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Journal articles on the topic 'Papal rule'
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1
Twyman, Susan. "Papal Adventus at Rome in the Twelfth Century." Historical Research 69, no. 170 (October 1, 1996): 233–53. http://dx.doi.org/10.1111/j.1468-2281.1996.tb01856.x.
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AbstractThe vitae of the 12th-century popes and other literary sources contain references to reception ceremonies performed to honour a pope arriving at Rome. For the papacy these events were a part of its imitatio imperii, a conscious imitation of the antique imperial ceremony of adventus, and an opportunity for the Romans to express their consent to papal rule. But detailed investigation reveals the hitherto unnoticed fact that these ceremonies almost invariably occurred at times of transition and upheaval such as when a papal election had been disrupted or contested, or after popular rebellion against papal rule. Under such circumstances adventus was performed as part of the process of reconciliation between the pope and the Romans.
2
Hunt, John M. "Ritual Time and Popular Expectations of Papal Rule in Early Modern Rome." Explorations in Renaissance Culture 45, no. 1 (April 25, 2019): 29–49. http://dx.doi.org/10.1163/23526963-04501003.
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The political and ritual life of early modern Rome provided its inhabitants ample opportunities not only to express grievances with papal government but also to voice expectations of newly elected pontiffs. Three ritual moments in particular—each linked as a cycle related to the pope’s reign—looked toward the future. These were the papal election, the possesso (the newly elected pontiff’s procession to San Giovanni in Laterano), and the pope’s death. As the papal election commenced in the conclave, Romans communicated their hopes for a pontiff who would adhere to a traditional moral economy by keeping the city abundantly supplied with grain and other foodstuffs. The ceremonies connected to the possesso reinforced these concerns; during the pope’s procession from Saint Peter’s to San Giovanni, the people greeted him with placards, statues, and ritual shouts, which reminded him to uphold this sacred duty. A pope who failed to abide by this moral economy faced popular discontent. This took the form of murmuring and pasquinades that wished for his imminent death, thus anticipating an end to his odious reign and to the future freedoms of the vacant see, a time in which the machinery of papal government and justice halted, allowing the people to vocalize their anger. Immediately on the heels of the pope’s death came the papal election, starting the cycle anew. This paper will argue that the rhythms of papal government enabled the people to articulate their expectations of papal rule, both present and future, grounded in traditional paternalism.
3
McKitterick, Rosamond. "The Popes as Rulers of Rome in the Aftermath of Empire, 476–769." Studies in Church History 54 (May 14, 2018): 71–95. http://dx.doi.org/10.1017/stc.2017.5.
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This article explores the degree to which the rule and style of the bishops of Rome after the deposition of the last Roman emperor in the West in 476 had any imperial elements, in the light of the evidence contained within the Liber pontificalis. Papal rule in Rome was cast as a replacement of imperial rule in religious matters, an opportunity for the bishop to assume political responsibility and also a deliberate emulation of imperial behaviour. This is manifest above all in the textual record in the Liber pontificalis of the papal embellishment of Rome, and in the physical evidence of the extant basilicas of the city. The deliberately imperial elements of papal self-presentation and the importance of Rome's primacy, apostolic succession and orthodoxy, all articulated so emphatically within the Liber pontificalis, indicate the multitude of strands by which the papacy wove the fabric of its own imperium or power.
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Monticelli, Cecilia, Andrea Balbo, Carmela Vaccaro, Maria Teresa Gulinelli, and Gian Luca Garagnani. "Archaeometric study on minting dies produced under papal rule in Ferrara." Applied Physics A 113, no. 4 (May 8, 2013): 1029–38. http://dx.doi.org/10.1007/s00339-013-7731-2.
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Ene, Ionel. "Sfântul Benedict de Nursia. Impactul vieții și regulilor sale asupra civilizației europene de astăzi." Teologie și educație la "Dunărea de Jos" 17 (June 12, 2019): 347–65. http://dx.doi.org/10.35219/teologie.2019.15.
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St. Benedict of Nursia was organizer of Western monasticism, born in 480 in Nursia – Ombria, Italy today and passed away in 547, at Monte – Casino near Rome. Influenced by the monastic rules of St. Basil the Great and spiritual conversations of St. John Cassian, St. Benedict organized Western monasticism, requiring a specific discipline and ascetic life. Rule monks, such work is called St. Benedict of Nursia is more a treatise on life than a regulation or rule. Ninth century Benedict of Aniane reformulating Rule monks of Western monasticism shifted to the sacred, to the detriment of practice or work and founded the Benedictine order. The fruit of this way of life was the birth monastery Cluny monastery, which was to play an important role in Western monastic life and papal history. Numerous Benedictine monasteries scattered around the world have played and still play an important role in the history and culture of the Church and beyond.
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Kertzer, David I. "The lost cause: failed French ultimata and the restoration of papal rule in Rome in 1849." Journal of Modern Italian Studies 22, no. 5 (October 20, 2017): 555–70. http://dx.doi.org/10.1080/1354571x.2017.1389519.
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Ocker, Christopher. "Augustine, Episcopal Interests, and the Papacy in Late Roman Africa." Journal of Ecclesiastical History 42, no. 2 (April 1991): 179–201. http://dx.doi.org/10.1017/s002204690000004x.
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The bishops of Roman Africa vacillated in their relations with the papacy in the three decades preceding the Vandal invasion and, more specifically, during the papacies of Innocent, Zosimus, Boniface, and Coelestine. Theyseemed grossly inconsistent, first praising papal authority, then curbing its ability to influence African jurisdiction. In synodal letters of 416 associated with the Pelagian controversy, the bishops exalted Roman authority, even ascribing to the pope a ‘greate dignity’ and a ‘special gift of grace’. An additional private letter of five African bishops contrasted the African ‘brook’ with the Roman ‘spring’. Augustine also acknowledged the special authority of Rome. These were no mere effusions of polite speech. The Africans intended to sway a papal hand in their campaign against Pelagius and his supporters by seeking papal approbation of their condemnations of Pelagianism. The Council of Sardica and Roman law had earlier granted the papacy the authority to function as a ‘court of appeals’ in the Western Church. Accordingly, Innocent responded to the African bishops with a condemnation of the heresy, however equivocal in points of doctrine, dramatically clothed in the style of imperial rescript. Boniface and Coelestine soon provided official approbation of African canons issued in 418 at the Council of Carthage, and Augustine and subsequent popes regarded this as the proof of a consistent papal position in support of African doctrine, leaving Zosimus' temporary exoneration of Pelagius and Caelestius the unsuccessful exception to the rule.
8
Canning, Joseph. "A State Like Any Other? The Fourteenth-Century Papal Patrimony Through The Eyes of Roman Law Jurists." Studies in Church History. Subsidia 9 (1991): 245–60. http://dx.doi.org/10.1017/s0143045900001976.
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In the fourteenth century, and notably under Cardinal Albornoz, the papal patrimony began its uneven development into a form of early modern state. As Paolo Prodi has pointed out, these early stages, although interrupted by retrogression caused by the Great Schism, served as the foundations for the construction of the state of the Renaissance papacy. In reality, the popes exercised sovereignty in a state whose origin and nature were essentially temporal: to this extent their regnum was no different from those of secular monarchs. There was, however, a problem impeding the perception of the true nature of the growth of papal state power: a certain ambiguity hung over the papal lands in that the papacy justified its rule both by hierocratic arguments and by reference to grants of jurisdiction from emperors and kings. The spiritual office of the popes could obscure the fact of the kind of state of which they were the sovereign. In the works of the fourteenth-century Commentators on the Roman law, however, there gradually emerged a clear recognition of the direction which the papacy was taking: that the Patrimony of St Peter was no more and no less than a state created by human institution.
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Coureas, Nicholas. "The Greek Church in Latin and Venetian Cyprus 1191–1570." Perspektywy Kultury 35, no. 4 (December 30, 2021): 55–86. http://dx.doi.org/10.35765/pk.2021.3504.05.
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The Greek Church faced considerable problems following the Latin Conquest of Cyprus and the establishment of the Lusignan dynasty. Much of its property was impounded by the new Latin rulers, in the 1220s its bishoprics were reduced to four, with each bishop subject to a Latin diocesan. Under the provisions of the Bulla Cypria of 1260 it accepted papal primacy and ceased to have its own archbishop following the death of Germanos. Limits were placed on the numbers of monks in Greek monasteries and the refusal of Greek monks to accept the validity of Latin unleavened communion bread resulted in the martyrdom of 13 of them in 1231. Despite this, however, the Greek Church overcame these challenges and even strengthened its position in the later Lusignan and Venetian periods. Several reasons explain its ability to survive and maintain the allegiance of most of the population. The small number of Latins on Cyprus, concentrated mainly in the towns of Nicosia and Famagusta, made them fear absorption into the far more numerous Greeks and so disposed to tolerate a Greek Uniate Church that formally accepted papal primacy. The great distance separating Cyprus from Rome and Avignon together with increasing absenteeism among the Latin clergy from the later fourteenth century onwards made it impossible to enforce papal directives. The growing Ottoman threat from the late fifteenth century onwards likewise made the Venetian authorities on Cyprus reluctant to implement papal rulings that would anger the Greek majority. In addition, the Greek Church of Cyprus maintained contact with the Greek patriarchates of Constantinople, Antioch and Alexandria, all outside the areas under Latin rule, and so was not isolated from the Orthodox Christians subject to the patriarch of Constantinople.
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Nederman, Cary J. "The Puzzling Case of Christianity and Republicanism: A Comment on Black." American Political Science Review 92, no. 4 (December 1998): 913–18. http://dx.doi.org/10.2307/2586312.
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Antony Black argues that Christian republicanism was one of the discourses at work in framing the history of Western republican thought. But he neglects to confront the theoretically unique character of the Christian approach to republican institutions. First, Christian republicanism derived from more general beliefs about the divinely ordained organic structure of the universe. Second, it evinced no necessary hostility toward monarchic rule; indeed, quite to the contrary, its cosmological premise of organic hierarchy supported the office of the king (whether papal or secular). Once these elements of Christian republicanism are supplied, the medieval contribution to the history of republican ideas takes on a complexion very different from that described by Black.
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Veach, Colin. "Henry II and the ideological foundations of Angevin rule in Ireland." Irish Historical Studies 42, no. 161 (May 2018): 1–25. http://dx.doi.org/10.1017/ihs.2018.6.
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AbstractThe English invasion of Ireland is of central importance to the interconnected histories of Britain and Ireland. Yet there is still disagreement over the agency of its ultimate sponsor, King Henry II. This article argues that from the very beginning of his reign as king of England, Henry utilised a rising tide of intolerance among Europe’s clerical elite for those holding non-standard beliefs and customs to secure reluctant papal approval for an invasion of Ireland. Once that invasion finally got underway a decade and a half later, members of his court portrayed Henry’s firm rule as the necessary precursor to the reform of Irish religion and culture. This propaganda sought its justification in the intellectual and cultural flourishing of the twelfth-century renaissance, which provided European commentators with newly-revived models of logic and classification. In was also carried out amidst Crusade-inspired justifications for the violent subjugation or killing of religious non-conformists. The essential point, however, is that these clerical descriptions did not necessarily reflect contemporary secular opinion. When works written for secular audiences in the vernacular are analysed, they present a much more nuanced image of Ireland and the Irish. Gone are the references to civilising or reforming missions, and the clear sense of cultural superiority. What remains, however, is the fundamental belief that strong, centralised order is required for the successful running of society. This is what the English invaders told themselves, and this is what informed the first generation of settlement in Angevin Ireland.
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Tereshchuk, Andrey. "The Beginning of the Pontificate of Gregory XVI and the Military-Political Crisis in the Apennine Peninsula in 1831." Izvestia of Smolensk State University, no. 1(57) (July 3, 2022): 200–212. http://dx.doi.org/10.35785/2072-9464-2022-57-1-200-212.
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The article outlines the prospects for the further study of Pope Gregory XVI (Bartolomeo Alberto Capellari) (1831–1846). The paper deals with some judgments about the personality and rule of the pontiff that fit into the framework of the «black legend» about Gregory XVI. The years of 1831–1846 in the history
of the Holy See remain a poorly studied period in the scientific literature. The article marks seven further areas of study devoted to Pope Gregory XVI that relate to the foreign and domestic policy of the Papal State.
The study presents a brief overview of the political history of the Holy See in the 1823–1831. The paper highlites circumstances of the election of Cardinal Capellari at the conclave in February 1831. The article examines the circumstances in which Gregory XVI took the chair of St. Peter: in February-March
1831 Italy found itself in a state of a military and political crisis that was resolved only after the intervention of French and Austrian troops. Under the pressure from foreign states (Austria, France, Russia, England, and Prussia), Gregory XVI
agreed to carry out some reforms within the Papal State. First of all, the changes affected the system of administration of the Holy See. Nevertheless, despite the pressure from Austria, many planned reforms remained unfulfilled.
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Lynch, Christopher. "War and Foreign Affairs in Machiavelli'sFlorentine Histories." Review of Politics 74, no. 1 (2012): 1–26. http://dx.doi.org/10.1017/s0034670512000034.
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AbstractThis article argues that issues of war and foreign affairs predominate in Machiavelli'sFlorentine Histories, a work generally taken to be devoted to the internal politics of Florence. The well-known narrative of the rise and fall of Medici rule is in fact driven by a counternarrative of the rise of mercenaries such as Francesco Sforza to the point of becoming the true arbiters of Italian affairs. TheFlorentine Historieslays out the progressive disarming of Italian powers, details the rise of a corrupt system of foreign affairs dominated by mercenary arms and their attendant papal meddling, and urgently counsels statesmen to arm their cities with arms of their own. Seeking to reframe interpretive approaches in this manner, the article sheds new light on Machiavelli's teaching on the desirability of well-managed domestic discords as they relate to military preparedness.
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Saltman, Avrom. "John of Salisbury and the world of the Old Testament." Studies in Church History. Subsidia 3 (1994): 343–63. http://dx.doi.org/10.1017/s0143045900003379.
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It is likely that during the years of his exile (1163/4-70) John of Salisbury’s attachment to the bible was strengthened at the expense of his ‘classical humanism’. A glance at the index to Brooke’s volume of the later letters of John of Salisbury does much to confirm this hypothesis. As Smalley pointed out in this context, ‘the holy page reasserted her rule over the artes’. The ancient pagan sources which bulked large in his earlier writings are submerged under a flood of biblical quotations, allusions and exempla. The main topics of these later letters arc the Becket controversy, the papal schism and the empire-papacy conflict. The very nature of these themes must have influenced John’s mental processes. He was no hypocrite, and would not have recommended his exiled archbishop to study the psalms and Gregory’s Moralia had he himself not done likewise.
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Wielomski, Adam. "Republikańskie teokracje kalwińskie w Europie." Civitas. Studia z Filozofii Polityki 28 (June 21, 2021): 41–76. http://dx.doi.org/10.35757/civ.2021.28.06.
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The illiberal democracy is the political system where majority of citizens rule, but where is not the freedom of consciousness or where the liberal dividing of power is absent. In the modern history of Europe the best example of this political system we find in the Calvinist Republics as Geneva, Emden and Netherlands. It’s not the democracy in the contemporary meaning of this word because the notion of “citizen” is aristocratic. The citizens are the members of aristocracy and patricians of towns. But in this time the citizens are the people only. This system is not liberal, because the Catholics are persecuted. The aim of this text is the presentation vision and ideology of theses Republics. It’s the mixture of sovereignty of the people-citizens with the theocratic tendency of Calvinism. In the theory of Calvin, and in the practice of theses Republics we are the tension between the “too swords”: spiritual (Calvinist consistories) and temporal (political power). In the literature we are many of allusions that the theological-political thought of Jean Calvin is inspired by medieval papal theocracy. It’s theocracy with “purified” Word of God, and inspired by the fear of the “caesaropapism”. This fear was just. Every theocratic rule in the Calvinist republican regime is finished by the supremacy of temporal swords. This text present the process of change from papocaesarism to caesaropapism in every republican case.
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Kamuntavičienė, Vaida. "The Founding of the Convent of the Congregation of st Catherine in Krakės in the 17th Century." Lithuanian Historical Studies 22, no. 1 (January 28, 2018): 1–27. http://dx.doi.org/10.30965/25386565-02201002.
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The Warmian (Ermland) Braniewo (Braunsberg) burgher Regina Protmann founded the community of St Catherine of Alexandria the Virgin Martyr in 1571, which the Holy See confirmed as a congregation in 1602. The congregation of sisters took an oath of poverty, chastity and obedience, agreeing to serve people, to care for those who were suffering, and to educate society. The ideas of the Sisters of St Catherine reached the Diocese of Samogitia in the 17th century. Its bishop, Jerzy Tyszkiewicz (Tiškevičius), founded the Krakės (Kroki) convent in 1645. Due to political, cultural and other circumstances, the transformation of this convent into a community of the Sisters of St Catherine took longer than expected, happening only in 1689 when the papal nuncio Giaccomo Cantelmi confirmed the community based on the rule of St Catherine. This article seeks to show the foundation process, revealing the differences between the Samogitian Sisters of St Catherine and those in the Warmian bishopric.
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Hostetter Smith, Rachel. "Divine Provision and the “Preternatural Imagination” of Edward Burne-Jones in the Mosaics of “The American Church” in Rome." Religion and the Arts 22, no. 1-2 (February 16, 2018): 135–75. http://dx.doi.org/10.1163/15685292-02201015.
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Abstract This essay examines the multiplicity of ways the building and decoration of the American church of St. Paul’s Within-the-Walls in Rome signaled the dawning of a “new age,” politically and spiritually, as the first Protestant church constructed within the city of Rome, initiated immediately after the city was freed from papal rule in 1870. The mosaics, designed by Pre-Raphaelite artist Edward Burne-Jones and completed with the help of his assistant Thomas Rooke in the decades that follow, present Christ, and the Church in particular, as sources of divine sustenance and verdant life in the barren wilderness of this world. But it is the splendor of their design and the material magnificence of the mosaics themselves that create the first powerful and most lasting impact. Viewed through the lens of what P. T. Forsyth described as the “preternatural imagination” of Burne-Jones, these mosaics are distinctly contemporary works deeply rooted in religious and artistic tradition that address the transitional times for which they were made.
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McKitterick, Rosamond. "THE PAPACY AND BYZANTIUM IN THE SEVENTH- AND EARLY EIGHTH-CENTURY SECTIONS OF THE LIBER PONTIFICALIS." Papers of the British School at Rome 84 (September 20, 2016): 241–73. http://dx.doi.org/10.1017/s0068246216000076.
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The Liber pontificalis, the serial biography of the popes running from Saint Peter to the end of the ninth century, first compiled in Rome during the ‘Gothic Wars’ in the sixth century and continued at various stages in the next three centuries, offers a distinctive narrative of the history of Rome and of the papacy in the early Middle Ages. This paper argues that the seventh- and early eighth-century sections, too often simply mined for nuggets of information about church buildings, represent the pope in a particular way both in relation to Byzantium in theological and political terms, and as the successor to Saint Peter in Rome. The papal narrative undermines the usual assumptions about the so-called ‘Byzantine Reconquest’ and the Roman perception, if not the reality, of the degree to which ‘Byzantine rule’ was exercised in Italy between the middle of the sixth and first half of the eighth century. Lastly, these ‘continuations’ have important implications for any interpretation of the purpose and construction of the Liber pontificalis, and of its dissemination beyond Rome in the seventh and eighth centuries.
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Webb, Diana M. "The Pope and the Cities: Anticlericalism and Heresy in Innocent Hi’s Italy." Studies in Church History. Subsidia 9 (1991): 135–52. http://dx.doi.org/10.1017/s0143045900001915.
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At the moment of Innocent Ill’s accession, the papacy faced both problems and opportunities in Italy, many of them the result of the unexpected death of the Emperor Henry VI in 1197 and the subsequent abeyance of imperial rule. The new pope at once showed his determination to realize the projects of his predecessors and to secure the position of the Holy See by establishing a papal governmental structure in central Italy and, in due course, by obtaining the election of an obedient and faithful emperor. These policies had repercussions on city-state regimes which had for many years now shown their own determination to achieve the most extensive authority possible, both within their walls and in their surrounding territories. Their quest for autonomy was often accompanied by measures hostile to the property and jurisdiction of the Church; it was sometimes also accompanied by the more or less overt toleration of heresy, even within the ranks of a city’s rulers. Attacks on clerical immunities, however, came to the papacy’s notice more frequently than instances of outright heresy, and Innocent at least was well aware how both anticlericalism and heresy proper were fuelled by the manifest inadequacies of the clergy.
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Vorotyntsev, Leonid V. "The “Tatar Marriage” between the Widow and Younger Brother of Andrei Mstislavich of Chernihiv." Golden Horde Review 8, no. 4 (December 29, 2020): 771–83. http://dx.doi.org/10.22378/2313-6197.2020-8-4.771-783.
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Research objectives: To study Russian-Horde relations in the period of formation of Russian principalities’ dependence on the Mongol Empire and the ulus of Jochi – a historical phase connected with a 1246 trip of a Russian prince and the widow of his elder brother to Batu. This elder brother, Prince Andrei, had been executed earlier by the Mongols. The aim of the work is to clarify the causes and consequences of the conflict situation that arose as a result of the refusal of Andrei of Chernihiv’s relatives to permit a marriage “according to the Tatar custom”. Research materials: Russian chronicles and collections of Church law (Just Measure, canonical answers of Metropolitan John II [1080–1089]), the so-called “Books of the Pilot”, princely statutes (Statute of Prince Yaroslav of the Church courts), religious letters, the Lyubetsky Synod, as well as some Latin and Muslim sources. Results and novelty of the research: Based on an analysis of the information contained in Old Russian sources of Church law, chronicles, princely religious letters, the reports of the papal diplomat John of Plano Carpini and accompanying representatives of the Franciscan mission, C. de Bridia and Benedict of Poland, as well as sources containing information about the legal norms and customary law of the Mongols (e.g. the travel accounts of William of Rubruck, Marco Polo, and Ibn Battuta), the author comes to the following conclusions: Batu’s demand for marriage between the widow and younger brother of the previously executed Prince Andrei Mstislavovich of Chernihiv “according to the custom of Tatars” fully corresponded to Mongol customary law. However, it came into sharp contrast with two canonical prohibitions of Russian Church law: the ban on marriages of closely related individuals and marriage without a Christian wedding. Possible practical reasons for the Mongol marriage demand could include the desire of the authorities of the ulus of Jochi to exclude the younger brother of Prince Andrei from the number of contenders to rule the Chernihiv Principality, the desire to test the political loyalty of applicants for the inheritance of the executed prince, and an aim to eliminate the dual rule which was ostensibly established in the Chernihiv Principality after the death of its previous ruler. The refusal of the brother and widow of Andrei of Chernihiv to comply with the Batu’s demand caused a strong reaction of the Horde’s authorities, ending in a ritual of forced marriage. This ritual was accompanied by a series of humiliating processes, one of the likely goals of which was to demonstrate to the Russian ruling elites the priority of Mongol legal norms over the legal norms of states that were politically dependent on the Jochids.
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Prazdnikov, A. G. "THE SOCIAL STRUCTURE OF THE PARTICIPANTS OF THE BATTLE OF NORTHAMPTON ON JULY 10, 1460 AND THE SIEGE OF LONDON TOWER." Bulletin of Kemerovo State University, no. 1 (March 20, 2017): 64–68. http://dx.doi.org/10.21603/2078-8975-2017-1-64-68.
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The social history of the Wars of the Roses is still relevant, as the extent of its social influence remains a matter of debate. Determination of the personal composition of participants of the most important events of the conflict will help in solving this problem. A prosopography method provides the good opportunity to determine the involvement of representatives of different social strata. The study subject is a group of 49 people who took part in the battle of Northampton and the siege of London Tower in 1460, on the side of both Lancaster and York. The greatest part of them was lords, which is connected with the nature of the sources: chronicles is usually mentioned only the names of the commanders. At the same time, the main peculiarity of the battle was the presence of a large number of Church prelates. The reason for this was the support of the Yorkists by the Archbishop of Canterbury, Thomas Bourchier, and the papal legate Francesco Coppini. There are only nine names of the knights who participated in the battle and the siege in the chronicles, although the representatives of the gentry were middle and lower officers. The research has shown that family and personal connections played a decisive role in the choice of the parties to the conflict. The majority of the participants, their brothers and sons, as a rule, remained faithful to one particular dynasty, which does not allow one to estimate the age of the Wars of the Roses as the time of breaking the traditional system of relations.
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KOLODNY, NIKO. "Rule Over None I: What Justifies Democracy?" Philosophy & Public Affairs 42, no. 3 (June 2014): 195–229. http://dx.doi.org/10.1111/papa.12035.
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Graff, Tomasz. "Queen Jadwiga of Anjou’s influence on the composition of the Polish episcopate." Rocznik Filozoficzny Ignatianum 27, no. 2 (December 30, 2021): 19–56. http://dx.doi.org/10.35765/rfi.2021.2702.3.
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This article aims to present Queen Jadwiga’ actual influence on nominations for episcopal sees during her reign (1384–1386) and joint rule with Władysław Jagiełło (1386–1399). Until now, except for Krzysztof Ożóg, researchers expressed only a marginal interest in the subject. The author cites relevant views contained in all major studies on Jadwiga’s reign as well as analyses all available sources, mainly printed ones, both papal documents and chronicles, with special regard to the works of Jan Długosz. Using the induction method, the author analyses 22 nominations for episcopal sees. Contrary to the views expressed in the literature of the subject, Jadwiga did not influence all episcopal nominations she has been attributed with. Nonetheless, in some cases (e.g. Piotr Wysz from Kraków, Andrzej Jastrzębiec from Vilnius) we may argue that she exerted noticeable pressure; in other instances it was probably only more or less subtle. In all analysed nominations, whenever her role was clearly proved in sources, we may notice that Jadwiga was invariably cooperative in the common ecclesiastical policy which she pursued together with her husband. For example, both took advantage of the Holy Sees’ vulnerability in the era of the Occidental Schism, which allowed them to push their own candidates for episcopal seats. The present analysis revealed that with regard to the majority of most prestigious bishoprics in the Kingdom of Poland it was Jagiełło who had key influence on candidates for episcopal nominations, building his own political power base. At the same time, certain episcopal promotions, especially those in Ruthenia, Moldova and Mazovia, were reported inadequately and in few sources, hence Jadwiga’s and Władysław’s influence on the nominations of bishops can only be hypothetically determined.
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KOLODNY, NIKO. "Rule Over None II: Social Equality and the Justification of Democracy." Philosophy & Public Affairs 42, no. 4 (September 2014): 287–336. http://dx.doi.org/10.1111/papa.12037.
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Lovenjak, Milan. "Roman Tribune Cola di Rienzo (1347), Res Gestae Divi Augusti and Lex de Imperio Vespasiani." Keria: Studia Latina et Graeca 20, no. 1 (October 30, 2018): 47–104. http://dx.doi.org/10.4312/keria.20.1.47-104.
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The anonymous and fragmentarily preserved Romance-dialect Chronicle describing the history of Rome in 1325–1360, the extensive correspondence between Cola di Rienzo (1313–1354) and rulers, nobles, Church dignitaries, and intellectuals (especially Petrarch) in Italy and abroad, as well as various documentary sources allow us to trace Rienzo’s career in considerable detail. A papal notary, a scholar in Classical literature, an exceptional orator and a copyist and translator of Ancient Roman inscriptions, Rienzo, aided by a group of followers, overthrew the baron rule in Rome in May 1347, assumed the title of ‘Roman Tribune’ and seized power with the aim of reuniting Italy under a common emperor, a concept modelled on the first Roman emperor, Augustus. After undertaking a number of more or less successful measures, public manifestations and diplomatic activities, he was forced to retreat by a clash with the barons’ army even before the end of the year. After years of exile, he returned triumphant in the middle of 1354 to seize power, but the first few weeks of tyranny and arbitrary measures led to his tragic demise at the hands of an infuriated mob. Later he grew into the subject of myth, portrayed in numerous literary, musical, and dramatic adaptations. The present paper examines two ancient documents crucial to the formation of the principate (the renewal of which was Cola’s objective), i.e. Augustus’ account of his own deeds (Res gestae divi Augusti), which is mentioned by Suetonius and known from three epigraphically attested copies from Asia Minor, and a bronze plaque bearing a law on the conferment of powers on Emperor Vespasian, the so-called Lex de imperio Vespasiani. The plaque was used as propaganda by Cola during his preparations for the coup. The inconsistencies between the parts of the law preserved on the plaque (it must have been preceded by at least one other plaque) and the account of Cola’s interpretation as given in the anonymous Chronicle raise a number of questions, which resist definitive answers.
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Doe, Norman. "Robert Sanderson (1587–1663)." Ecclesiastical Law Journal 24, no. 1 (January 2022): 68–86. http://dx.doi.org/10.1017/s0956618x21000752.
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Over the course of the reigns of the last two Tudors and first three Stuarts – just in excess of a century – the national established Church of England was disestablished twice and re-established twice. Following the return to Rome under Mary, Elizabeth's settlement re-established the English Church under the royal supremacy, set down church doctrine and liturgy, embarked on a reform of canon law and so consolidated an ecclesial polity which many today see as an Anglican via media between papal Rome and Calvinist Geneva. However, as a compromise, the settlement contained in itself seeds of discord: it outlawed Roman reconciliation and recusancy; it extended lay and clerical discipline by the use of ecclesiastical commissioners; and it drove Puritans to agitate for reform on Presbyterian lines. While James I continued Elizabeth's policy, disappointing both Puritans and Papists, Charles I married a Roman Catholic, sought to impose a prayer book on Calvinist Scotland, asserted divine-right monarchy, engaged in an 11-year personal rule without Parliament and favoured Arminian clergy. With these and other disputes between Crown and Parliament, civil war ensued, a directory of worship replaced the prayer book, episcopacy and monarchy were abolished and a Puritan-style republic was instituted. The republic failed, and in 1660 monarchy was restored, the Church of England was re-established and a limited form of religious toleration was introduced under the Clarendon Code. In all these upheavals, understandings of the nature, source and authority of human law, civil and ecclesiastical, were the subject of claim and counter-claim. Enter Robert Sanderson: a life begun under Elizabeth and ended under Charles II, a protagonist who felt the burdens and benefits of the age, Professor of Divinity at Oxford and later Bishop of Lincoln, and a clerical-jurist who thought deeply on the nature of human law and its place in a cosmic legal order – so much so, he may be compared with three of his great contemporaries: the lawyer Matthew Hale (1609–1676), the cleric Jeremy Taylor (1613–1667) and the philosopher Thomas Hobbes (1588–1678).
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Andrews, Frances. "‘Principium et origo ordinis’: the Humiliati and their origins." Studies in Church History 33 (1997): 149–61. http://dx.doi.org/10.1017/s0424208400013231.
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The origins of the Humiliati have long been a subject of discussion amongst historians. In the twentieth century the first person to grapple with the problems was Antonino de Stefano, who was quickly followed by Luigi Zanoni, later by Herbert Grundmann and Ilarino da Milano, and more recently by Michele Maccarrone, Brenda Bolton, and Maria Pia Alberzoni. The modern writers have accepted de Stefano’s view that the Humiliati first emerged in northern Italy in the late twelfth century. The earliest references, dating from the 1170s, describe both a small group of lay men and women devoted to the religious life (humiliati per deum), and an association of clerics living in community at the church of San Pietro Viboldone. Although they initially sought papal approval, those who ‘falsely called themselves Humiliati’ were condemned in 1184 by Lucius III, not because they were guilty of doctrinal error but because they refused to stop preaching without authority or holding private meetings, probably also because of their rejection of oath-taking. In spite of this setback the Humiliati flourished, and by the end of the twelfth century three distinct elements were recognizable: married or single lay men and women living a religious life while remaining in their own homes, male and female monastics living in common under a rule, and clerics living in some sort of canonical communities. In June 1201 these groups were brought back into the Church under the auspices of Innocent III. He gave approval to the three groups or ‘orders’ which recent research has revealed were already distinct before curial intervention, but which were now organized into one framework along Cistercian lines. It was a fortunate decision. Although groups described as ‘Humiliati’ were expelled from Cerea in 1203 and Faenza in 1206, the Order of the Humiliati went on to enjoy spectacular success, becoming a major presence in the religious, economic, and administrative life of northern Italy in the thirteenth century.
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Baumgartner, Frederic J. "Creating the Rules of the Modern Papal Election." Election Law Journal: Rules, Politics, and Policy 5, no. 1 (March 2006): 57–73. http://dx.doi.org/10.1089/elj.2006.5.57.
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RENNIE, KRISTON R. "The Ceremonial Reception of Medieval Papal Legates." Journal of Ecclesiastical History 70, no. 1 (December 17, 2018): 18–37. http://dx.doi.org/10.1017/s0022046917002792.
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This article examines the ceremonial reception of papal legates in the early Middle Ages. It offers a precise, distinctive and normative portrait of their ritualised practice well before the existence of written canonical rules and procedures. The customs, principles, gestures and symbols conditioning legatine activities in this historical era became necessary pre-conditions to political communication, interaction and exchange. Their expression and representation, it is argued, help to explain the manifestation of Roman authority in distant Christian provinces, its varied meaning to contemporaries and the formative rules of political governance and diplomacy.
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Angelelli, Gustavo. "O Papel do “Tribunal da História” na Constituição do Direito." REVISTA PLURI 1, no. 2 (November 5, 2019): 187. http://dx.doi.org/10.26843/rpv122019p187-198.
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A noção de rule of law (Estado de direito) é central no conceito moderno de direito e nos debates atuais em torno do direito e da legitimidade dos governos. Este artigo reflete sobre a figura do “tribunal da história” na constituição do direito e aponta para a necessidade de que a defesa do projeto substantivo do rule of law, exemplarmente encampada por David Dyzenhaus, seja acompanhada de uma filosofia crítica da história.Palavras-chave: Rule of law, Estado de direito, Tribunal da história, Filosofia crítica da história, Filosofias da história.AbstractThe notion of rule of law is central to the modern concept of law and the current debates about law and the legitimacy of governments. This article reflects on the figure of the “court of history” in the constitution of law and argues that the defense of the substantive project of the rule of law, exemplarily encamped by David Dyzenhaus, must be accompanied by a critical philosophy of history.Keywords: Rule of law, Estado de direito, Court of History, Critical philosophy of history, Philosophies of history
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Grążawski, Kazimierz. "The attitude of the Church to the notion of crusades in the times of Christianization of the Old Prussians." Masuro-Warmian Bulletin 293, no. 3 (November 23, 2016): 417–29. http://dx.doi.org/10.51974/kmw-135031.
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A theological-philosophical patron of crusades was St. Augustine of Hippo (354-430), one of the Fathers of Church, who in his The City of God (De Civitate Dei) assumed that the human mankind could be divided into two categories – the one constituting the civitas Dei, acting in the name of God, and civitas terrena, including disbelievers and Muslims. According to St. Augustine, the coming of Christ would put an end to the history of humanity – at that time believers would be rewarded with eternal happiness whereas disbelievers would be damned. Only when fighting in the name of God, in the defence of the Church, the knights could be useful for the society. This attitude was represented by Pope Gregory VII (1020-1085). A great propagator of the Augustinian doctrine was St. Bernard of Clairvaux (1090–1153) who reformed it for the sake of crusades. In his famous In Praise of the New Knighthood (De laude novae militae) he established the rule of the order of the Knights Templar. A motif of the martyr’s death could become a sufficient reason to undertake further actions of Christianisation, having the at the same time eschatological and practical dimension. In the context of an overall crusade movement, the martyrdom of St. Adalbert or Five Martyr Brothers as well as St. Bruno, seems to serve as a symbol and pretext for crusades being rather penitence pilgrimages of reconciliation with redemptory valor. There was nothing more convincing to undertake a military action than a penitential mission ensuring eternal salvation. It is presumed that even in the first period the missionary action might have been conducted by the Płock bishop Alexander of Malonne (1129-1156). On 3 March 1217 Pope Honorius III (1150–1227), presumably on the initiative of the then papal legate in Prussia, the Gniezno archbishop Henryk Kietlicz and bishop Chrystian (1180-1245), allowed the knights of Mazovia and Lesser Poland to organize an expedition to Prussia in return for participation in the Palestinian crusade. As the results of converting pagans by means of sword by Polish or Scandinavian expeditions were rather scarce, the orders were entrusted with a defence and development of the mission of Christianisation. They adopted a strategy to shatter the community of tribes – in Prussia by means of attracting the nobility, in Livonia by formenting discord among tribes.
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Espinosa Fernández, José Manuel. "Militarismo, gasto y subversión del orden colonial en el Puerto Rico de las Reformas Borbónicas (1765-1815)." Memorias 12 (April 29, 2022): 39–66. http://dx.doi.org/10.14482/memor.13.406.3.
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Durante la segunda mitad del siglo XVIII, la Corona española se embarcará en un ambicioso programa de reformas. Se tratará de fortalecer el papel del Estado, de recuperar espacios de poder, algo especialmente necesario en las colonias, donde el control metropolitano se diluía a manos de unas oligarquías cada vez más poderosas. Sin embargo, lo que hubiera debido ser una ofensiva gubernamental en toda regla, en determinados rincones de la Monarquía quedó muy matizada. Las guerras constantes dibujarán un nuevo paisaje donde aplicar la nueva política colonial, sobre todo en las llamadas plazas fuertes del imperio. Allí, en lugares como Puerto Rico, en un contexto de militarización ascendente y ante unos gastos que amenazaban con arruinar la Hacienda del rey, el papel del Estado quedará cada vez más en precario, cada vez más a merced de unos súbditos que eran los únicos capaces de sostenerlo.
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Olchanowski, Nikolai. "Constitucionalismo Político, Processo Democrático e o Papel das Cortes." Revista de Teorias da Democracia e Direitos Políticos 1, no. 1 (December 6, 2015): 237. http://dx.doi.org/10.26668/indexlawjournals/2525-9660/2015.v1i1.753.
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A proposta de um constitucionalismo político por Richard Bellamy se ampara fundamentalmente na crítica ao constitucionalismo legal, isto é, na tradicional ideia em teoria constitucional de que a democracia deve ser balizada por princípios e condições inerentes à interação política. Bellamy, ao inserir conceitos como o rule of law, a previsão de direitos e o controle de constitucionalidade sob o crivo das circunstâncias da política, afirma que o constitucionalismo legal é, em verdade, hostil ao ideal democrático de autogoverno. Essa ideia pode ser lida sob as lentes da literatura produzida em ciência política, que também questiona a noção de rule of law como fundada num caráter distintivo das leis e das Cortes. O rule of law, nessa perspectiva, só é garantido mediante a adequada distribuição de incentivos aos indivíduos e, portanto, através da distribuição de poder político entre instituições. Bellamy, contudo, parece ignorar a hipótese de que leis e previsões constitucionais têm importante papel na solução de problemas de ação coletiva, papel este que, paradoxalmente, seria capaz de devolver importância ao tradicional constitucionalismo legal. A obra de Bellamy, no fundo, é relevante para mostrar que, sem fomento de participação política e adequada distribuição de poder de influência aos indivíduos, as previsões constitucionais e a atuação das Cortes podem ser inócuas ou mesmo prejudicar a construção de uma democracia.
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Schauer, Frederick. "Em defesa do Direito Probatório fundado em regras- e da Epistemologia também." Teoria Jurídica Contemporânea 1, no. 2 (July 25, 2017): 319. http://dx.doi.org/10.21875/tjc.v1i2.11727.
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<p><strong>RESUMO:</strong></p><p>Desde que Jeremy Bentham escreveu a sua severa crítca ao Direito Probatório, filósofos e juristas têm critcado as regras probatórias excludentes argumentando que as regras formais que excluem classes inteiras de provas em razão da sua alegada infabilidade violam máximas epistemológicas fundamentais que exigem que toda prova pertinente seja levada em consideração. Embora algumas partes da prova possam ser excluídas por falta de fabilidade – argumentam eles – seria um erro fazer tais juízos em relação a categorias inteiras, em oposição a fazê-los somente em relação à provas específcas apresentadas para propósitos específicos. Este artgo põe em causa essas alegações, argumentando que exclusões fundadas em regras servem a propósitos similares àqueles desempenhados pelas regras nas teorias morais consequencialistas de regras, e que, de maneira ainda mais importante, elas são totalmente consistentes com a natureza excludente das regras jurídicas em geral. Na verdade, uma vez visto o papel que as regras excludentes podem desempenhar na Epistemologia Jurídica, se torna possível ver que elas poderiam ter um papel a desempenhar na avaliação epistêmica em geral.</p><p><strong>ABSTRACT:</strong> </p><p>Ever since Jeremy Bentham wrote his scathing critque of the law of evidence, both philosophers and legal scholars have criticized the exclusionary rules of evidence, arguing that formal rules excluding entre classes of evidence for alleged unreliability violate basic epistemological maxims mandating that all relevant evidence be considered. Although particular pieces of evidence might be excluded as unreliable, they argue, it is a mistake to make such judgments for entire categories, as opposed to making only in the context of partcular pieces of evidence ofered for specifc purposes. This paper challenges these claims, arguing that rule-based exclusions serve similar purposes to those served by rules in rule-consequentalist moral theories, and that, even more importantly, they are entrely consistent with the exclusionary nature of legal rules in general. Indeed, once we see the role that exclusionary rules might serve in legal epistemology, we can see that they might have a role to play in epistemic appraisal more generally.</p>
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Gico Junior, Ivo Teixeira. "DIREITO & DESENVOLVIMENTO: O PAPEL DO DIREITO NO DESENVOLVIMENTO ECONÔMICO." Direito e Desenvolvimento 8, no. 2 (December 7, 2017): 110. http://dx.doi.org/10.25246/direitoedesenvolvimento.v8i2.370.
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A pobreza é a regra na história da humanidade. Mesmo hoje, em pleno século XXI a maior parte da população mundial vive em condições de pobreza. Normalmente, a explicação oferecida para tamanho subdesenvolvimento é a carência de investimentos, políticas macroeconômicas deletérias ou falta de capital humano. A abordagem neoinstitucionalista defende que tais explicações são secundárias. O subdesenvolvimento decorre, em última instância, das escolhas que cada sociedade faz e tais escolhas são formatadas e limitadas pelas instituições (regras e normas) que estruturam a interação humana em uma dada comunidade. A principal instituição formal a regular as interações humanas em toda e qualquer economia capitalista desenvolvida é o direito. O presente artigo se propõe a discutir justamente o papel do sistema jurídico e sua contribuição para o desenvolvimento. Palavras-chave: Desenvolvimento. Instituições. Direito. JEL: O1, O12, O17, K0 Abstract: Poverty is the rule in human history. Even today, in the 21st century, most of the world population lives in poverty. Many academics explain the massive underdevelopment as a result of lack of investment, harmful macroeconomic policies or lack of human capital. The neoinstitutionalist approach suggests that those explanations are secondary. At the end of the day, underdevelopment results directly from each society’ choices and those choices are formatted and limited by institutions (rules and norms) that structure human interaction within a given community. The main institution to regulate human interaction in any development capitalist economy is the law. This paper discusses the role of law and its contribution to development. Keywords: Development. Institutions. Law.
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Altić, Mirela. "From Coast to Coast: The Mapping of the Adriatic Sea by the Joint Forces of the Austro-Hungarian and Italian Hydrographic Offices." Abstracts of the ICA 1 (July 15, 2019): 1. http://dx.doi.org/10.5194/ica-abs-1-7-2019.
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<p><strong>Abstract.</strong> With the establishment of the second Austrian rule on the eastern Adriatic coast (1815), after several centuries, the Adriatic Sea was divided between two sides – Italian (Papal States and Kingdom of Two Sicilies) which ruled the western Adriatic coast, and the Austrian, which ruled the eastern coast and Lombardy-Venetia. Such division of the Adriatic Sea between the two powers in constant tension adversely affected the dynamics of mapping, and in the mid-19th century, there was a serious setback in mapping. In the 1860s, the strengthening of Italian and Austrian realms (Italy began its unification in 1860, and the Austrian Empire was converted into the Austro-Hungarian Monarchy in 1867) created a need for cooperation between the two empires on the joint mapping of the Adriatic Sea, which was to enable the production of modern charts based on a comprehensive survey covering the whole sea surface area, from coast to coast.</p><p>For the purposes of the hydrographic survey, both imperial powers established their hydrographic offices as part of their military (naval) forces. The Austrian Empire established its Hydrographic Office in 1860, at first in Trieste and, from 1869 onwards, in the city of Pula (<i>Hydrographisches Amt der k. u. k. Kriegsmarine</i>). Its Italian counterpart, the <i>Istituto idrografico della Marina</i>, was founded in 1872 with its headquarters in Genoa (yet its first administrative act appeared as early as 1867). A systematic survey of the Adriatic Sea was started on its eastern side by the Austrian Hydrographic Office. It was conducted from 1866 to 1870 under the supervision of the experienced mariner and hydrographer Tobias Ritter von Oesterreicher. After land and sea surveys had been carried out on the basis of a dense triangulation network (first-, second-, and third-order triangulation), the first edition of the hydrographic charts of the eastern Adriatic coast was prepared by the Military Geographical Institute in Vienna and published by W. Essmann in Trieste as early as 1870 (and reissued in 1872). The survey resulted in a general chart of the Adriatic at a scale of 1:1 000 000, four course charts of the whole Adriatic Sea at a scale of 1:350 000, thirty-one coastal charts of the eastern Adriatic at scales of 1:40 000 to 1:100 000, and fifty-seven harbour charts at scales of 1:20 000 to 1:30 000. The survey of the Italian side of the Adriatic was conducted under the supervision of Counter-Admiral Duke Antonio Imbert, who earlier assisted Oesterreicher in the survey of the eastern coast. It started in 1867 and, by the end of 1873, conducted by the joint forces of the Austro-Hungarian and Italian hydrographic offices, resulted in a series of twenty-four charts at a scale of 1:100 000. Printed by the Military Geographical Institute in Vienna in 1873, together with a series covering the eastern Adriatic coast, these charts continued to serve as the main base map in the Office’s cartographic production for several decades, but also as a template for maps of Adriatic issued by foreign hydrographic offices, including that of the British Admiralty.</p><p>The collaboration between the Austrian and Italian hydrographic offices continued, jointly promoting the improvement of quality of nautical charts of the Adriatic and the development of the hydrographic service in general. Apart from producing the first modern charts of the Adriatic, this survey marked the beginning of a state institutions for hydrographic exploration, including first measurements of geomagnetism, salinity, currents, and tides. The 19th-century charting thus played a crucial role in the birth of the official hydrographic services and the development of modern hydrographic exploration of the Adriatic. The proposed paper is based on archival sources.</p></p>
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Diasmara, Arnan Dwika, Aditya Wikan Mahastama, and Antonius Rachmat Chrismanto. "Sistem Cerdas Permainan Papan The Battle Of Honor dengan Decision Making dan Machine Learning." Jurnal Buana Informatika 12, no. 2 (November 2, 2021): 136. http://dx.doi.org/10.24002/jbi.v12i2.4905.
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Abstract. Intelligent System of the Battle of Honor Board Game with Decision Making and Machine Learning. The Battle of Honor is a board game where 2 players face each other to bring down their opponent's flag. This game requires a third party to act as the referee because the players cannot see each other's pawns during the game. The solution to this is to implement Rule-Based Systems (RBS) on a system developed with Unity to support the referee's role in making decisions based on the rules of the game. Researchers also develop Artificial Intelligence (AI) as opposed to applying Case-Based reasoning (CBR). The application of CBR is supported by the nearest neighbor algorithm to find cases that have a high degree of similarity. In the basic test, the results of the CBR test were obtained with the highest formulated accuracy of the 3 examiners, namely 97.101%. In testing the AI scenario as a referee, it is analyzed through colliding pieces and gives the right decision in determining victoryKeywords: The Battle of Honor, CBR, RBS, unity, AIAbstrak. The Battle of Honor merupakan permainan papan dimana 2 pemain saling berhadapan untuk menjatuhkan bendera lawannya. Permainan ini membutuhkan pihak ketiga yang berperan sebagai wasit karena pemain yang saling berhadapan tidak dapat saling melihat bidak lawannya. Solusi dari hal tersebut yaitu mengimplementasikan Rule-Based Systems (RBS) pada sistem yang dikembangkan dengan Unity untuk mendukung peran wasit dalam memberikan keputusan berdasarkan aturan permainan. Peneliti juga mengembangkan Artificial Intelligence (AI) sebagai lawan dengan menerapkan Case-Based reasoning (CBR). Penerapan CBR didukung dengan algoritma nearest neighbour untuk mencari kasus yang memiliki tingkat kemiripan yang tinggi. Pada pengujian dasar didapatkan hasil uji CBR dengan accuracy yang dirumuskan tertinggi dari 3 penguji yaitu 97,101%. Pada pengujian skenario AI sebagai wasit dianalisis lewat bidak yang bertabrakan dan memberikan keputusan yang tepat dalam menentukan kemenangan.Kata Kunci: The Battle of Honor, CBR, RBS, unity, AI
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Nicol, Donald M. "The Byzantine view of Papal Sovereignty." Studies in Church History. Subsidia 9 (1991): 173–85. http://dx.doi.org/10.1017/s0143045900001939.
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THE idea of papal sovereignty was foreign to the Byzantines. They had trouble enough trying to understand the Western interpretation of papal primacy. Papal ‘sovereignty’ was beyond them, unintelligible, unreasonable, and unhistorical. It is true that the East Roman Christians, whom for convenience we call Byzantines, did not all live in one generation. Their cultural and political roots were in Constantinople, the ancient Byzantium; and their empire endured in one form or another for 1,100 years, from the fourth to the fifteenth centuries. In so long a span their ideas naturally evolved and changed, as did their society. But their concept of the order of the Christian world remained stable. It was based upon the formula devised by the first Christian historian, Eusebius of Caesarea, in the fourth century. The formula was an amalgam of pre-Christian, Hellenistic notions of monarchy, with Old and New Testament elements. The Christian Roman Emperor was the elect of God and, as God’s vice-gerent on earth, he ruled over what was the terrestrial reflection, albeit a poor copy, of the Kingdom of Heaven. His patriarchs or supreme bishops of the Christian Empire, especially the Patriarch of Constantinople, his capital city, were the spiritual heads of the Christian world, acting in harmony with him. Church and State were therefore one, indissoluble and interdependent.
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Widya Widana, I. Nyoman Kari, and I. Dewa Made Suartha. "PERAN HAKIM SECARA FUNGSIONAL BERDASARKAN PASAL 44 KITAB UNDANG-UNDANG HUKUM PIDANA." Kertha Semaya : Journal Ilmu Hukum 8, no. 8 (July 31, 2020): 1170. http://dx.doi.org/10.24843/ks.2020.v08.i08.p05.
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Studi ini bertujuan untuk menganalisis peran Hakim secara fungsional berdasarkan ketentuan Pasal 44 Kitab Undang-Undang Hukum Pidana (KUHP). Metode penelitian yang digunakan dalam penelitian ini adalah metode penelitian hukum normatif dengan menggunakan pendekatan peraturan perundang-undangan dan kasus. Adapun hasil penelitian menunjukkan bahwa peran hakim secara fungsional dalam menilai dan memutus perkara yang melibatkan orang yang cacat karena penyakit berdasarkan ketentuan Pasal 44 Kitab Undang-Undang Hukum Pidana (KUHP) dalam perkembangan penegakkan hukumnya saat ini telah dikesampingkan. Hal ini disebabkan masih lemahnya atau kurang jelasnya pengaturan Pasal 44 KUHP terkait peran hakim dalam menilai dan memutus perkara yang melibatkan pelaku tindak pidana yang jiwanya cacat dalam pertumbuhan atau karena penyakit, sehingga menimbulkan dualisme pandangan yang berbeda dari setiap sub sistem peradilan pidana (kepolisian, kejaksaan, peradilan).
This study aims to analyze the role of Judges functionally based on the provisions of Article 44 of the Criminal Code. The research method used in this study is a normative-law study method using a regulatory and case-rule approach. As for the conclusion of this scientific work, the role of a functional judge and dissolution involving a person who is malformed by article 44 of the criminal code in the current law enforcement development has been ruled out. This is due to the lack of or clarity of the penal code, article 44 of the criminal code relating to the role of judge and cutting a case involving perpetrators whose lives are impaired in growth or because of disease, leading to a different dualismne view from any subsystem of criminal justice (police, prosecutors, justice).
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Magoja, Eduardo Esteban. "EL IMPERIO DE LA LEY Y LOS LÍMITES A LA DISCRECIONALIDAD JUDICIAL EN LA TEORÍA DE LA EQUIDAD DE ARISTÓTELES **." Kriterion: Revista de Filosofia 63, no. 153 (September 2022): 659–81. http://dx.doi.org/10.1590/0100-512x2022n15306eem.
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RESUMEN La teoría de la equidad de Aristóteles ha sido entendida en general de dos diferentes maneras en la literatura especializada. Una parte de los autores sostiene que la equidad se trata de un criterio extranormativo, en el sentido de que va más allá de la ley y alcanza un nivel supralegal que se identifica con un orden metafísico de una justicia natural. Otra parte, en cambio, afirma que la equidad es intranormativa, en el sentido de que el juez lleva a cabo una rectificación de la justicia legal sin salirse de sus contornos. A la luz de esta última lectura y mediante una metodología que entrecruza la filosofía del derecho y algunas de las principales teorías sobre las emociones en la Grecia antigua, el propósito de este trabajo es demostrar que, de acuerdo con el pensamiento de Aristóteles, los jueces equitativos no deben tener amplia discrecionalidad. A los fines de mostrar este punto, se abordará en particular el papel de las emociones en la formación del juicio y la capacidad que tienen para poner en peligro el dictado de decisiones justas y racionales.
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Syuhada', Syuhada'. "Bagian Bapak Sepertiga dalam KHI Pasal 177 Merupakan Konsekwensi dari Bagian Ibu Thuluth al-Bâq; Analisis Ijtihad ‘Umar Bin Khat?t?âb." Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman 4, no. 2 (December 1, 2016): 103–19. http://dx.doi.org/10.52431/tafaqquh.v4i2.91.
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Instructions Qur’an about inheritance was so standard and tawqîfiyat. But there is still very limited and in the form of global instructions. The designation rules in global situation give open space to make ijtihâd. In the case of the mother part being with father and one of husband or wife has never happened in the past Apostles led to ‘Umar bin Khat?t?âb as caliph must make ijtihâd to give answers to completion. With this decision the mother part can be solved by maintaining the scale of two proportionate one for men and women by directing the understanding that the third part of mother on the condition it is third the rest of the treasure, not a third of the entire inheritance. However, when position of the father is not there, while his grandfather still exist and replace father in inheritance mother still get a piece a third of the inheritance because his grandfather is not equal to mother in inheritance. Part mother third of remainder having taken part husband in the case of above is to give the rule of law and consequences on the part of father become third though referred to inherit the remainder.
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Dian Andriasari, Dian. "KRITIK TERHADAP PENERAPAN PASAL 156a KUHP DITINJAU DARI PERSPEKTIF KEHIDUPAN DEMOKRASI DI INDONESIA." Veritas et Justitia 3, no. 2 (December 26, 2017): 270–98. http://dx.doi.org/10.25123/vej.2688.
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Since long time every application of Article 156a of the Criminal Code has always caused social tension, social situation becomes very sensitive. These conditions lead to social conflicts. The issue of religion then became a commodity in the narrative of the mass media, into a debate. In the end in some cases, it always attributes the threat of democratic life. Conflict in the name of religion also surfaced, at least social tension raised after the Judge's decision by using the article. Religion is a problem that can not be separated from what should and what is real. These two things will continue to develop whereby dialectics may occur between them. If in the past religion was seen to be close to some elements of society, there was a growing tendency to recognize the differentiation between these elements and to legitimize the division of labor between the elements. But this differentiation is not accepted by all religious communities. The state's hegemony against religion is more often the legitimacy of violence and unilateral truth claims. Debate about it then led to a lot of interpretation, cross interpretation of the dispute then led to the court using the criminal justice system approach. Here is the Law as the result of social process, which should be studied as a social reality, indicating that there is a need to broaden the perspective, meaning not only to understand the rule of law from the point of logical consistency of the rules only, but also to be viewed from aspects of the process of human relations in society both individually and institutionally. Using the sociological juridical approach, the author tries to discuss how the effect of the application of article 156a of the Criminal Code in the life of democracy in Indonesia and how the prospect of future arrangement related to the formulation of religious offense in the perspective of ius constituendum.
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Surdacki, Marian. "Lekarze i chirurdzy w Szpitalu Świętego Ducha w Rzymie w XVII–XVIII wieku." Medycyna Nowożytna 28, no. 1 (September 29, 2022): 11–52. http://dx.doi.org/10.4467/12311960mn.22.001.16209.
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Doctors and surgeons at the Hospital of the Holy Spirit in Rome in the 17th – 18th centuries Founded in 1198 by Pope Innocent III, Europe’s largest Hospital of the Holy Spirit in Rome, run by the Order of Regular Canons of Saint Duicha, became a model for other such institutions. It performed two functions: an asylum for foundlings (brefotrophium) and a hospital-clinic for the sick, the so-called the infirmary, in which there were about a thousand in certain periods, especially during epidemics, the sick inmates specialized in the treatment of people with fever, especially those with malaria, as well as injured and requiring surgical operations. The rank and size of the hospital was evidenced by the number of outstanding doctors and surgeons, unprecedented in other European hospitals. In some periods of the eighteenth century, there were nearly twenty of them in the hospital in total, but as a rule, there were always at least four chief physicians and two chief surgeons, as well as four assistant physicians and two deputy surgeons. Moreover, when the number of patients increased, additional doctors and surgeons were hired, often working for free in the hope of obtaining full employment. Among doctors, it was possible to meet specialists of the highest class, not only combining medical practice with teaching, but also authors of outstanding works and scientific treatises in the field of medicine, philosophy and law, written on the basis of observations and experiences as well as conducted scientific research. Many doctors and surgeons working in the hospital were also papal doctors. Engagement to work in the hospital took place through public competitions. It is interesting that most of the medical and surgical staff came from very distant places and even foreign countries. All doctors and chief surgeons were hired to work at the Holy Spirit Hospital as graduates of universities and other institutes or academies. As for the six surgeons, especially their deputies, nearly all were educated and practiced in the Holy Spirit Hospital. Chief doctors, called professors and sometimes lecturers, had a hierarchical priority and supervisory position among the medical community. The latter term mainly referred to doctors and surgeons teaching at the Hospital’s Academy of Surgery, later the School of Surgery, where the nurses working in the hospital learned the art of surgery. The most important duty of the doctors and chief surgeons was to carry out twice a day (morning and after lunch) visits to patients in their departments. The visits ended at least half an hour before lunch or dinner so that the patients could be given medicines and treatments before eating. During the morning visit, the physician and the chief surgeon were accompanied by their assistants or deputies, who were on duty around the clock in the hospital, while their superiors lived outside the hospital. The fame enjoyed by doctors and surgeons has not always translated into the reliability and effectiveness of the medical services they provide in the hospital. Many of them did not pay much attention to their work. They did not fulfill the duties entrusted to them, did not come or were late to work, handed over their tasks to doctors and lower-ranking personnel, kept employment and salaries despite reaching old age and poor physical condition, preventing them from properly performing their professional duties.
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Achmad, Achmad. "Sanksi bagi Perusahaan Pers yang Melakukan Tindak Sub Judice Rule dalam Perspektif Hukum Pidana Islam dan Pasal 18 Ayat (2) Undang-Undang nomor 40 tahun 1999 tentang Pers." Jurnal Keislaman 3, no. 2 (September 28, 2020): 258–79. http://dx.doi.org/10.54298/jk.v3i2.3166.
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This research is the result of library research conducted on the basis of problems that have often occurred recently, where the press has started to interfere too far in cases currently being handled by the judiciary, or rather the press has committed acts of Sub Judice Rule. This study aims to answer the questions, namely 1. What is the criminal sanction for the sub-judice rule according to Article 18 Paragraph (2) of Law Number 40 Year 1999 concerning the Press? 2. What is the criminal sanction for the sub-judice rule according to Islamic Criminal Law? The author, with the above problems, then studies and researches to solve these problems with library research using the descriptive method used to describe the concept of the sub-judice rule criminal act in Article 18 paragraph (2) of Law Number 40 of 1999 about the press. Furthermore, it is analyzed with a Deductive mindset that originates from basic principles and is combined with research using the perspective of Islamic Criminal Law. It is analyzed for specific conclusions regarding the general description of the sub-judice rule by the press according to Law No. 40 of 1999 concerning the press then draw conclusions that are specific to Islamic criminal law. The conclusion from the results of this study can be seen that the sanctions for criminal acts of the sub-judice rule contained in Article 18 paragraph (2) of Law Number 40 of 1999 concerning the press, namely, shall be punished with a maximum fine of Rp. 500,000,000.00 (Five hundred million rupiah). Sub-judice rule is a criminal act of insulting the court by means of publication, which in this case is classified as a takzir, because neither the type nor the sanctions are determined by the syarak, so that the determination of the penalty is fully left to Ulil Amri.
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Hairi, Prianter Jaya. "JUDICIAL REVIEW PASAL-PASAL MAKAR KUHP: PERSPEKTIF PENAFSIRAN HUKUM DAN HAM (JUDICIAL REVIEW ON TREACHERY ARTICLES OF THE CRIMINAL CODE: THE PERSPECTIVE OF LAW INTERPRETATION AND HUMAN RIGHTS)." Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan 8, no. 2 (November 1, 2017): 235–53. http://dx.doi.org/10.22212/jnh.v8i2.1068.
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In 2017, Constitutional Court has received three calls for judicial reviews regarding treachery (makar) article in the Criminal Code. These articles deemed to be contradicting with the principle of legal certainty and freedom of expression. This study analyzes the important issue that is being debate in those judicial reviews. One of those is about the argument which says that the absence of the definition of treachery in the Criminal Code has caused a violation of legal certainty. Besides, the rule of treachery in the Criminal Code has also considered to have caused a violation of freedom of expression which has been guaranteed by Constitution. Analysis shows that the absence of treachery definition in the Criminal Code is not something that instantly becomes a problem in its application that causing the loss of legal certainty. Law enforcer, especially judge, in enforcing the rule of law must always use the method of law interpretation which appropriate with legal norm. With systematic interpretation, treachery can be interpreted according to the sentence of the rule as a unity of the legal system. In this case, the term treachery as regulated in Article 87 of the Criminal Code can be systematically interpreted as the basis for Article 104-Article 108 of the Criminal Code, Article 130 of the Criminal Code, and Article 140 of the Criminal Code which regulates various types of treason and their respective legal sanctions for the perpetrators. Further, on the argument that the articles of treachery in the Criminal Code also can not necessarily be said to limit the freedom of expression, because every citizen’s freedom has limitation, including the limitation of law and human rights. AbstrakPada tahun 2017, Mahkamah Konstitusi telah menerima tiga kali judicial reviewterhadap pasalpasal tindak pidana makar dalam Kitab Undang-Undang Hukum Pidana (KUHP). Pasal-pasal ini dipandang bertentangan dengan prinsip kepastian hukum dan kebebasan berekspresi. Tulisan ini menganalisis substansi yang menjadi perdebatan dalam perkara judicial review tersebut. Di antaranya perdebatan mengenai tidak adanya definisi istilah makar dalam KUHP yang menyebabkan persoalan kepastian hukum. Selain itu, pengaturan tindak pidana makar dalam KUHP juga dinilai melanggar kebebasan berekspresi yang telah dijamin oleh konstitusi. Analisis terhadap persoalanpersoalan tersebut menunjukkan bahwa ketiadaan definisi kata “makar” dalam KUHP bukanlah merupakan sesuatu yang serta merta langsung menjadi persoalan dalam penerapannya sehingga menyebabkan hilangnya kepastian hukum. Penegak hukum, terutama hakim, dalam menegakkan peraturan hukum selalu menggunakan metode penafsiran hukum yang sesuai dengan kaidah ilmu hukum. Dengan penafsiran sistematis, makar dapat dimaknai sesuai kalimat dari peraturan sebagai suatu kesatuan sistem hukum. Dalam hal ini, istilah makar yang diatur dalam Pasal 87 KUHP, secara sistematis dapat ditafsirkan sebagai dasar bagi Pasal 104-Pasal 108 KUHP, Pasal 130 KUHP, dan Pasal 140 KUHP yang mengatur tentang jenis makar beserta sanksi hukumnya masing-masing bagi para pelakunya. Selain itu, mengenai argumen bahwa pasal-pasal makar dalam KUHP berpotensi melanggar HAM dan dipandang bertentangan dengan konstitusi dapat dikatakan tidak beralasan. Sebab kebebasan HAM setiap orang tidak tanpa batas, di antaranya dibatasi nilai-nilai agama, keamanan, dan ketertiban umum.
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Winandi, Woro, and Alimudin Alimudin. "KEDUDUKAN HUKUM BAP ATAS PENYIMPANGAN PROSES PENYIDIKAN TERHADAP PENERAPAN PASAL 56 KUHAP." Sapientia Et Virtus 1, no. 2 (March 20, 2014): 136–52. http://dx.doi.org/10.37477/sev.v1i2.146.
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Kebutuhan akan jasa hukum dari seorang advokat, bentuknya bermacam-macam, antara lain: nasehat hukurn, konsultasi hukum, legal audit, pembelaan baik di luar maupun di dalam pengadilan serta pendampingan perkara pidana lainnya. Bantuan Hukum yang diperlukan oleh tersangka yang terkena Pasal 56 ayat (1) KUHAP merupakan implementasi dari Hak Asasi Manusia (HAM) dalam memperoleh bantuan hukum untuk persidangan perkaranya. Berdasarkan ketentuan Pasal 56 ayat (1) KUHAP, yang mengadopsi pedoman Miranda Rule atau Miranda Principle, formalistic legal thinking dapat tercapai dengan kehadiran penasehat hukum yang bersifat imperative ini, sehingga hak asasi tersangka tetap diperhatikan, dan terjaminnya pemeriksaan yang fair dan manusiawi terhadap diri tersangka. Jika diabaikan akan mengakibatkan hasil pemeriksaan atau hasil penyidikan menjadi tidak sah (illegal) atau batal demi hukum (null and void).
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Winandi, Woro, and Alimudin Alimudin. "Kedudukan Hukum BAP Atas Penyimpangan Proses Penyidikan Terhadap Penerapan Pasal 56 KUHAP." SAPIENTIA ET VIRTUS 1, no. 2 (September 30, 2014): 136–52. http://dx.doi.org/10.37477/sev.v1i2.162.
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Kebutuhan akan jasa hukum dari seorang advokat, bentuknya bermacam-macam, antara lain: nasehat hukurn, konsultasi hukum, legal audit, pembelaan baik di luar maupun di dalam pengadilan serta pendampingan perkara pidana lainnya. Bantuan Hukum yang diperlukan oleh tersangka yang terkena Pasal 56 ayat (1) KUHAP, merupakan suatu implementasi dari Hak Asasi Manusia (HAM) dalam memperoleh bantuan hukum dalam persidangan perkaranya. Berdasarkan ketentuan Pasa156 ayat (1) KUHAP, yang mengadopsi pedoman Miranda Rule atau Miranda Principle, tentangformalistic legal thinking, dapat tercapai dengan kehadiran penasehat hukum yang bersifat imperative ini, menjadikan hak asasi tersangka tetap diperhatikan, dan terjaminnya pemeriksaan yang fair dan manusia terhadap diri tersangka, sehingga bila diabaikan akan mengakibatkan hasil pemeriksaan atau hasil penyidikan menjadi tidak sah (illegal) atau batal demi hukum (null and void).
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Ratajczak, Krzysztof. "Legaci apostolscy w Polsce w wiekach średnich i ich rola w przyjmowaniu partykularnego ustawodawstwa kościelnego przez Kościół polski – aspekty edukacyjne." Biuletyn Historii Wychowania, no. 26 (March 10, 2019): 7–18. http://dx.doi.org/10.14746/bhw.2010.26.1.
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The official reception of the conciliar legislation in medieval Poland was greatly influenced by the papal legates, ambassadors endowed with papal authority, who brought conciliar canons to the country ruled at the time by the Piasts and made them public at councils convened with the participation of papal legates, closely monitored the observance of Canon Law and its scope expansion, concurred statutes of Polish provincial and diocesan councils, approved or rejected nominations of bishops, etc. They also acted as intermediaries in personal interventions of popes in their involvement in the functioning of the Church in Poland. Their duties also included inspections in dioceses. Visits of papal legates in Poland were relatively frequent and their main goal was to enforce and implement ecclesiastical reforms in the country. In some instances, a strict relationship between a stay of a papal representative in Poland and the process of the creation and spread of schools is clearly observable. The article examines source accounts concerning the visits of papal legates in Poland, as well as analyses the available statues of legate councils in terms of the provisions included in them regarding education of representatives of the clergy and laymen alike.
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Duncan, William N. ":Janaab' Pakal of Palenque: Reconstructing the Life and Death of a Maya Ruler." Journal of Latin American and Caribbean Anthropology 12, no. 2 (November 2007): 511. http://dx.doi.org/10.1525/jlat.2007.12.2.511.
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Hizbillah, Sultan Taqiyuddin, and Widhi Cahyo Nugroho. "IMPLEMENTASI PASAL 35 AYAT 1 HURUF C PERATURAN KAPOLRI NOMOR 9 TAHUN 2012 TENTANG SURAT IZIN MENGEMUDI BAGI DISABILITAS DAKSA." Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, no. 3 (December 7, 2022): 1029–42. http://dx.doi.org/10.53363/bureau.v2i3.80.
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A person with disability is given special regulation regarding the acquisition of driver's licence (driver's license) d for those who are handicapped in driving traffic. The study aims to find out how section 35 verses (Lala 1234)1 letter c works the 2012 sheriff's rule number 9 on driver's license for disability. In practicee there are still obstacles andoobstacles in the processoof obtaining the driver's license d, so someoof them stillodo not have the d's licenseoto drive. The goal to beoachieved in thisostudy is: 1) to know the application of article 35 verse 1 letter c of the 2012 chief's law no. 9 on the driver's license for disabilities. 2) to know the physical criteria applied to those with disabilities to have a driver's licence. Thisotype of study can be classified as normatization studies because through legislation approaches and study on disability behaviors gained driver's license D and obstaclesoin the process. Theoresearch site is at stone city p.d. Data collecting uses a technique interview with informants related to the research being researched. Further data results in qualitative analysis to provide exposure to research. Theodata analysis used by the writer as a qualitative descriptiveomethod is aodescription in the regular,o coherent, logical, and effectivee form of sentences. Based on the results of studies, section 35 clause 1 letter c of the 2012 chief's rule no. 9 on driver's license is still underwriting because of some obstacle factor, oneoof which is theolack of knowledge of theo perpetrators of the traffic rule.