Pub Date : 1900-01-01DOI: 10.1163/EJ.9789004183100.I-187.13
N. Horsfall
Broken by war and rejected by the fates, the leaders of the Danaans, as so many years had now slipped away, build a Horse, the size of a mountain - the craft is the goddess Pallas's - and weave cut fir into her sides. All the Greeks' hope and their confidence in the war they had begun always relied on Pallas' assistance. The princes Thessandrus and Sthenelus, and terrible Ulysses slipped down the rope they had lowered; so too did Acamas and Thoas and Neoptolemus grandson of Peleus, the pre-eminent Machaon and Menelaus and the architect of the trick himself, Epeius. The famous fifty bedchambers, a generous expectation of grandchildren, the doors standing proudly with the spoils of barbarian gold, have collapsed: where the fire has given out, the Greeks take hold.Keywords: Danaans; goddess Pallas; Greeks; Neoptolemus; Ulysses
{"title":"Text and Translation","authors":"N. Horsfall","doi":"10.1163/EJ.9789004183100.I-187.13","DOIUrl":"https://doi.org/10.1163/EJ.9789004183100.I-187.13","url":null,"abstract":"Broken by war and rejected by the fates, the leaders of the Danaans, as so many years had now slipped away, build a Horse, the size of a mountain - the craft is the goddess Pallas's - and weave cut fir into her sides. All the Greeks' hope and their confidence in the war they had begun always relied on Pallas' assistance. The princes Thessandrus and Sthenelus, and terrible Ulysses slipped down the rope they had lowered; so too did Acamas and Thoas and Neoptolemus grandson of Peleus, the pre-eminent Machaon and Menelaus and the architect of the trick himself, Epeius. The famous fifty bedchambers, a generous expectation of grandchildren, the doors standing proudly with the spoils of barbarian gold, have collapsed: where the fire has given out, the Greeks take hold.Keywords: Danaans; goddess Pallas; Greeks; Neoptolemus; Ulysses","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128301078","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}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2016/V22N1A5
M. Silver
Why did Roman slaves have a peculium or purse? It has been suggested that the grant of a peculium was a clever arrangement, a trick actually, by means of which owners incentivised slaves to perform unsupervised labour. Upon this incentive base stands Rome's "peculium economy" in which diverse and far-flung business and other activities are performed by minimally supervised slaves. However, forcibly taken slaves (including born-slaves), the kind still taken for granted in the scholarly literature, would not be sufficiently incentivised by peculia. The "peculium economy" stands, however, because the slaves forming its base are slaves by contract/self-sellers. The peculium, the legal and other evidence suggests, is a contractual benefit desired by and typically made available to free individuals who volunteered for slavery. This is precisely how, for example, the "peculium" arose in the eighteenth century trade in "indentured servants" between England and North America. The paper explores this finding and develops its implications for Roman economic growth.
{"title":"At the base of Rome's peculium economy","authors":"M. Silver","doi":"10.17159/2411-7870/2016/V22N1A5","DOIUrl":"https://doi.org/10.17159/2411-7870/2016/V22N1A5","url":null,"abstract":"Why did Roman slaves have a peculium or purse? It has been suggested that the grant of a peculium was a clever arrangement, a trick actually, by means of which owners incentivised slaves to perform unsupervised labour. Upon this incentive base stands Rome's \"peculium economy\" in which diverse and far-flung business and other activities are performed by minimally supervised slaves. However, forcibly taken slaves (including born-slaves), the kind still taken for granted in the scholarly literature, would not be sufficiently incentivised by peculia. The \"peculium economy\" stands, however, because the slaves forming its base are slaves by contract/self-sellers. The peculium, the legal and other evidence suggests, is a contractual benefit desired by and typically made available to free individuals who volunteered for slavery. This is precisely how, for example, the \"peculium\" arose in the eighteenth century trade in \"indentured servants\" between England and North America. The paper explores this finding and develops its implications for Roman economic growth.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130240214","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}
Pub Date : 1900-01-01DOI: 10.1007/978-3-662-44989-9_3
Peter Gröschler
{"title":"Pfandrecht und Niessbrauch - Mehrfachbestellung und Konvaleszenz beschränkter dinglicher Rechte im römischen, im gemeinen und im geltenden Recht","authors":"Peter Gröschler","doi":"10.1007/978-3-662-44989-9_3","DOIUrl":"https://doi.org/10.1007/978-3-662-44989-9_3","url":null,"abstract":"","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131911386","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}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2016/V22N21A7
Saul Tourinho Leal
The consequences of South Africa's apartheid era are still visible in terms of their effects on the South African economy, and in terms of the racism which has eroded various human rights. Apartheid may be seen to be the result of arrogant and racially discriminant economic development by the white minority, which resulted in inequality and injustice. The implementation of public economic policies, where the end justifies the means, creates the opportunity to use scapegoats in order to justify economic injustices to the public.
{"title":"Constitutional scapegoat : the dialectic between happiness and apartheid in South Africa","authors":"Saul Tourinho Leal","doi":"10.17159/2411-7870/2016/V22N21A7","DOIUrl":"https://doi.org/10.17159/2411-7870/2016/V22N21A7","url":null,"abstract":"The consequences of South Africa's apartheid era are still visible in terms of their effects on the South African economy, and in terms of the racism which has eroded various human rights. Apartheid may be seen to be the result of arrogant and racially discriminant economic development by the white minority, which resulted in inequality and injustice. The implementation of public economic policies, where the end justifies the means, creates the opportunity to use scapegoats in order to justify economic injustices to the public.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124484504","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}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2015/V21N1A12
Elsabe Schoeman
With the passing of Professor AB Edwards, South Africa lost a great legal scholar. I lost a mentor and a friend.I first met Professor Edwards (as I continued to call him after his retirement) in 1984 when I was appointed as a research assistant in the then Department of Legal History, Comparative Law and Legal Philosophy. One of my first tasks was to assist in checking references for his work on Paulus Voet, which would later be published as The Selective Paulus Voet (Fundamina Editio Specialis, University of South Africa, 2007). During that time, I translated chapters from his PhD Thesis (University of Cape Town, 1984) from English into Afrikaans - a daunting task for a young research assistant, but giving me my first glimpse of the great scholar that he was. Two years later, I became a permanent member of the Department with Professor Edwards as its Head, and sometime later he became my doctoral supervisor. All in all, I had known him for thirty odd years, yet when I was approached to write this obituary, I realised at once how much and how little I knew about him.
随着AB Edwards教授的逝世，南非失去了一位伟大的法律学者。我失去了一位良师益友。我第一次见到爱德华兹教授是在1984年，当时我被任命为当时的法律史、比较法和法律哲学系的研究助理。我的首要任务之一是协助检查他关于Paulus Voet的工作的参考文献，这些工作后来被出版为The Selective Paulus Voet(基础专业版，南非大学，2007年)。在那段时间里，我把他的博士论文(开普敦大学，1984年)中的章节从英语翻译成南非荷兰语——对于一个年轻的研究助理来说，这是一项艰巨的任务，但让我第一次看到了他是一个伟大的学者。两年后，我成为该系的永久成员，爱德华兹教授担任系主任，不久他成为我的博士生导师。总而言之，我认识他已有三十多年了，但当有人请我写这篇讣告时，我立刻意识到我对他了解得有多有少。
{"title":"Basil Edwards : a scholar, a mentor and a friend : 1932-2014 : obituary","authors":"Elsabe Schoeman","doi":"10.17159/2411-7870/2015/V21N1A12","DOIUrl":"https://doi.org/10.17159/2411-7870/2015/V21N1A12","url":null,"abstract":"With the passing of Professor AB Edwards, South Africa lost a great legal scholar. I lost a mentor and a friend.I first met Professor Edwards (as I continued to call him after his retirement) in 1984 when I was appointed as a research assistant in the then Department of Legal History, Comparative Law and Legal Philosophy. One of my first tasks was to assist in checking references for his work on Paulus Voet, which would later be published as The Selective Paulus Voet (Fundamina Editio Specialis, University of South Africa, 2007). During that time, I translated chapters from his PhD Thesis (University of Cape Town, 1984) from English into Afrikaans - a daunting task for a young research assistant, but giving me my first glimpse of the great scholar that he was. Two years later, I became a permanent member of the Department with Professor Edwards as its Head, and sometime later he became my doctoral supervisor. All in all, I had known him for thirty odd years, yet when I was approached to write this obituary, I realised at once how much and how little I knew about him.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123881830","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}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2015/V21N2A13
Magdolna Sič
In his monograph Tamas Notari intends to get closer to understanding the mechanism of operation of forensic impact by analysing ten texts (Pro Roscio Amerino, Pro Cluentio, Pro Murena, Pro Plancio, Pro Caelio, Pro Sestio, Pro Milone, Pro Marcello, Pro Ligario and Pro rege Deiotaro) of Cicero's life-work more profoundly from a legal and rhetorical view. Since they are oral pleadings and statements of defence, the order of procedure of penal adjudication in Cicero's age is first discussed. Thereafter the ten speeches are grouped according to the facts of the case that provide grounds for the charge, and the chronological order.
在他的专著中，Tamas Notari打算通过从法律和修辞的角度更深入地分析西塞罗一生工作中的十篇文本(Pro Roscio Amerino, Pro Cluentio, Pro Murena, Pro Plancio, Pro Caelio, Pro Sestio, Pro Milone, Pro Marcello, Pro Ligario和Pro rege Deiotaro)，来更深入地理解司法影响的运作机制。由于它们是口头答辩和辩护陈述，因此首先讨论西塞罗时代刑事审判的程序顺序。此后，这十篇演讲按照提供指控理由的案件事实和时间顺序进行分组。
{"title":"Tamás Nótári Handling of Facts and Forensic Tactics in Cicero's Defence Speeches","authors":"Magdolna Sič","doi":"10.17159/2411-7870/2015/V21N2A13","DOIUrl":"https://doi.org/10.17159/2411-7870/2015/V21N2A13","url":null,"abstract":"In his monograph Tamas Notari intends to get closer to understanding the mechanism of operation of forensic impact by analysing ten texts (Pro Roscio Amerino, Pro Cluentio, Pro Murena, Pro Plancio, Pro Caelio, Pro Sestio, Pro Milone, Pro Marcello, Pro Ligario and Pro rege Deiotaro) of Cicero's life-work more profoundly from a legal and rhetorical view. Since they are oral pleadings and statements of defence, the order of procedure of penal adjudication in Cicero's age is first discussed. Thereafter the ten speeches are grouped according to the facts of the case that provide grounds for the charge, and the chronological order.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126038773","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}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2016/V22N2A8
J. V. Niekerk
While trawling for material on the (Cape) Vice-Admiralty Court recently, I came across a reference to the following entry in the Tuesday 28 February 1854 number of the South African Commercial Advertiser and Cape Town Mail.
{"title":"The life and times of Cape Advocate Dirk Gysbert Reitz : a biographical note","authors":"J. V. Niekerk","doi":"10.17159/2411-7870/2016/V22N2A8","DOIUrl":"https://doi.org/10.17159/2411-7870/2016/V22N2A8","url":null,"abstract":"While trawling for material on the (Cape) Vice-Admiralty Court recently, I came across a reference to the following entry in the Tuesday 28 February 1854 number of the South African Commercial Advertiser and Cape Town Mail.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121382365","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}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2015/V21N1A8
J. V. Niekerk
Denis O'Bryen's appointment as marshal of the Vice-Admiralty Court at the Cape of Good Hope in 1806 resulted from his political activism in England during the preceding decades. It must be understood in the context of the system of colonial patent office appointments that operated at the time.
{"title":"Denis O'Bryen : (nominally) second marshal of the vice-admiralty court of the Cape of Good Hope 1806-1832","authors":"J. V. Niekerk","doi":"10.17159/2411-7870/2015/V21N1A8","DOIUrl":"https://doi.org/10.17159/2411-7870/2015/V21N1A8","url":null,"abstract":"Denis O'Bryen's appointment as marshal of the Vice-Admiralty Court at the Cape of Good Hope in 1806 resulted from his political activism in England during the preceding decades. It must be understood in the context of the system of colonial patent office appointments that operated at the time.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130313391","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}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2015/V21N2A6
A. Maffi
Taking inspiration from the opinion of HJ Wolff, the article examines the reasons that move the adversary of the speaker to seek the annulment of Trasilochos's will. According to Wolff, the request would be in accordance with a law of Aegina analogous to the law of Solon declaring a will invalid if the testator were declared out of mind, having been accused of writing a will under the influence of a woman. But in the speech only the sister and the mother of Trasilochos are mentioned, and it was certainly not this kind of women that were considered by Solon or the supposed law of Aegina. According to the author of this article the court should rather decide whether the sisters of a brother who had died without descendants should be considered epikleroi or not. In the first case a woman who presents herself as a daughter of Trasilochos will be entitled to obtain at least half of the inheritance of her father, thus removing it from the speaker's wife.
{"title":"Rileggendo l'eginetico di isocrate","authors":"A. Maffi","doi":"10.17159/2411-7870/2015/V21N2A6","DOIUrl":"https://doi.org/10.17159/2411-7870/2015/V21N2A6","url":null,"abstract":"Taking inspiration from the opinion of HJ Wolff, the article examines the reasons that move the adversary of the speaker to seek the annulment of Trasilochos's will. According to Wolff, the request would be in accordance with a law of Aegina analogous to the law of Solon declaring a will invalid if the testator were declared out of mind, having been accused of writing a will under the influence of a woman. But in the speech only the sister and the mother of Trasilochos are mentioned, and it was certainly not this kind of women that were considered by Solon or the supposed law of Aegina. According to the author of this article the court should rather decide whether the sisters of a brother who had died without descendants should be considered epikleroi or not. In the first case a woman who presents herself as a daughter of Trasilochos will be entitled to obtain at least half of the inheritance of her father, thus removing it from the speaker's wife.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132695742","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}
Pub Date : 1900-01-01DOI: 10.17159/2411-7870/2016/V22N1A3
HJ Erasmus
Hugo de Groot (1583-1645) is internationally known as the father of international law and also celebrated for his seminal work on the law of nature. The principal work of Johannes Voet (1647-1713) is his Commentarius ad Pandectas in which he expounds the modern law (the jus hodiernum) in the light of the Pandects of Roman law. In the first title of his Commentary, Voet briefly sets out his views on the foundations of natural law. He rejects the views of De Groot on this score as unacceptable. The purpose of this note is to trace the exposure of De Groot and Voet to the subtleties of the esoteric theological debates in Reformed (Calvinist) circles in seventeenth century Holland, and to highlight the theological background to their differing views on the source of the law of nature.
雨果·德·格鲁特(Hugo de Groot, 1583-1645)是国际公认的国际法之父，并因其在自然法方面的开创性工作而闻名。约翰内斯·沃特(1647-1713)的主要著作是他的《通论》(Commentarius and Pandectas)，其中他根据罗马法的通论阐述了现代法(jus hodiernum)。在《注释》的第一个标题中，沃特简要地阐述了他对自然法基础的看法。他反对德格鲁特在这一点上的观点，认为这是不可接受的。本文的目的是追溯德格鲁特和沃特在17世纪荷兰改革宗(加尔文主义)圈子中深奥神学辩论的微妙之处，并强调他们对自然法则来源的不同观点的神学背景。
{"title":"Natural law : Voet's criticism of De Groot","authors":"HJ Erasmus","doi":"10.17159/2411-7870/2016/V22N1A3","DOIUrl":"https://doi.org/10.17159/2411-7870/2016/V22N1A3","url":null,"abstract":"Hugo de Groot (1583-1645) is internationally known as the father of international law and also celebrated for his seminal work on the law of nature. The principal work of Johannes Voet (1647-1713) is his Commentarius ad Pandectas in which he expounds the modern law (the jus hodiernum) in the light of the Pandects of Roman law. In the first title of his Commentary, Voet briefly sets out his views on the foundations of natural law. He rejects the views of De Groot on this score as unacceptable. The purpose of this note is to trace the exposure of De Groot and Voet to the subtleties of the esoteric theological debates in Reformed (Calvinist) circles in seventeenth century Holland, and to highlight the theological background to their differing views on the source of the law of nature.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134044873","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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