science by promoting its application and theoretical elaboration, and marginalize Roman law. The reforms did not achieve everything they set out for, but left an indelible mark on Portuguese legal culture.

Academic Feud, Bloodfeud, and William Welwood: Legal Education in St Andrews, 1560–1611-Part I

1998 ◽  
Vol 2 (2) ◽  
pp. 158-179 ◽  
Author(s):  
John W Cairns
Keyword(s):  
Seventeenth Century ◽  
Sixteenth Century ◽  
Legal History ◽  
Legal Education ◽  
Civil Law ◽  
Legal Culture ◽  
Roman Law ◽  
Joint Meeting ◽  
Academic Education

This article, in earlier versions presented as a paper to the Edinburgh Roman Law Group on 10 December 1993 and to the joint meeting of the London Roman Law Group and London Legal History Seminar on 7 February 1997, addresses the puzzle of the end of law teaching in the Scottish universities at the start of the seventeenth century at the very time when there was strong pressure for the advocates of the Scots bar to have an academic education in Civil Law. It demonstrates that the answer is to be found in the life of William Welwood, the last Professor of Law in St Andrews, while making some general points about bloodfeud in Scotland, the legal culture of the sixteenth century, and the implications of this for Scottish legal history. It is in two parts, the second of which will appear in the next issue of the Edinburgh Law Review.

Legal Education and Legal Culture in Gaul during the Principate

2020 ◽  
pp. 462-485
Author(s):  
Matthijs Wibier
Keyword(s):  
Daily Life ◽  
Legal Education ◽  
Cultural Models ◽  
Legal Culture ◽  
Point Of View ◽  
Roman Law ◽  
The West ◽  
Roman Literature ◽  
Latin Language ◽  
Cultural Sphere

From a conceptual point of view, it has often been pointed out that education is a key way in which cultural models, expectations, and standards are disseminated. The pervasiveness and success of the Greek model known as enkyklios paideia have been amply charted for the Hellenistic and Imperial Periods. Similar developments have been traced in the context of Roman education and Latin literacy in the provinces, not least the West. However, these studies have focused primarily on—to use a contested term—acculturation in certain aspects of daily life as well as in terms of education in the Latin language and in Roman literature, while law has been largely left out. Part of the reason for this is no doubt the lack of much very direct evidence. Yet the evidence there is, in particular the paraphrase of Gaius’ Institutes known as the Fragmenta Augustodunensia (FA), has in fact been unduly marginalized. Accordingly, this chapter shows that, focusing on Autun and its cultural sphere, it is possible to piece together a picture of how students in Imperial Gaul were trained in the basics of Roman law.

scholarly journals OKRES DWUDZIESTOLECIA MIĘDZYWOJENNEGO A ROZWÓJ NAUKI PRAWA RZYMSKIEGO W POLSCE

2016 ◽  
Vol 11 (4) ◽  
pp. 161
Author(s):  
Bożena Czech-Jezierska
Keyword(s):  
Interwar Period ◽  
Legal System ◽  
Legal Education ◽  
Legal Culture ◽  
Scientific Discipline ◽  
Scientific Activity ◽  
University Education ◽  
Roman Law ◽  
Teaching Activity ◽  
The University

The Period of the Interwar Period – The Development of Roman Law StudiesSummary The interwar period was a historical stage that was full of events in a world of science. The scientific activity reflected patriotism at the time. The energy engaged by the Polish scholars in developing and popularizing all the fields of science seemed to be the energy engaged in rebuilding of Polish State. Despite the difficulties with building up a consistent legal system, the interwar period is said to be respectful to ancient legal culture and rules. Legal education and the place of Roman law in it were indicators of significant role of this science. At the same time they statued an excellent school of juridical thinking and introduction into the modern law. University education of jurists was held in the six universities in: Cracow, Lviv, Warsaw, Lublin, Vilnius and Poznan. Roman law was taught at these universities partucularly by: Stanisław Wróblewski, Ignacy Koschembahr- Łyskowski, Leon Piniński, Marceli Chlamtacz, Wacław Osuchowski, ks. Henryk Insadowski, Franciszek Bossowski, Włodzimierz Kozubski, Zygmunt Lisowski. Apart from teaching activity, Roman law specialists also developed scienitific initiative. The author described development of Roman law science and studies during the rebuilding of Polish statehood. Therefore she analysed the place of Roman law in the university legal education system and the tendencies of Roman law scholar’s studies to whom it owed the significant position of scientific discipline. This issue is still waiting for a complex description and analysis. This will help to investigate multidirectional character of Polish Roman law scientists studies during the interwar period and their contribution to the global Roman law studies. The interwar period was stage unusually rich in events in the word of science. The scientific activity became the word of the patriotism then, the energy put by Polish scholars into the development and popularizing all fields of science was an energy put into the reconstruction of you Polish. In spite of the difficulties building the consistent legal system up caused which, the period between wars was characteristic of a respect to principles of the legal culture. A legal education was one of her indicators, and in it – the place of the Roman law, constituting the excellent school of the legal thinking and leading into the contemporary law. University educating jurists was held then in six universities: in Cracow, Lviv, Warsaw, Lublin, Vilnius and Poznan. They laid the Roman law out there among others: Stanisław Wróblewski, Ignacy Koschembahr-Łyskowski, Leon Piniński, Marceli Chlamtacz, Wacław Osuchowski, rev. Henryk Insadowski, Franciszek Bossowski, Włodzimierz Kozubski, Zygmunt Lisowski. Apart from teaching activity specialists in Romance studies also developed the scientific initiative. The author described the development of the learning, including teachings, of Roman law in times of the reconstruction of the statehood. She analysed the place of the Roman law therefore in the university legal education and lines of enquiry of professors which the Roman law owed holding in the university item due to him of the scientific discipline to. This issue is waiting for a complex scientific description and analysis, that will help to investigate the multidirectional character of their interests and also the place of their scientific output in the global Roman studies.

Alma Mater Studiorum. O genezie i początkach uniwersytetów

2017 ◽  
Vol 15 (2) ◽  
pp. 9-22
Author(s):  
Marek Maciejewski
Keyword(s):  
Middle Ages ◽  
Canon Law ◽  
18Th Century ◽  
Ancient Greece ◽  
Roman Law ◽  
Institutions Of Higher Education ◽  
13Th Century ◽  
New Era ◽  
Conducting Research ◽  
The 19Th Century

The origin of universities reaches the period of Ancient Greece when philosophy (sophists, Socrates, Plato, Aristotle, stoics and others) – the “Queen of sciences”, and the first institutions of higher education (among others, Plato’s Academy, Cassiodorus’ Vivarium, gymnasia) came into existence. Even before the new era, schools having the nature of universities existed also beyond European borders, including those in China and India. In the early Middle Ages, those types of schools functioned in Northern Africa and in the Near East (Baghdad, Cairo, Constantinople, cities of Southern Spain). The first university in the full meaning of the word was founded at the end of the 11th century in Bologna. It was based on a two-tiered education cycle. Following its creation, soon new universities – at first – in Italy, then (in the 12th and 13th century) in other European cities – were established. The author of the article describes their modes of operation, the methods of conducting research and organizing students’ education, the existing student traditions and customs. From the very beginning of the universities’ existence the study of law was part of their curricula, based primarily on the teaching of Roman law and – with time – the canon law. The rise of universities can be dated from the end of the Middle Ages and the beginning of modernity. In the 17th and 18th century they underwent a crisis which was successfully overcome at the end of the 19th century and throughout the following one.

LEGAL SKETCH «THE SIGNIFICANCE OF THE LEGAL EXCUSES AND PROVERBS OF ANCIENT ROME AS A MEANS OF LEGAL PROPAGANDA ABOUT LEGAL KNOWLEDGE AND CULTURE»

2020 ◽  
Author(s):  
Alexander Kukharev ◽  
Alexander Rusu
Keyword(s):  
Digital Age ◽  
Legal Culture ◽  
Roman Law ◽  
Ancient Rome ◽  
Legal Knowledge ◽  
The Law ◽  
Law Making

This article discusses adaptation of the norms and ideals of Roman law to modern legal culture, the basis of Roman legal relations, which is the basis of modern law-making. It is important to learn how the culture of the law of ancient Rome influenced the formation of modern law of the digital age. The purpose of writing the paper was to highlight the influence of the legal culture of ancient Rome on modern reality.

Transformation of legal language – Early Byzantine legal discourse

2017 ◽  
Vol 2 (1) ◽  
Author(s):  
Jaakko Husa
Keyword(s):  
Legal Discourse ◽  
Legal Culture ◽  
Linguistic Analysis ◽  
Cultural Transformation ◽  
Point Of View ◽  
Sixth Century ◽  
Roman Law ◽  
Legal Language ◽  
Linguistic Change ◽  
Early Byzantine

AbstractThis article examines the complicated legal-cultural process in which Roman law became Byzantine law and Roman legal discourse altered into Byzantine legal discourse. Roman law’s transformation into Early Byzantine law is analysed from the point of view of legal language which mutated from Latin to Greek. The approach is legal cultural and legal linguistic and focuses on the overall shape and general patterns. The goal is to highlight how legal-cultural transformation was incremental, language-bound and that there was no radical or sudden culmination point. Moreover, the analysis answers generally to the question of why sixth-century Byzantine legislative Greek contained frequent Latin loans, expressions, phrases and distortions. The discussion concentrates on the Novellae as an integral part of the process of legal cultural and linguistic change from Roman to Byzantine. Instead of going into detailed linguistic analysis, this article underlines generally the contextuality of law and the importance of legal culture

scholarly journals DEVELOPMENT OF CIVIL SOCIETY AND COMMUNICATION PROPERTIES OF LEGAL SCIENCE

2021 ◽  
Author(s):  
Nataliia Onishchenko
Keyword(s):  
Civil Society ◽  
Civic Education ◽  
Legal Culture ◽  
The State ◽  
Legal Consciousness ◽  
Legal Science ◽  
Law Making

The article is devoted to the value-communicative potential of modern legal science in building a mature, active civil society. In particular, the role of legal science in establishing the general discussion between man, civil society and the state is emphasized. A separate vector of consideration is the coverage of the role of legal science in modern law-making processes: increasing the role of legal culture, legal consciousness, overcoming the phenomena of legal nihilism and legal pessimism, as well as the importance of civic education in modern democratic processes.

scholarly journals On the Concept of Legal Education

2020 ◽  
Vol 15 (1) ◽  
pp. 179-188
Author(s):  
A. S. Dotsenko
Keyword(s):  
State Policy ◽  
Legal Education ◽  
Legal Culture ◽  
Legal Socialization ◽  
Legal Literature ◽  
Independent Direction ◽  
Education Act ◽  
Definition Of ◽  
The Relationship ◽  
Comprehensive Study

The paper attempts to conduct a comprehensive study of legal education as a legal category. Modern scientific approaches to the definition of the concept of legal education are considered, a distinction is made and the relationship between the legal phenomenon under study and related legal categories is determined. The author comes to the unequivocal conclusion that legal education as a legal category has an independent legal significance. Based on the analysis of modern scientific legal literature and current legislation, the author identifies features of legal education that clarify and supplement the existing concepts. Today, legal education is an independent direction of state policy. The measures implemented in the system of legal education act as a kind of tool for the formation of a legal culture and stimulate the active lawful behavior of individuals. The purpose of legal education is to ensure the full legal socialization of a person, and the final expected result is the formation of a high legal culture of society.

Jurists and Legal Science in the History of Roman Law

2021 ◽  
Author(s):  
Clifford Ando ◽  
Massimo Brutti ◽  
Oliviero Diliberto ◽  
Giuseppe Falcone ◽  
Detlef Liebs ◽  
...  
Keyword(s):  
Roman Law ◽  
Legal Science ◽  
History Of
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