Through a special examination of some features of the text commonly referred to as Fragmentum Dositheanum, the author argues that, despite the reference in a paragraph to the knowledge of ‘regulae’, the classical jurisprudential work from which the fragment is taken was not a book of regulae, but an elementary work of a close scholastic nature; moreover, according to the author, this scholastic work might be Gaius’ Res cottidianae.
{"title":"Sul cd. Fragmentum Dositheanum","authors":"Giuseppe Falcone","doi":"10.30682/specula0101h","DOIUrl":"https://doi.org/10.30682/specula0101h","url":null,"abstract":"Through a special examination of some features of the text commonly referred to as Fragmentum Dositheanum, the author argues that, despite the reference in a paragraph to the knowledge of ‘regulae’, the classical jurisprudential work from which the fragment is taken was not a book of regulae, but an elementary work of a close scholastic nature; moreover, according to the author, this scholastic work might be Gaius’ Res cottidianae.","PeriodicalId":381311,"journal":{"name":"VOL. 1 N. 1 (2021)","volume":"324 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":"122977128","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}
According to traditional Roman views, the close relationship between testator and heir obliges the latter to fulfil various expectations. The general obligations which arise from principles such as fides and pietas are reinforced by the two parties’ special relationship and resulting duties. In time the heir’s amplified duties partly influenced the law. The heir remains liable to the deceased testator because the position of successor goes rightfully to whoever deserves it and who subsequently must prove himself worthy. The establishment of the aforementioned relationship manifests itself in the handover of the ring on the deathbed. It does not make an heir of the recipient; instead, it uniquely symbolises the ambivalence of inheritance according to the pre-classical mindset. Thus, the ring stands for power and commitment at the same time, for authority and obligation alike.
{"title":"Et isto me heredem fecit. La consegna dell’anello nel contesto della successione romana","authors":"Martin Avenarius","doi":"10.30682/specula0101b","DOIUrl":"https://doi.org/10.30682/specula0101b","url":null,"abstract":"According to traditional Roman views, the close relationship between testator and heir obliges the latter to fulfil various expectations. The general obligations which arise from principles such as fides and pietas are reinforced by the two parties’ special relationship and resulting duties. In time the heir’s amplified duties partly influenced the law. The heir remains liable to the deceased testator because the position of successor goes rightfully to whoever deserves it and who subsequently must prove himself worthy. The establishment of the aforementioned relationship manifests itself in the handover of the ring on the deathbed. It does not make an heir of the recipient; instead, it uniquely symbolises the ambivalence of inheritance according to the pre-classical mindset. Thus, the ring stands for power and commitment at the same time, for authority and obligation alike.","PeriodicalId":381311,"journal":{"name":"VOL. 1 N. 1 (2021)","volume":"108 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":"116303462","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}
Was the constitutio Antoniniana enacted to establish a cosmopolis or to solve a dramatic financial liquidity problem? The joint examination of two texts – one by Cassius Dio, the other by the Ulpian’s Institutes – suggests that Caracalla decided to speed things up by granting citizeship to all the inhabitants of the Empire to increase tax revenues. However, the need to finance the aerarium militare and to pay, in this way, the praemia to the veterans, does not exclude the possibility that Caracalla cultivated, at the same time, the project of establishing, in the entire ecumene, a single civitas. In any case, contestually to the issuing of constitutio de civitate, Caracalla subverted the political line followed, for more than a century, by his predecessors. Not only did he avoid granting to the new Aurelii, that is the new citizens, the so-called cognationis iura, but he also restricted the scope of this provision to those who had already been counted among the cives for a long time, by subjecting as many people as possible to the payment of the inheritance tax (decima hereditatium).
{"title":"Ideali universalistici o fiscalismo imperiale? Decima hereditatium e constitutio Antoniniana de civitate","authors":"V. Marotta","doi":"10.30682/specula010e","DOIUrl":"https://doi.org/10.30682/specula010e","url":null,"abstract":"Was the constitutio Antoniniana enacted to establish a cosmopolis or to solve a dramatic financial liquidity problem? The joint examination of two texts – one by Cassius Dio, the other by the Ulpian’s Institutes – suggests that Caracalla decided to speed things up by granting citizeship to all the inhabitants of the Empire to increase tax revenues. However, the need to finance the aerarium militare and to pay, in this way, the praemia to the veterans, does not exclude the possibility that Caracalla cultivated, at the same time, the project of establishing, in the entire ecumene, a single civitas. In any case, contestually to the issuing of constitutio de civitate, Caracalla subverted the political line followed, for more than a century, by his predecessors. Not only did he avoid granting to the new Aurelii, that is the new citizens, the so-called cognationis iura, but he also restricted the scope of this provision to those who had already been counted among the cives for a long time, by subjecting as many people as possible to the payment of the inheritance tax (decima hereditatium).","PeriodicalId":381311,"journal":{"name":"VOL. 1 N. 1 (2021)","volume":"64 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":"126605910","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 law of the Catholic Church, the ius canonicum, after the consolidation of the apostolic tradition and the emergence of the monarchical episcopate, has been formally structured mostly thanks to the decisions of the ecumenical councils. Despite the authority of the Roman law, in the 5th century C.E. and in particular on the basis of the decisions of the Council of Chalcedon (a. 451), a strong interaction between canones and leges was established: such reciprocal exchanges were balanced by an absolute autonomy in the respective spheres of competence of ius canonicum and ius saeculare.
{"title":"Ius principale e canones: un incrocio funzionale tra fonti del diritto tardoantico","authors":"Elio Dovere","doi":"10.30682/specula0101c","DOIUrl":"https://doi.org/10.30682/specula0101c","url":null,"abstract":"The law of the Catholic Church, the ius canonicum, after the consolidation of the apostolic tradition and the emergence of the monarchical episcopate, has been formally structured mostly thanks to the decisions of the ecumenical councils. Despite the authority of the Roman law, in the 5th century C.E. and in particular on the basis of the decisions of the Council of Chalcedon (a. 451), a strong interaction between canones and leges was established: such reciprocal exchanges were balanced by an absolute autonomy in the respective spheres of competence of ius canonicum and ius saeculare.","PeriodicalId":381311,"journal":{"name":"VOL. 1 N. 1 (2021)","volume":"95 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":"121202639","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}
This article provides a general outlook on the survival of Roman law in the Byzantine empire by the means of the use of Latin language terms by the Byzantine jurisprudence in different moments of its history, especially in the so called Eisagoge, a law book written at the end of 9th century and attributed to the patriarch Photios.
{"title":"La pervivencia del derecho romano en Bizancio. Una nota a partir del uso del latinismos en algunas fuentes iurídicas bizantinas","authors":"F. J. A. Santos","doi":"10.30682/specula0101f","DOIUrl":"https://doi.org/10.30682/specula0101f","url":null,"abstract":"This article provides a general outlook on the survival of Roman law in the Byzantine empire by the means of the use of Latin language terms by the Byzantine jurisprudence in different moments of its history, especially in the so called Eisagoge, a law book written at the end of 9th century and attributed to the patriarch Photios.","PeriodicalId":381311,"journal":{"name":"VOL. 1 N. 1 (2021)","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":"128844022","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}
Jean Domats’ legal work is inspired by the religious orientations of Jansenism. Domat supported the positions of the group of Port Royal and of the philosopher Blaise Pascal in the battle against the Jesuits. In the general theory of norms, in the five books of Lois civiles dans leur ordre naturel, he proposes an arrangement of private law in force in France during the last decades of the seventeenth century. In Droit Public he deals with political organization. The Roman law of tradition is the starting point of his theoretical work. The image of ‘civil society’ outlined in his writings has a theological foundation. The obligations that govern collective life correspond to the divine plan. From God’s will derive the composition of selfishness, the natural equality that governs contracts and the differentiations between personal statuses. Modern forms of exchange coexist with feudal remnants of subordination, and he illustrates the legal forms of this interweaving, distinguishing lois immuables from arbitrary laws. The idea that legal science must have an unquestionable basis, a dogmatic component, central to the pages of Domat, will return several times in the European culture of later centuries. It will be the basis of contemporary civil law doctrines.
Jean Domats的法律工作受到詹森主义宗教取向的启发。在与耶稣会士的斗争中，多马特支持皇家港口组织和哲学家布莱兹·帕斯卡的立场。在规范的一般理论中，在《文明法》的五本书中，他提出了一种17世纪最后几十年法国私法的安排。在《公法》一书中，他处理政治组织问题。传统的罗马法是他理论工作的出发点。他在著作中勾勒的“市民社会”形象有其神学基础。支配集体生活的义务与神的计划相一致。从上帝的意志中衍生出自私的成分，支配契约和个人地位差别的自然平等。现代形式的交换与封建残余的从属共存，他说明了这种交织的法律形式，区分了不可变法和专断法。法学必须有一个不容置疑的基础，一个教条式的组成部分，这是《Domat》的核心内容，这种观点在后来几个世纪的欧洲文化中多次出现。它将成为当代民法理论的基础。
{"title":"La teologia giuridica di Jean Domat","authors":"M. Brutti","doi":"10.30682/specula0101g","DOIUrl":"https://doi.org/10.30682/specula0101g","url":null,"abstract":"Jean Domats’ legal work is inspired by the religious orientations of Jansenism. Domat supported the positions of the group of Port Royal and of the philosopher Blaise Pascal in the battle against the Jesuits. In the general theory of norms, in the five books of Lois civiles dans leur ordre naturel, he proposes an arrangement of private law in force in France during the last decades of the seventeenth century. In Droit Public he deals with political organization. The Roman law of tradition is the starting point of his theoretical work. The image of ‘civil society’ outlined in his writings has a theological foundation. The obligations that govern collective life correspond to the divine plan. From God’s will derive the composition of selfishness, the natural equality that governs contracts and the differentiations between personal statuses. Modern forms of exchange coexist with feudal remnants of subordination, and he illustrates the legal forms of this interweaving, distinguishing lois immuables from arbitrary laws. The idea that legal science must have an unquestionable basis, a dogmatic component, central to the pages of Domat, will return several times in the European culture of later centuries. It will be the basis of contemporary civil law doctrines.","PeriodicalId":381311,"journal":{"name":"VOL. 1 N. 1 (2021)","volume":"45 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":"130274718","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 collection of the Kórnik Library includes the digestum vestus manuscript, the uniqueness of which is emphasized by art historians. There are two main reasons why it is unique. Firstly, because of the number of illuminations in the legal manuscript. Secondly, because of the confirmed fact that relevant part of illuminations was implementing an illustrative program. The paper starts with presenting the history of the manuscript. The main part of the paper focuses on the issues if and how the illustrative program has reflected the medieval teaching method based on the first 24 books of Justinian’s Digest (digestum vetus). The analysis of allocating the illuminations and links between illuminations and specific legal issues give rise to recognizing the main features of this method: central role of the tort (aquilian) liability, semi-systemic approach to the formation and performance of contract and marginal role of the texts related to legal method and general concepts of law at the beginning of the Digest. This hypothesis formulated on the basis of one, unique manuscript should inspire further debate about the fragmentary pragmatic nature of medieval law teaching based on the Digest.
{"title":"Die Handschrift des Digestum vetus aus der Bibliothek in Kórnik (BK 824). Vom ikonographischen Programm der mittelalterlichen Künstler zur Hypothese über die Unterrichtsmethode","authors":"Wojciech Dajczak","doi":"10.30682/specula0101d","DOIUrl":"https://doi.org/10.30682/specula0101d","url":null,"abstract":"The collection of the Kórnik Library includes the digestum vestus manuscript, the uniqueness of which is emphasized by art historians. There are two main reasons why it is unique. Firstly, because of the number of illuminations in the legal manuscript. Secondly, because of the confirmed fact that relevant part of illuminations was implementing an illustrative program. The paper starts with presenting the history of the manuscript. The main part of the paper focuses on the issues if and how the illustrative program has reflected the medieval teaching method based on the first 24 books of Justinian’s Digest (digestum vetus). The analysis of allocating the illuminations and links between illuminations and specific legal issues give rise to recognizing the main features of this method: central role of the tort (aquilian) liability, semi-systemic approach to the formation and performance of contract and marginal role of the texts related to legal method and general concepts of law at the beginning of the Digest. This hypothesis formulated on the basis of one, unique manuscript should inspire further debate about the fragmentary pragmatic nature of medieval law teaching based on the Digest.","PeriodicalId":381311,"journal":{"name":"VOL. 1 N. 1 (2021)","volume":"27 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":"132396967","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 balance that constitutions must find between tradition and innovation is a complex issue. Respect for the tradition is essential to signal the continuity of the political community; the planning of innovation is essential to signal the break with a constitutional order overwhelmed by history. Examples of such a difficult balance are countless (particularly significant is that of the Confederate States of America) and can easily understood by studying the evolution of political symbols, especially in times of constitutional transition. The issue of the balance between tradition and innovation is studied here with particular reference to the constitutions of the twentieth century.
{"title":"Innovazione e tradizione nelle costituzioni del Novecento. Note preliminari","authors":"M. Luciani","doi":"10.30682/specula0101a","DOIUrl":"https://doi.org/10.30682/specula0101a","url":null,"abstract":"The balance that constitutions must find between tradition and innovation is a complex issue. Respect for the tradition is essential to signal the continuity of the political community; the planning of innovation is essential to signal the break with a constitutional order overwhelmed by history. Examples of such a difficult balance are countless (particularly significant is that of the Confederate States of America) and can easily understood by studying the evolution of political symbols, especially in times of constitutional transition. The issue of the balance between tradition and innovation is studied here with particular reference to the constitutions of the twentieth century.","PeriodicalId":381311,"journal":{"name":"VOL. 1 N. 1 (2021)","volume":"16 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":"116750311","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：