In the period of the 19th century the Ottoman law felt the West influence, which additionally had affected its legal language. The reforms of the Tanzimat also marked the beginning of criminal law codification in the Empire. The Penal Code – adopted in 1858 – was much more modern in form and content, differing significantly from the Acts of 1840 and 1851. Its first article states that it does not override the criminal provisions of Sharia law. This dual nature creates confusion. The replacement of Sharia law entirely by modern European law did not happen suddenly. Changes require time, which is also necessary for the government to adopt the innovative ideas and understandings of the then modern societies. Therefore, on could nor deny the attempts of the Ottoman authorities to modernize the laws and the OPC.
{"title":"THE FRENCH LEGAL SYSTEM AND OTTOMAN CRIMINAL LAW","authors":"","doi":"10.37075/air.2020.2.04","DOIUrl":"https://doi.org/10.37075/air.2020.2.04","url":null,"abstract":"In the period of the 19th century the Ottoman law felt the West influence, which additionally had affected its legal language. The reforms of the Tanzimat also marked the beginning of criminal law codification in the Empire. The Penal Code – adopted in 1858 – was much more modern in form and content, differing significantly from the Acts of 1840 and 1851. Its first article states that it does not override the criminal provisions of Sharia law. This dual nature creates confusion. The replacement of Sharia law entirely by modern European law did not happen suddenly. Changes require time, which is also necessary for the government to adopt the innovative ideas and understandings of the then modern societies. Therefore, on could nor deny the attempts of the Ottoman authorities to modernize the laws and the OPC.","PeriodicalId":145665,"journal":{"name":"AUREA IURIS ROMANI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128610069","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The paper intends to investigate the social crisis in the Late Republic, focusing on the mechanisms to obtain influence over the voting in the comitia. Starting from the dissolution of the clientela system after the II s. BC, the study analyzes the sumptuary legislation and the legislation de ambitu in order to observe the new ways of attracting the favor of the people which the Roman politicians had to develop. Particular attention is given to the rhetoric of the cura morum, used as a cover for the attempts to control the electoral competition.
{"title":"CRISIS OF MORES AND / OR CRISIS OF THE SOCIAL STRUCTURE? OBSERVATIONS ON EUERGETISM AND ROMAN REPUBLICAN LEGISLATION IN THE CONTEXT OF ELECTORAL CORRUPTION","authors":"","doi":"10.37075/air.2020.2.03","DOIUrl":"https://doi.org/10.37075/air.2020.2.03","url":null,"abstract":"The paper intends to investigate the social crisis in the Late Republic, focusing on the mechanisms to obtain influence over the voting in the comitia. Starting from the dissolution of the clientela system after the II s. BC, the study analyzes the sumptuary legislation and the legislation de ambitu in order to observe the new ways of attracting the favor of the people which the Roman politicians had to develop. Particular attention is given to the rhetoric of the cura morum, used as a cover for the attempts to control the electoral competition.","PeriodicalId":145665,"journal":{"name":"AUREA IURIS ROMANI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127867686","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Slaves can have their own quasi patrimonium – peculium. It consists of property granted by their masters or acquired from third parties. The focus of this article is to clarify the nature of the concessio peculii and answer the question whether it is the act which creates the peculium. Furthermore, it explores the role of the master's will and causa peculiaris for the creation of the peculium. Finally, the study considers the way for creation of the peculium without the master's will through the acquisition of property from third parties.
{"title":"THE ROLE OF MASTER'S WILL AND CAUSA PECULIARIS FOR THE CREATION OF THE PECULIUM","authors":"","doi":"10.37075/air.2020.2.05","DOIUrl":"https://doi.org/10.37075/air.2020.2.05","url":null,"abstract":"Slaves can have their own quasi patrimonium – peculium. It consists of property granted by their masters or acquired from third parties. The focus of this article is to clarify the nature of the concessio peculii and answer the question whether it is the act which creates the peculium. Furthermore, it explores the role of the master's will and causa peculiaris for the creation of the peculium. Finally, the study considers the way for creation of the peculium without the master's will through the acquisition of property from third parties.","PeriodicalId":145665,"journal":{"name":"AUREA IURIS ROMANI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126790883","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the emergency periods Rome had tried in every way already from the most ancient times to stand up against the impredictabilities of the moment, especially during war periods. Similarly, the political and institutional upheavals of the battle of Actium have led to the violent civil crashes and the opposition of leaders of the calibre of Antony and Octavian. These could be a paradigm to verify whether the Roman public law (installing promptly emergency legislation: iustitium, senatusconsultum ultimum, the designation as hostis publicus and the like) had adopted the proper instruments to resolve the crisis. Indeed, a careful examination of the sources, together with understanding of the law texts leads us to exclude, like Antonio Guarino already did, that the Roman constitution could ever have recognised such a possibility.
{"title":"IUSTITIUM AND STATE OF EXCEPTION. THE ROMAN CONSTITUTIONALIZING OF THE EMERGENCY. THE ACTIUM PARADIGM","authors":"","doi":"10.37075/air.2020.2.02","DOIUrl":"https://doi.org/10.37075/air.2020.2.02","url":null,"abstract":"In the emergency periods Rome had tried in every way already from the most ancient times to stand up against the impredictabilities of the moment, especially during war periods. Similarly, the political and institutional upheavals of the battle of Actium have led to the violent civil crashes and the opposition of leaders of the calibre of Antony and Octavian. These could be a paradigm to verify whether the Roman public law (installing promptly emergency legislation: iustitium, senatusconsultum ultimum, the designation as hostis publicus and the like) had adopted the proper instruments to resolve the crisis. Indeed, a careful examination of the sources, together with understanding of the law texts leads us to exclude, like Antonio Guarino already did, that the Roman constitution could ever have recognised such a possibility.","PeriodicalId":145665,"journal":{"name":"AUREA IURIS ROMANI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116955914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The paper means to be the first attempt to analyze sacred resources’ origin, placement and deployment in Archaic and Classical age and the impact of monetization on financial resources kept inside the sacred area. In fact, money introduction widely affected the sanctuary administration, entailing the necessity to identify strategies to measure and quantify preserved precious items. Such items composed a huge financial deposit, that finally acted as an actual State treasury requiring a coherent organizational system.
{"title":"FINANCIAL RESOURCES HOARDED IN GREEK SANCTUARIES. THE IMPACT OF MONETIZATION","authors":"","doi":"10.37075/air.2020.2.01","DOIUrl":"https://doi.org/10.37075/air.2020.2.01","url":null,"abstract":"The paper means to be the first attempt to analyze sacred resources’ origin, placement and deployment in Archaic and Classical age and the impact of monetization on financial resources kept inside the sacred area. In fact, money introduction widely affected the sanctuary administration, entailing the necessity to identify strategies to measure and quantify preserved precious items. Such items composed a huge financial deposit, that finally acted as an actual State treasury requiring a coherent organizational system.","PeriodicalId":145665,"journal":{"name":"AUREA IURIS ROMANI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131874322","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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