TUTORSTVO NAD ŽENAMA (TUTELA MULIERUM)

Regardless of their age, under the tutorship were minors and women who weren't under the paternal authority or husbands manus. This work is oriented toward the tutelage of women, and it will present women's position in ancient law, as well as the reasons for the establishing of the institution of tutelage, the ways it has been established in individual cases and on the authority of the tutor. Also, this work would give the overview of the tutelage and abandonment of it, that happened in the changed social and economical circumstances, especially those in the family relations, that have occurred in the period of the fall of the Republic.

The Ancient Oriental Problematics of the Scientifi c Heritage of Professor O.A. Zhidkov

The article directed to research of the oriental direction in the scientific activity of the famous historian jurist Zhidkov Oleg Andreevich. We analyzed his author’s provisions from textbooks and scientific publications from the middle of the last century, in which he developed a non-trivial outline for comparative oriental studies, as an integral part of the historical school of the RUDN University. Among the important achievements of the professor Zhidkov, there is a bibliographic analysis of the authority works of Western orientalists and Russian oriental jurists, his specific approach to political genesis and the emergence of ancient law, and his polemics with Western orientalists on the varna/class division of the Ancient Eastern population. Zhidkov’s research is also aimed at the identification of a hydrotechnical type of economy (‘landwater commune’), and comparative historical description of the Eastern law and legal institutions. The field of discussion remains the systematicity of law and legal codification in the Ancient East, which his colleagues and followers of his teachings are developing in our days in the scientific heritage of O.A. Zhidkov.

The Discourse on Customary International Law

This book argues that it does not suffice to simply invoke and demonstrate the two constitutive elements of customary international law, practice and opinion juris, to successfully and plausibly make a claim under the doctrine of customary international law. Behind what may look like a very crude dualist type of legal reasoning, a fine variety of discursive constructions are at work. By unpacking these discursive constructions, the book depicts the discursive splendour of customary international law. It reviews eight discursive performances at work in the discourse on customary international law and makes a number of original and provocative claims about this aspect of law. For example, the book claims that customary international law is not the surviving trace of an ancient law-making mechanism that used to be found in traditional societies. Indeed, as is shown throughout, the splendour of customary international law is everything but ancient. In fact, there is hardly any doctrine of international law that contains so many of the features of modern thinking. The book also puts forward the idea that all discursive performances of customary international law are shaped by texts, are articulated around texts, echo and continue pre-existing texts, unfold in a textual space, or, more simply, originate in a text-constituted environment.

Sejarah Antropologi Hukum

Awal pemikiran antropologis tentang hukum dimulai dengan studi-studi yang dilakukan oleh kalangan ahli antropologi dan bukan dari kalangan sarjana hukum. Awal kelahiran antropologi hukum biasanya dikaitkan dengan karya klasik Sir Henry Maine yang bertajuk The Ancient Law yang diterbitkan pertama kali pada tahun 1861. Ia dipandang sebagai peletak dasar studi antropologis tentang hukum melalui introduksi teori evolusionistik (the evolusionistic theory) mengenai masyarakat dan hukum, yang secara ringkas menyatakan : hukum berkembang seiring dan sejalan dengan perkembangan masyarakat, dari masyarakat yang sederhana (primitive), tradisional, dan kesukuan (tribal) ke masyarakat yang kompleks dan modern, dan hukum yang inherent dengan masyarakat semula menekankan pada status kemudian wujudnya berkembang ke bentuk kontrak (Nader, 1965; Roberts, 1979; Krygier, 1980; Snyder, 1981).

Medieval Legal Realism

This is a Research Note about the ongoing Project on the semantics of pactism (pactisme) in Catalan ancient law. Pactism is the name of the legal doctrine that grounds the validity of legal provisions upon a pact-based model. It was developed as a basis for Catalan Public law in the 13th, 14th and 15th centuries. We present it as a medieval realism. Looking at the concomitances of 20th century legal realism and the doctrine of pactism can shed light on the emergence of early states and the construction of legal doctrines stemming from the reception of Roman law, the wide use of ius commune, and the development of case-based law and Scholastic reasoning methods. The semantics of pact-modelling processes and outcomes has yet to be established. Thus, it is also contended that Digital Humanities can offer some technological solutions to unravel underlying linguistic, cognitive and ontological patterns to understand the political culture that came out of it and developed until the 18th c. in Catalonia.

A Corpus Approach to Roman Law Based on Justinian’s Digest

Traditional philological methods in Roman legal scholarship such as close reading and strict juristic reasoning have analysed law in extraordinary detail. Such methods, however, have paid less attention to the empirical characteristics of legal texts and occasionally projected an abstract framework onto the sources. The paper presents a series of computer-assisted methods to open new frontiers of inquiry. Using a Python coding environment, we have built a relational database of the Latin text of the Digest, a historical sourcebook of Roman law compiled under the order of Emperor Justinian in 533 CE. Subsequently, we investigated the structure of Roman law by automatically clustering the sections of the Digest according to their linguistic profile. Finally, we explored the characteristics of Roman legal language according to the principles and methods of computational distributional semantics. Our research has discovered an empirical structure of Roman law which arises from the sources themselves and complements the dominant scholarly assumption that Roman law rests on abstract structures. By building and comparing Latin word embeddings models, we were also able to detect a semantic split in words with general and legal sense. These investigations point to a practical focus in Roman law which is consistent with the view that ancient law schools were more interested in training lawyers for practice rather than in philosophical neatness.

Rome and the Economics of Ancient Law I

This chapter serves as an introduction to the essays in this collection by exploring the ways in which contemporary economic theory can be used to ask new questions about the law and economies of ancient societies. The chapter begins with a review of the importance of Roman law as an academic discipline to legal historians. It then introduces the overall theme of the collection by reviewing the ways in which historians of the ancient economy and of ancient law have made use of economic theory to understand better the relationship between law and the economy in the Roman world. The chapter then goes on to discuss the individual chapters in this volume. It focuses in particular on the ways in which economic theory informs the approaches that the authors, both legal and economic historians, take in their essays. The chapter will thus set the individual chapters in a broader scholarly perspective and will seek to explain why economic methods are a fruitful way to understand Roman Law and Roman economic history.

Rome and the Economics of Ancient Law II

This chapter provides a broad overview of the chapters in the second volume of Roman Law and Economics. The subjects addressed in this volume include slavery and the Roman economy credit, property, dispute resolutions, and remedies, and finally wrongdoing and Roman law. The focus of my discussion is on the role that economic theory plays in the work of the various authors, who represent ancient historians, scholars of Roman law, lawyers, and economists. The chapter will provide a perspective on the contents of the book as a whole and will seek to explain why economic methods are a fruitful way to understand Roman law.