In an attempt to revise the criminal laws, India has introduced three new criminal law bills in the Lok Sabha in August 2023, which later received a few recommendations from the parliamentary committee and recently got a nod from the President of India. These bills have been diligently formulated after consultation with the apex court, the high courts, some of the most renowned law universities in the country, and other experts in the field. However, there have been a lot of drafting errors in the new bills. Since the time it has been introduced, it has been highly criticized by all the scholars and lawyers across the nation. The idea of overhauling the criminal law acts was to go away from the colonial law provisions and frame the laws with Indian context. The IPC will be changed after around 163 years. However, the author believes that the colonial laws remain intact in the new bills. This article has seen all the changes that new bills are cringing providing special focus to the Bharatiya Nyaya Sahinta (BNS) and Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The author has mentioned all the changes brought in the BNS and BNSS and the critiques of the new bills.
{"title":"Revisiting Criminal Law Bills: An In-Depth Critical Analysis of Bharatiya Nyaya Sanhita Bill and Bharatiya Nagarik Suraksha Bill","authors":"Arushi Bajpai, Akash Gupta, Akshath Indusekhar","doi":"10.1093/slr/hmae043","DOIUrl":"https://doi.org/10.1093/slr/hmae043","url":null,"abstract":"In an attempt to revise the criminal laws, India has introduced three new criminal law bills in the Lok Sabha in August 2023, which later received a few recommendations from the parliamentary committee and recently got a nod from the President of India. These bills have been diligently formulated after consultation with the apex court, the high courts, some of the most renowned law universities in the country, and other experts in the field. However, there have been a lot of drafting errors in the new bills. Since the time it has been introduced, it has been highly criticized by all the scholars and lawyers across the nation. The idea of overhauling the criminal law acts was to go away from the colonial law provisions and frame the laws with Indian context. The IPC will be changed after around 163 years. However, the author believes that the colonial laws remain intact in the new bills. This article has seen all the changes that new bills are cringing providing special focus to the Bharatiya Nyaya Sahinta (BNS) and Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The author has mentioned all the changes brought in the BNS and BNSS and the critiques of the new bills.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"50 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142266549","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 25th of February 2024, four years since the first Act of Legislative Content of the Greek Government concerning the prevention and limitation of the spreading of coronavirus COVID-19 were completed. The regulatory production of this period is huge and has a series of unique characteristics with prevailing one the use of means of extraordinary legislation as foreseen in the Greek Constitution. All these measures are presented in a consolidated form in the “Special Administrative Codification of urgent regulatory measures to prevent and limit the spreading of coronavirus COVID-19 and to deal with relevant problems” under the short name of PANDEKTIS, conducted by the Department of Administrative Codifications – Raptarchis of the Secretariat General for Legal and Parliamentary Affairs of the Presidency of the Greek Government. The study of this monumental work gives rise to very interesting findings, about the way Hellenic Government handled the Pandemic crisis. This article presents the law-making process and the process of issuing secondary legislation during the Pandemic, its quantitative and qualitative characteristics with special comment on the fulfillment of the rules and principles of Better Regulation and discusses the use of administrative codification as a means of reflecting an holistic picture of the regulatory production during a period of crisis.
{"title":"Four Years of Anti-COVID-19 Regulations in Greece: Overview of the Legislative and Regulatory Process and of an Exemplary Administrative Codification","authors":"Vasiliki Ntalakou, Foteini Theodorakou, Ilias Karakatsanis, Pantelis Traianos","doi":"10.1093/slr/hmae042","DOIUrl":"https://doi.org/10.1093/slr/hmae042","url":null,"abstract":"In the 25th of February 2024, four years since the first Act of Legislative Content of the Greek Government concerning the prevention and limitation of the spreading of coronavirus COVID-19 were completed. The regulatory production of this period is huge and has a series of unique characteristics with prevailing one the use of means of extraordinary legislation as foreseen in the Greek Constitution. All these measures are presented in a consolidated form in the “Special Administrative Codification of urgent regulatory measures to prevent and limit the spreading of coronavirus COVID-19 and to deal with relevant problems” under the short name of PANDEKTIS, conducted by the Department of Administrative Codifications – Raptarchis of the Secretariat General for Legal and Parliamentary Affairs of the Presidency of the Greek Government. The study of this monumental work gives rise to very interesting findings, about the way Hellenic Government handled the Pandemic crisis. This article presents the law-making process and the process of issuing secondary legislation during the Pandemic, its quantitative and qualitative characteristics with special comment on the fulfillment of the rules and principles of Better Regulation and discusses the use of administrative codification as a means of reflecting an holistic picture of the regulatory production during a period of crisis.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"49 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142266675","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}
Despite apparent agreement on the approach to the interpretation of statutes in Canada, a system of limited parliamentary sovereignty, judges differ on a fundamental point: how purpose is used in interpretation. Some judges craft arguments that view the text as the medium through which the legislature expresses its intention, using purpose to shed light on the meaning of the text in defined ways (‘text-as-medium’ interpretation). Others see the background purposes or values of the statutory context as binding constraints in a coherent legal order, with text as merely a signal to meaning (‘purpose-as-medium’ interpretation). This paper argues that text-as-medium interpretation offers the most persuasive account of the use of purpose in interpretation, especially in a system of legislative sovereignty, which constrains interpretive choice. By bringing to light the commitments of these two interpretive arguments in the Canadian context for the first time, the paper also raises deeper normative questions about how to view legislation in a Westminster parliamentary democracy. These questions are fundamental to the relationship between sovereign legislatures and courts.
{"title":"Two Uses of Purpose in Statutory Interpretation","authors":"Mark P Mancini","doi":"10.1093/slr/hmae040","DOIUrl":"https://doi.org/10.1093/slr/hmae040","url":null,"abstract":"Despite apparent agreement on the approach to the interpretation of statutes in Canada, a system of limited parliamentary sovereignty, judges differ on a fundamental point: how purpose is used in interpretation. Some judges craft arguments that view the text as the medium through which the legislature expresses its intention, using purpose to shed light on the meaning of the text in defined ways (‘text-as-medium’ interpretation). Others see the background purposes or values of the statutory context as binding constraints in a coherent legal order, with text as merely a signal to meaning (‘purpose-as-medium’ interpretation). This paper argues that text-as-medium interpretation offers the most persuasive account of the use of purpose in interpretation, especially in a system of legislative sovereignty, which constrains interpretive choice. By bringing to light the commitments of these two interpretive arguments in the Canadian context for the first time, the paper also raises deeper normative questions about how to view legislation in a Westminster parliamentary democracy. These questions are fundamental to the relationship between sovereign legislatures and courts.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"6 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142225160","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 UK Environment Act 2021 presents a valuable case study of the importance and challenges of protecting foundational freedoms in the context of complex and ambiguous environmental legislation. This article argues that the common law principle of legality provides a vital tool for courts to uphold rights imperilled by climate volatility and environmental decline by presuming against rights-infringing interpretations of environmental statutes. Analysing key provisions of the Act and its associated Parliamentary processes, the article focuses on areas such as statutory language clarity, the scope of executive powers, and the framework for public participation. It explores how the principle of legality and other interpretive approaches could help to resolve these issues and ensure the Act is applied in a way that promotes environmental accountability. The article argues that the principle of legality has a crucial role to play in ensuring environmental law delivers on its promise to protect both the environment and foundational freedoms.
{"title":"Climate Volatility, Foundational Freedoms, and the Environment Act 2021: The Transformative Potential of the Principle of Legality","authors":"Ben Chester Cheong","doi":"10.1093/slr/hmae038","DOIUrl":"https://doi.org/10.1093/slr/hmae038","url":null,"abstract":"The UK Environment Act 2021 presents a valuable case study of the importance and challenges of protecting foundational freedoms in the context of complex and ambiguous environmental legislation. This article argues that the common law principle of legality provides a vital tool for courts to uphold rights imperilled by climate volatility and environmental decline by presuming against rights-infringing interpretations of environmental statutes. Analysing key provisions of the Act and its associated Parliamentary processes, the article focuses on areas such as statutory language clarity, the scope of executive powers, and the framework for public participation. It explores how the principle of legality and other interpretive approaches could help to resolve these issues and ensure the Act is applied in a way that promotes environmental accountability. The article argues that the principle of legality has a crucial role to play in ensuring environmental law delivers on its promise to protect both the environment and foundational freedoms.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"69 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142195621","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}
Oleg Yaroshenko, Tetyana Kaganovska, Viktoriia Sheverdina, Andrey Sliusar, Oleh Rozhnov
The protection of athletes’ rights in international sports organizations is important and relevant in the modern world. This concerns numerous aspects, including the protection of athletes’ dignity, physical and psychological health, equality and non-discrimination, fair competition, transparency and accountability in the management of sports organizations, and the promotion of sport itself. These aspects, as well as the role of sport in society, the development of sport and its impact on other areas of life, make the study of athletes’ rights protection an essential task that helps to shape a fair and ethical sporting environment in the modern world. In this article, the authors reviewed various aspects of athletes’ rights protection in international sports organizations, analyzed their history and development, studied international standards and documents regulating this issue, and considered specific athletes’ rights, including through the analysis of practical cases. They also examined the challenges and problems faced by athletes and proposed measures to improve the situation and strengthen the protection of their rights. This article aims to emphasize the importance of ensuring the rights of athletes as a prerequisite for the stable and fair development of modern sport, as well as a necessary component of the global sports community.
{"title":"Protection of Athletes’ Rights in International Sports Organizations","authors":"Oleg Yaroshenko, Tetyana Kaganovska, Viktoriia Sheverdina, Andrey Sliusar, Oleh Rozhnov","doi":"10.1093/slr/hmae041","DOIUrl":"https://doi.org/10.1093/slr/hmae041","url":null,"abstract":"The protection of athletes’ rights in international sports organizations is important and relevant in the modern world. This concerns numerous aspects, including the protection of athletes’ dignity, physical and psychological health, equality and non-discrimination, fair competition, transparency and accountability in the management of sports organizations, and the promotion of sport itself. These aspects, as well as the role of sport in society, the development of sport and its impact on other areas of life, make the study of athletes’ rights protection an essential task that helps to shape a fair and ethical sporting environment in the modern world. In this article, the authors reviewed various aspects of athletes’ rights protection in international sports organizations, analyzed their history and development, studied international standards and documents regulating this issue, and considered specific athletes’ rights, including through the analysis of practical cases. They also examined the challenges and problems faced by athletes and proposed measures to improve the situation and strengthen the protection of their rights. This article aims to emphasize the importance of ensuring the rights of athletes as a prerequisite for the stable and fair development of modern sport, as well as a necessary component of the global sports community.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"41 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142195620","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 Scottish Government has taken steps to revolutionise its body of law on ‘trust and succession’ and housing. The recent Trusts and Succession (Scotland) Act 2024 has severally impacted the issues of appointment and removal of trustees, fiduciary duties of trustees, rights of beneficiaries, and Environmental, Social, and Governance (ESG) investments in Scotland; while the proposed new Housing (Scotland) Bill 2024 has the proclivity of influencing rent, rent control areas, eviction and homelessness in Scotland. Accordingly, this paper focuses on exploring the potential impacts of these legislative reforms on the lives of the Scottish people. Do they ‘make’ or ‘mar’ the proprietary rights of the Scottish people? Are all the provisions useful to Scotland’s rental market? Will the proposed ‘ask and act’ approach address homelessness in Scotland? This paper will also be important to jurisdictions that may intend to modernise their property law and housing regimes.
{"title":"Scotland in the Forefront of Property Law Reforms in the UK: Potential Implications for the Scottish People","authors":"Goodtime Chimnecherem Okara","doi":"10.1093/slr/hmae037","DOIUrl":"https://doi.org/10.1093/slr/hmae037","url":null,"abstract":"The Scottish Government has taken steps to revolutionise its body of law on ‘trust and succession’ and housing. The recent Trusts and Succession (Scotland) Act 2024 has severally impacted the issues of appointment and removal of trustees, fiduciary duties of trustees, rights of beneficiaries, and Environmental, Social, and Governance (ESG) investments in Scotland; while the proposed new Housing (Scotland) Bill 2024 has the proclivity of influencing rent, rent control areas, eviction and homelessness in Scotland. Accordingly, this paper focuses on exploring the potential impacts of these legislative reforms on the lives of the Scottish people. Do they ‘make’ or ‘mar’ the proprietary rights of the Scottish people? Are all the provisions useful to Scotland’s rental market? Will the proposed ‘ask and act’ approach address homelessness in Scotland? This paper will also be important to jurisdictions that may intend to modernise their property law and housing regimes.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"30 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141934839","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 present paper, we analyze good lawmaking under the general aspect of democracy and accountability. We present briefly the procedure of lawmaking and accountability under the direct democracy of ancient Athens during the Classical times (508–323 BC), giving one characteristic example, followed with a comparison with modern lawmaking under representative democracy. We argue that accountability in present-day democracies has three drawbacks, that are related to (i) the principal-agent problem, (ii) the fact that accountability is only periodic since elections are held every four years (iii) the information asymmetry between government and citizens, which makes difficult for citizens to understand the issues (regarding lawmaking) in depth or hold a government accountable for its actions and decisions on various matters. We explain how the ancient Athenian democrats dealt effectively with these institutional inconsistencies. We finally conclude by offering some proposals for improving the quality of democracy nowadays, inspired by the functioning of the Athenian-related institutions.
{"title":"Good Lawmaking, Democracy, and Accountability","authors":"Emmanouil M L Economou, Nicholas C Kyriazis","doi":"10.1093/slr/hmae034","DOIUrl":"https://doi.org/10.1093/slr/hmae034","url":null,"abstract":"In the present paper, we analyze good lawmaking under the general aspect of democracy and accountability. We present briefly the procedure of lawmaking and accountability under the direct democracy of ancient Athens during the Classical times (508–323 BC), giving one characteristic example, followed with a comparison with modern lawmaking under representative democracy. We argue that accountability in present-day democracies has three drawbacks, that are related to (i) the principal-agent problem, (ii) the fact that accountability is only periodic since elections are held every four years (iii) the information asymmetry between government and citizens, which makes difficult for citizens to understand the issues (regarding lawmaking) in depth or hold a government accountable for its actions and decisions on various matters. We explain how the ancient Athenian democrats dealt effectively with these institutional inconsistencies. We finally conclude by offering some proposals for improving the quality of democracy nowadays, inspired by the functioning of the Athenian-related institutions.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"41 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141934840","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 Bharatiya Nyaya Sanhita (BNS) of 2023 replaces the existing Indian Penal Code (IPC) of 1860 as the primary penal law of India. The new BNS offers a potential pathway for the reformation of the legal landscape concerning gender-based offences in India. This paper analyzes all such changes introduced in the BNS (relating to provisions of gender-related offenses such as adultery, assault, cruelty, domestic violence, rape, sex trafficking, etc.) by comparing them to the previous Indian Penal Code (IPC, 1860). This paper explores the new bill’s potential to address long-standing gender inequalities in the existing code. It also assesses its limitations and suggests areas for improvement. In doing so, it also emphasizes the importance of recognizing and protecting LGBTQIA+ rights within the legal framework.
{"title":"A Comparative Study of the Indian Penal Code and the Bharatiya Nyaya Sanhita’s Gender-related Provisions","authors":"Himanshu Shrivastava, Sabeeh Akhter","doi":"10.1093/slr/hmae033","DOIUrl":"https://doi.org/10.1093/slr/hmae033","url":null,"abstract":"The Bharatiya Nyaya Sanhita (BNS) of 2023 replaces the existing Indian Penal Code (IPC) of 1860 as the primary penal law of India. The new BNS offers a potential pathway for the reformation of the legal landscape concerning gender-based offences in India. This paper analyzes all such changes introduced in the BNS (relating to provisions of gender-related offenses such as adultery, assault, cruelty, domestic violence, rape, sex trafficking, etc.) by comparing them to the previous Indian Penal Code (IPC, 1860). This paper explores the new bill’s potential to address long-standing gender inequalities in the existing code. It also assesses its limitations and suggests areas for improvement. In doing so, it also emphasizes the importance of recognizing and protecting LGBTQIA+ rights within the legal framework.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"55 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141779828","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}
Any society is governed by a set of laws. In modern democratic nations, especially nations governed by post-war constitutions, such laws are enacted by an elected legislature. The legislature is bound by the constitution itself, both in procedure and in substance. In India, such protection exists in the forms of legislative competence, fundamental rights, and other provisions of the constitution. However, India lacks a direct say of the people in the law-making process which governs the citizenry. The recent controversy in India, including the farm laws reform undertaken in 2020, highlights the need for the participation of stakeholders, experts, and the public in general in the law-making process. The Supreme Court of India has interpreted the right to participation in a limited sense and majorly in cases relating to environmental pollution. There exists a lacuna in the rights-based framework with respect to the right to participate in law-making. India has had a Pre-Legislative Consultation Policy in place since 2014 that mandates publishing the bill thirty days prior to introduction in the parliament for public comments. However, data reflects disregard of the policy by the Government. Furthermore, there is a downward trend in the number of bills being referred to parliamentary committees for scrutiny. This impacts negatively in two ways—first, leading to a lacuna in legislative drafting, and second, depriving the stakeholder and public of the opportunity to submit their comments on a bill under consideration. The extra-parliamentary avenues like the Law Commission of India, which have a significant impact on the legal framework in the country, are under a shadow. The authors argue that there is a need to incorporate a binding consultation policy ensuring public consultation in the process of law-making. This will have both an intrinsic as well as instrumental value.
{"title":"Towards A Participatory Democracy—A Case For Inclusive Public Participation In Law-Making","authors":"Sayantani Bagchi, Prakhar Raghuvanshi","doi":"10.1093/slr/hmae029","DOIUrl":"https://doi.org/10.1093/slr/hmae029","url":null,"abstract":"Any society is governed by a set of laws. In modern democratic nations, especially nations governed by post-war constitutions, such laws are enacted by an elected legislature. The legislature is bound by the constitution itself, both in procedure and in substance. In India, such protection exists in the forms of legislative competence, fundamental rights, and other provisions of the constitution. However, India lacks a direct say of the people in the law-making process which governs the citizenry. The recent controversy in India, including the farm laws reform undertaken in 2020, highlights the need for the participation of stakeholders, experts, and the public in general in the law-making process. The Supreme Court of India has interpreted the right to participation in a limited sense and majorly in cases relating to environmental pollution. There exists a lacuna in the rights-based framework with respect to the right to participate in law-making. India has had a Pre-Legislative Consultation Policy in place since 2014 that mandates publishing the bill thirty days prior to introduction in the parliament for public comments. However, data reflects disregard of the policy by the Government. Furthermore, there is a downward trend in the number of bills being referred to parliamentary committees for scrutiny. This impacts negatively in two ways—first, leading to a lacuna in legislative drafting, and second, depriving the stakeholder and public of the opportunity to submit their comments on a bill under consideration. The extra-parliamentary avenues like the Law Commission of India, which have a significant impact on the legal framework in the country, are under a shadow. The authors argue that there is a need to incorporate a binding consultation policy ensuring public consultation in the process of law-making. This will have both an intrinsic as well as instrumental value.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"61 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141530050","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 research aims to determine the role that Roman law played in the development of modern jurisprudence. Several methods of theoretical cognition were used in the course of the study, such as analysis, synthesis, comparison, specification, and generalization. As a result, some conclusions have been reached, in particular, that the mechanisms and principles of the Roman legal order, which have existed for many centuries, remain relevant in the modern legal context, and have influenced the formation of political and institutional structures, especially in the field of market relations and economic development. In addition, the study identifies how different branches of Roman law have influenced the further development of jurisprudence. Roman public law (ius publicum) influenced the development of constitutional law in modern countries by regulating relations between the state and citizens. Roman private law (ius privatum) defined the foundations of modern civil law systems, regulating the rights and obligations of citizens among themselves. Also, with the development of trade in Rome, the concept of ius gentium or “law of nations” emerged, which became the basis of modern international law through the formalization of rules and regulations governing the international exchange and circulation of goods.
{"title":"The Role of Roman Law in the Formation of the State and Modern Law","authors":"Erida Pejo, Esmeralda Kolaneci","doi":"10.1093/slr/hmae027","DOIUrl":"https://doi.org/10.1093/slr/hmae027","url":null,"abstract":"The research aims to determine the role that Roman law played in the development of modern jurisprudence. Several methods of theoretical cognition were used in the course of the study, such as analysis, synthesis, comparison, specification, and generalization. As a result, some conclusions have been reached, in particular, that the mechanisms and principles of the Roman legal order, which have existed for many centuries, remain relevant in the modern legal context, and have influenced the formation of political and institutional structures, especially in the field of market relations and economic development. In addition, the study identifies how different branches of Roman law have influenced the further development of jurisprudence. Roman public law (ius publicum) influenced the development of constitutional law in modern countries by regulating relations between the state and citizens. Roman private law (ius privatum) defined the foundations of modern civil law systems, regulating the rights and obligations of citizens among themselves. Also, with the development of trade in Rome, the concept of ius gentium or “law of nations” emerged, which became the basis of modern international law through the formalization of rules and regulations governing the international exchange and circulation of goods.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2024-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141196874","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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