Wie der weise Accursius für einen Narren gehalten wurde: Die Geschichte eines missverstandenen Scherzes

2015 ◽  
Vol 132 (1) ◽  
Author(s):  
Giorgia Maragno
Keyword(s):  
Roman Law ◽  
Ancient History ◽  
Accurate Analysis ◽  
The Third

AbstractHow the wise Accursius was taken for a fool: the story of a misunderstood jest. Against the backdrop of the alleged ‚legal transfer‘ from the Greeks to the Romans during the process of drafting the XII Tables, at which Pomponius hints in D. 1,2,2,4, Accursius reports (Gl. constitui) the well-known dialogue in gestures between a wise Greek and a Roman fool. In this story he also seems to make a paradoxical reference to the dogma of Trinity. This passage has been subjected during the centuries to three different approaches: 1) it is a fabula, which Accursius believes to be historia, revealing his total ignorance of ancient history; 2) it is historia not only in Accursius’ opinion, but also for some later scholars, who follow his authority on the matter; 3) Accursius knows it is a fabula, a iocus, a nuga, and he wittingly tells it as such. An accurate analysis of the gloss shows that the third interpretation is the soundest: Accursius was acquainted with the ancient tradition about the embassy to Athens and considered it to be no more than a fabula. He tells this ‚dialogue of mutes‘ with the purpose of stressing the pre-eminence of Roman law over Greek law.

scholarly journals KILKA UWAG O BADANIACH NAD ROMANIZACJĄ STATUTÓW LITEWSKICH

2017 ◽  
Vol 2 (2) ◽  
pp. 71
Author(s):  
Sławomir Godek
Keyword(s):  
Family Law ◽  
Roman Law ◽  
Property Law ◽  
The Third ◽  
Procedural Law ◽  
Fertile Ground ◽  
The Subject ◽  
Law Of Succession ◽  
Made In

SOME REMARKS ON THE STUDY OF THE ROMANIZATION OF LITHUANIAN STATUTESSummary The article is dedicated to the issues connected with the reception of Roman Law in the Lithuanian statutes of 1529, 1566, and 1588. After an analysis of the existing scholarly accomplishments in the field, one cannot but conclude that the study of the influence of the Roman Law on Lithuanian codifications has hardly been started yet. Despite the fairly long tradition of research in this field, so far only selected elements of the first and second statutes have been analyzed in order to identify Roman constituents. The research carried out in 1930s by Raphael Taubenschlag, Franciszek Bossowski, and Karol Koranyi demonstrated which Roman Law noticeably influenced the statutory regulations pertaining to family law, law of property, law of succession, criminal and procedural law. Their observations partly confirmed the findings previously made in the nineteenth century by Aleksander Mickiewicz, Franciszek Morze, and Ignacy Daniłowicz. At the same time, nothing is still known about the scope of Romanization in the third Lithuanian statute or about the transformations which Roman elements underwent in each of the statutes. Without further study of the subject, one cannot assess the role of Roman law in the Commonwealth (Rzeczpospolita).It seems that the most fertile ground for identification of Roman elements in the third Lithuanian statute is tutorship and succession law, especially testamentary succession. Some interesting and original observations could be made on the basis of a more thorough comparative analysis of the pertinent Roman and Lithuanian regulations.

scholarly journals ‘ILLOTIS MANIBUS’. HENRYK KUPISZEWSKI I WSPóŁCZESNE DYSKUSJE ROMANISTYCZNE W POLSCE

2016 ◽  
Vol 15 (2) ◽  
pp. 99
Author(s):  
Marek Kuryłowicz
Keyword(s):  
Roman Law ◽  
Common Denominator ◽  
Ancient History ◽  
Concerted Effort ◽  
Historical Sources ◽  
Positive Law ◽  
European Consensus ◽  
European Tradition ◽  
Source Studies ◽  
The Common

“Illotis Manibus”: Henryk Kupiszewski and the Contemporary Discussion of Roman Law in PolandSummaryIn his discussion of the significance of Roman law Henryk Kupiszewski referred to Gaius’ observation that the study of the lawcould not be conducted “with unwashed hands” (illotis manibus), viz.without a knowledge of the historical sources. In my opinion it is imperative to remind ourselves of this today, when some Polish scholarsof Roman law are criticising source studies and historical research onRoman law, and opting instead for modernity and a future examinedprimarily from the fuzzy perspective of decodification. In Prawo rzymskie a współczesność, his book on Roman law and the present times,Kupiszewski emphasised that the principal area of research on Romanlaw could take was still the examination of the work and achievementof the iurisprudentes, and that any other strategy would put it on thepath for self-destruction. Roman law studies are, of course facing new,contemporary problems. For instance, it has been observed that effectively the historical and legal awareness of today’s scholars of civil lawno longer encompasses Roman law. So we should be trying to preservethe connection of Roman law with the disciplines of positive law, andespecially making a concerted effort to work on a synthesis of Romanlaw as an introduction to contemporary private law. Furthermore, inour research we should take into consideration the close connectionbetween Roman law and other disciplines relating to antiquity – another point Kupiszewski made. We should also view the tradition ofRoman law as the common denominator in the European consensus onthe law. Hence the purposefulness of continuing the basic trend in thestudy of Roman law, from the aspect both of its ancient history and ofits European tradition and present-day manifestations.

II. Dating the Exceptiones Petri

2015 ◽  
Vol 101 (1) ◽  
pp. 54-85
Author(s):  
Uta-Renate Blumenthal
Keyword(s):  
Twelfth Century ◽  
Final Section ◽  
Roman Law ◽  
Short Introduction ◽  
The Third

Abstract The Exceptiones Petri legum Romanorum, a treatise on Roman law, were composed in the early twelfth century in Provence; codex MS Lleida Arxiù Capitular RC_0021 is a particularly significant manuscript of the treatise. As this article shows it is its oldest extant copy and illuminates authorship, origin and date of the work, all points that have been hotly debated until now. After a short introduction the paper discusses in its second part the historiography of the Exceptiones Petri in connection with the Lleida manuscript. The third section addresses the date of this treatise, while the fourth turns to the glosses in the Lleida manuscript before presenting conclusions in a final section. Appendix I to this paper transcribes the glosses in the Lleida manuscript in comparison to other manuscripts of the Exceptiones. For the sake of convenience Appendix II lists all the references to Gratian’s Decretum that are missing in the Lleida manuscript, but are found in all younger manuscripts of the Exceptiones and were accordingly published by Fitting and Mor.

Having Made Peace through the Blood of the Cross

Grotiana ◽  
2017 ◽  
Vol 38 (1) ◽  
pp. 28-45
Author(s):  
Eltjo Schrage
Keyword(s):  
Public Interest ◽  
Roman Law ◽  
The Third ◽  
The Cross ◽  
As If

In his Defensio fidei catholicae de satisfactione Christi adversus Faustum Socinum Senensem Grotius makes use of sources taken from Roman law. We discuss three examples and ask the question whether something may be said about the weight of the arguments Grotius has taken from Roman law, mainly the Digest. The first one relates to his belief that it is a matter of public interest that crimes do not remain unpunished and he calls this argument even a trivial commonplace: Hoc enim iudicare videtur trita sententia delicta puniri publice interest. (2) The second example is Grotius’s thesis that si alio animo alius idem solvat, liberatio non contingit. (3) The third example is his thesis that ex Romanorum legibus … poenae variantur pro conditione personarum which he also justifies with an impressive number of references. The conclusion is that Grotius uses these arguments, as if they were propositions suitable to function as part of the theological construction apt to rebut the views of Socinus, but for that purpose Grotius´s quotations are generally taken out of their original context and landed on a sort of Procrustean bed of his theological presuppositions.

Proctorial Representation in the House of Lords during the Reign of Edward VI

1969 ◽  
Vol 8 (2) ◽  
pp. 1-27 ◽  
Author(s):  
Vernon F. Snow
Keyword(s):  
Sixteenth Century ◽  
Roman Law ◽  
Henry Viii ◽  
Fourth Section ◽  
The Third ◽  
Satisfactory Treatment ◽  
House Of Lords ◽  
History Of ◽  
The Subject ◽  
The Relationship

This is the third in a series of studies dealing with the history of the proxy system in the House of Lords. The first, after tracing the origin of proxies to the Roman law of agency, dealt with the emergence and spread of representation by proctors in the ecclesiastical and political assemblies of medieval England. The second study demonstrated how the proxy system was perfected in the upper house during the reign of Henry VIII and how the Crown benefited from that system. The ensuing article concerns proctorial representation during the crucial years of the Edwardian Reformation. Because of the brief period under consideration — only six years — it seemed best to cast the study in an analytical rather than a chronological framework. The first section deals with the general characteristics of proctorial representation in mid-Tudor times; the second and third sections cover the spiritual and temporal lords, respectively; and the fourth section treats the relationship between the proxy system and conciliar government.IKnowledge of the proxy system in the mid-sixteenth-century House of Lords remains somewhat fragmentary and limited in scope. A satisfactory treatment of the subject does not exist. Constitutional and legal historians have paid little attention to proxies and less to the procedure governing their use in the upper house. As one might expect, Bishop Stubbs dealt with proxies in medieval Parliaments and correctly associated them with parliamentary privileges, but at the same time he concluded that “its history has not yet been minutely traced.

Fate and Free Will in the Jewish Philosophies according to Josephus

1929 ◽  
Vol 22 (4) ◽  
pp. 371-389 ◽  
Author(s):  
George Foot Moore
Keyword(s):  
Free Will ◽  
Ancient History ◽  
The Third ◽  
History Of

In the thirteenth book of his Ancient History of the Jews, Josephus relates (Ant. xiii. 1–5) the doings and fortunes of Jonathan, the brother of Judas Maccabaeus and after the death of Judas (161 B.C.) the leader of the rebellious Jews in their struggle with the Syrian rulers. In the sequel of Jonathan's embassies to Rome and Sparta, and not long before he fell into the hands of Tryphon and was put to death, we read (Ant. xiii. 5, 9):About this time there were three philosophical schools (αἱρέσɛις) among the Jews, which entertained different opinions about human affairs. One of them was called that of the Pharisees, one of the Sadducees, and the third of the Essenes.

scholarly journals Kegiatan Formative Research Pt.Kai (Persero) dalam Upaya Sosialisasi Pintu Keselamatan oleh Humas Daop 2 Bandung

2018 ◽  
Vol 13 (1) ◽  
pp. 37
Author(s):  
Hanas Nurpijar Kaloka ◽  
Trie Damayanti ◽  
Aat Ruchiat Nugraha
Keyword(s):  
Public Relations ◽  
Formative Research ◽  
Maximum Activity ◽  
Accurate Analysis ◽  
The Public ◽  
The Third ◽  
Third Stage ◽  
Attention To Detail ◽  
Research Analysis

<p>This study aims to determine the activities formative research conducted by the Public Relations Daop 2 Bandung covering the analysis of the situation, organizations and the public.The method used is descriptive exploratory method to be more profound and accurate with qualitative data.The results of this study is the first phase of the analysis of the situation that has been done by the PR Daop 2 Bandung has implemented properly guided by several indicators that the analysis of the situation is reached plus has been working with Edan Community railroad Indonesia (Kesi).However, analysis of the situation which has been run by the Public Relations have several indicators or elements that are less maximized on the deepening of the data and facts and resulted in a lack of accurate analysis of the public in the third stage in the formative activities of this research. Analysis of the organization that has been built and observed by the Public Relations have also given an overview of how the organization in this company is running but some internal activities are still not able to be implemented with maximum coordination as its terms of internal meetings. Suggestions for Public Relations Daop 2 Bandung to keep attention to detail more than any analysis of the formative research in order to provide maximum results in a program or activity on the socialization of planning safety doors in Daop 2 Bandung. Formative research as one of the PR concept will be very helpful for PR practitioners in order to pay attention to research for the attainment of maximum activity or program.</p>

scholarly journals Interregnum as a Legal and Political Concept: A Brief Contextual Survey

2016 ◽  
pp. 109 ◽  
Author(s):  
Philippe Theophanidis
Keyword(s):  
South African ◽  
Roman Law ◽  
Political Crisis ◽  
The Political ◽  
Main Section ◽  
Far Right ◽  
The Third ◽  
The Past ◽  
Political Crises ◽  
Political Concept

I propose to trace the dialogical path of Antonio Gramsci’s concept of ‘interregnum’ briefly mentioned in one of his prison notebooks which was rediscovered in recent years and used in various political writings. I will first examine the meaning of the concept of interregnum in the context of Roman law, where it originates. Second, I’ll show how the Italian writer used it in a two-page note included in his Quaderni del carcere to describe the political crisis of our times. I will also briefly sketch the renewal of the idea of interregnum from the 1980s onward, when a specific quote from Gramsci’s note was used to frame various political crises, from South African apartheid to the civil war in Syria, all the way to the rise of a new far right ideology. In the third and main section, I’ll explore in more detail how, in the past five years, Keith Tester, Zygmunt Bauman, and Étienne Balibar all explicitly engage with the idea of interregnum in an open dialogue. While referencing one another, they used Gramsci’s interpretation of the concept in an effort to understand and address the contemporary problem of political synthesis. In the fourth part, and in the spirit of keeping discussion open, I will raise some issues regarding the various paths proposed by Bauman and Balibar to find our way ‘out of the interregnum.

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