Quintilian and the Law

How did Quintilian regard the relationship between rhetoric and law? It is only in the last book of his Institutio oratoria that Quintilian deals with this question. In 12.3 he states that the well-educated orator must have a broad knowledge of the law so that he will not be dependent on information from a legal expert. In the course of the book, Quintilian shows that he himself was well acquainted with Roman law for he often explains rhetorical technique by giving legal examples, and these examples deal with a wide variety of topics and refer to a wide variety of sources. The topics include criminal law and private law, particularly the law of succession, and legal procedure. The sources range from speeches by Cicero to fictitious laws and cases. Quintilian regarded rhetoric as superior to law but he will have agreed with Cicero that rhetoric and law were partners in dignity.

MEMILIH PROGRAM STUDI DI PERGURUAN TINGGI BERBASIS POTENSI SISWA

The purpose of this PKM is to provide insight into the higher education system as well as to find out the potential of students based on their brain color so that when choosing a study program when continuing their studies in higher education according to their potential. The method of implementing this PKM activity is in the form of counseling and personal tests. PKM partners are 99 students of SMAN 08 Tangerang City, Banten. Counseling uses zoom, while personal tests use google forms. After conducting the outreach activities, participants' knowledge of the higher education system was better than before. From the results of the personal test, the distribution of students' brain color was 44% A (office executive, CEO), 8% B (scientist, researcher, accountant, engineer, legal expert, chemist/physicist), 16% C (creative worker, TV presenter, artists, marketing professionals), 15% D (entrepreneurs), and 16% mix from AD. Participants are included in the A-D mix category because their personal test scores on several types of brain color are the same. It is recommended to test participants who are included in the A-D mix to do a personal test again to ensure the type of brain color. If the results are still included in the A-D mix, it means that the participant has multi-talents.Tujuan PKM ini untuk memberikan wawasan tentang sistem pendidikan tinggi serta untuk mengetahui potensi siswa berdasarkan brain colornya agar ketika memilih program studi ketika melanjutkan studi di perguruan tinggi sesuai dengan potensinya. Metode pelaksanaan kegiatan PKM ini berupa penyuluhan dan personal test. Mitra PKM adalah 99 siswa SMAN 08 Kota Tangerang, Banten. Penyuluhan menggunakan zoom, sedangakan personal test menggunakan google form. Setelah dilakukan kegiatan penyuluhan, pengetahuan peserta mengenai sistem pendidikan tinggi lebih baik dibandingkan sebelumnya. Dari hasil personal test, sebaran brain colour siswa 44% A (eksekutif kantor, CEO), 8% B (ilmuwan, peneliti, akuntan, engineer, ahli hukum, ahli kimia/fisika), 16% C (pekerja kreatif, presenter TV, artis, profesional pemasaran), 15% D (pengusaha), dan 16% bauran dari A-D. Peserrta masuk kategori bauran A-D karena skor personal testnya pada beberapa jenis brain color sama. Disarankan kepada peserta test yang masuk dalam bauran A-D untuk melakukan personal test ulang untuk memastikan jenis brain colornya. Jika hasilnya tetap masuk dalam bauran A-D, maka berarti peserta tersebut memiliki multi talent.

Comparing Alternative Storage Models for Words Extracted from Legal Texts

The COVID-19 pandemic created new demands for services in the judicial system, requiring the use of a data warehouse (DW). Although there exist approaches that use DW in the judicial domain, few target the pandemic or publicly provide the information extracted from the texts. Following the needs of a legal expert, we have developed the COVID-19 Portal. It extracts documents from the Supreme Federal Court in Brazil to obtain quantitative information on words used in the texts. In this paper, we present the design of a DW, and show the query performance improvement achieved with its implementation. The DW has been developed on Postgres, and its performance is compared with the original implementation on MongoDB Cloud and a local MongoDB database.

O estado de exceção, antagonismo político e “combates” à corrupção

The following work analyzes the problem of the state of exception with a focus on Brazil’s recent political situation. First, we highlight the citing of the theory of exception by conservative legal expert Carl Schmitt in the TRF-4 court, allowing the then-Judge Moro to escape punishment for having leaked the contents of a telephone call between President Dilma Rousseff and former President Lula. Second, we then use this as a basis to outline the relationship between recent legal activism, present in the so-called “war on corruption”, with a longer-term tension in law in liberal societies, that is the hiatus between legality and legitimacy. Third, and finally, we seek to reveal that the anti-corruption agenda acquired impetus by means of the politicization and polarization of the country as of 2013, particularly with the emergence in 2014 of the Operação Lava Jato [Operation Car Wash] and the prominence of Judge Sérgio Moro. Our hypothesis is that a political antagonism was configured as a political strategy, framing all social demands to have emerged in 2013 as an opposition to “corruption” and the “state”. As a theoretical-conceptual framework for the conceptualizing of political antagonism, we highlight the theoretical contribution of Ernesto Laclau and Chantal Mouffee and works pointing to the hypertrophy of Criminal Justice, with the central focus on of the figure of the enemy. Our method was bibliographical analysis and a qualitative selection of sources.

Rein Müllerson in the international law: retrospectives and prospects

This article is dedicated to reconsideration of the ideas of the prominent Soviet, Russian, Estonian and international legal expert Rein Müllerson, which he introduced to the theory and practice of international law. The relevance of this research is substantiated by the contribution made by Professor Rein Müllerson to the Soviet system, as well as the contribution he continues to make to the modern domestic, foreign, and universal doctrine of international law. In 201, the author of multiple articles and monographs that are published in different languages and countries, Professor Rein Müllerson released his summarizing work – the autobiography “Living In Interesting Times: Curse or Chance?”, which in reality is not an autobiography. This monograph, which determines the topic of this research, is dedicated to the most relevant issues of international law and international relations, which underlie the scientific reflections in the latest published work of Professor Müllerson. The goal of this article lies in the analysis of manifestation of subjective realism and new philosophy of modern international law declared in the 2021 monograph. Using such instruments of the modern researcher of international relations as liberalism and democratization, globalization and regionalization, correlating the theory built in the Soviet scientific paradigm with the practice tested in the UN structures, he brought the international law to a higher level of comprehension, as a complex system of regulators of multinational behavior. The neutral and non-politicized views of Professor Müllerso answers on the majority of modern international problems, along with his vast experience in practical implementation of legal norms, should be duly appreciated by present and future generations of researchers interested in building a new world – free from warfare and confrontations.

Legal expertise and legal experts in Athenian democracy

This essay refutes the view that the Athenians of the Classical period were hostile to legal expertise. The Athenians had much respect for the Areopagus and the Exegetai, who were experts in law and religion. The legal expert Phanodemus was often praised and entrusted with important responsibilities. Litigants in public cases often show their legal knowledge by copious citation of statutes. They sometimes accuse their opponents of deceitful use of rhetoric never attack them for legal expertise. In the speech of Lysias Against Nicomachus, the accuser charges the defendant with illegally modifying the rules about sacrifices but never arouses suspicions about his legal expertise.

Femoral nerve injury in gynecologic surgery: medico-legal issues for best surgical practices

Background Femoral nerve injury following gynecologic surgery may be a postoperative complication, leading to medical malpractice claims and litigation. Methods and results A retrospective analysis was performed on data collected from 973 medico-legal reports of suspected malpractice in gynecologic surgery, filed with the Italian Court between 2000 and 2010. Twelve cases were selected for proven negligence, after a blinded investigation conducted by a gynecologist and a medico-legal expert. Surgical data included type of procedure (hysterectomy, salpingectomy, cesarean section, endometriosis excision), duration of procedure, patient position, and use of retractors. For each case, the observed neuropathy, degree of severity, and recovery time after physical therapy were described. Neuropathies were classified into three categories: neuropraxia (three cases), axonotmesis (six cases), and neurotmesis (three cases) with high sensory and motor deficits. Many particular conditions and pre-existing comorbidity were observed. Two neuropraxia cases were associated with the lithotomy position; axonotmesis cases were related to the incorrect use of self-retaining retractors and an inadequate lithotomy position. Conclusions To avoid potential malpractice lawsuits, care must be taken to accurately collect data linked to individual factors and the possible complications of a surgical procedure. A detailed description is required of the patient’s position on the surgical table, the self-retaining retractors selected, length of time they were in use, maximum tractive force exerted, and their inspection or repositioning during the operation.

The Gallican Evangelicals

The Gallican evangelicals of the 1550s and 1560s, represented here primarily by Jean de Monluc, François Bauduin, and Charles Du Moulin, stayed on the path blazed by early French evangelicals and continued to seek evangelical reform within the existing French church. Monluc, bishop of Valence, adopted Protestant ideas and practices in his diocese. He worked with the lawyer Bauduin and Huguenot nobleman Antoine of Navarre to try to forge a religious compromise at the Colloquy of Poissy. Calvin turned against Bauduin, whom he labeled a moyenneur. Legal expert Charles Du Moulin lived briefly among the Reformed in Switzerland, Germany, and Montbéliard before returning to France, where he outwardly abjured the Protestant faith but increasingly wrote about religious matters from an evangelical perspective. Du Moulin turned bitterly against the Calvinists, however, for he feared they were taking over the evangelical movement in France.

Expert and legal expert as participants of administrative process

In connection with Ukraine’s European integration intentions, there is a need to update the procedural codes. The new Code of Administrative Procedure contains numerous novelties, in particular, the range of other participants in the trial has been expanded. This issue is relevant given the role of experts in the trial. The Code of Administrative Procedure defines the legal status of an expert whose task is to promote effective justice. For the court, its opinion is of a recommendatory nature, because the final decision is made by the judge. A novelty of the Code of Administrative Procedure is that the participants in the process have the right to provide an expert opinion and such an opinion is equivalent to the opinion of an expert appointed by the court. In our opinion, such a novelty is a positive step forward. It should be noted that it is due to the expertise special knowledge is used and public legal disputes are effectively resolved. It is the expert who uses scientific and technical means to establish the circumstances that are relevant to the trial and thus promotes effective justice. A new participant in the administrative process is a legal expert. The Code of Administrative Procedure of Ukraine determines the procedural status of this participant. This must be a person who has a scientific degree and is a recognized specialist in the field of law. However, the Code of Administrative Procedure of Ukraine does not specify which scientific degree it should be. This should be either a candidate of law or a doctor of law. In addition, the legal structure of "recognized specialist in the field of law" is debatable. The Code of Administrative Procedure of Ukraine gives the participants the right to submit to the court the opinion of such an expert. It should be noted that the opinion of a legal expert is not evidence, is ancillary in nature and is not binding on the court. The judge's task is to draw an independent conclusion in fact. A legal expert does not replace a judge. However, in its decision, the court may refer to the opinion of a legal expert as a source of information that is contained therein. The legal expert provides an opinion on a limited list of issues. However, judges have difficulties with the application of the analogy of law and norms of foreign law. Ultimately, this leads to a review and reversal of a judgment. Therefore, we consider that legal experts should be highly professional scholars who are able to provide effective assistance to judges in public legal disputes resolving. Some practitioners consider that it is important for the court not only to have the opinion of a scientist, but also a lawyer-practitioner, who, although he does not have a scientific degree, but has practical experience and can provide appropriate recommendations for public legal disputes resolving. We do not agree with this opinion, as we consider that only a scientist can provide qualified assistance to a judge in public legal dispute resolving. Instead, a legal practitioner should make recommendations for a judge to resolve a relevant public legal dispute. It is advisable to expand the circle of other participants in the trial. Both the expert and the legal expert contribute to the rule of law principles in the administration of justice.

Gheorghe Mârzescu și vocația libertății. Despre un profesor uitat al Facultății de Drept din Iași

Professor Gheorghe Mârzescu's contribution to the development of legal education at the University of Iași is essential. A French legal expert, he was actively involved in the institutional and didactic consolidation of the Faculty of Law in its first years of operation. The fact that for a long time he did not have the status of professor shows us the difficult context in which the foundations of the university education from Iasi were laid. Through his works Gheorghe Mârzescu is the founder of the scientific study on civil law at the University of Iași. He was a follower of liberal values and a constant promoter of the principle of laicization, which is why he openly came into conflict with the representatives of the Church. Despite this complexity, the life and work of Professor Gheorghe Mârzescu are less well known today, often being mistaken for his son, an important politician at the beginning of the interwar period. This article aims to bring back to life some of the complex valences of this personality, emphasizing its founding role and the vocation of freedom that he has permanently promoted.