Academic literature on the topic 'Roman law, religious aspects'
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Journal articles on the topic "Roman law, religious aspects"
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Becker, Eve-Marie, and Ulrike Babusiaux. "Paulus, der „Sklave Christi Jesu“ (Gal 1,10; Röm 1,1; Phil 1,1), im Lichte des römischen Rechts." New Testament Studies 69, no. 4 (October 2023): 365–86. http://dx.doi.org/10.1017/s0028688523000127.
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AbstractIn Gal 1:10, Rom 1:1, and Phil 1:1 Paul refers to himself as δοῦλος Χριστοῦ (Ἰησοῦ). This self-designation is open to interpretation. What is the function of this claim of roles, which is slightly varied syntagmatically in the three passages mentioned, i.e., tends to be linguistically flexible on Paul's part and thus adapted to the context in each case? The present contribution is intended to expand the interpretive framework with an aspect that has been rather neglected in previous Pauline research, when it invokes the interpretive context of Roman law. For it is Roman law that is of particular interest for the self-definition as a slave. In Roman legal discourse, which finds universal application through the ius gentium as the ‘law of all men' (Gaius 1.1), i.e. also application to non-Romans or the peregrinus, the scope of action for slaves in relation to their ‘masters' is also conceptually determined by taking into account the ‘human characteristic of the slave'. Within the interpretive framework of ancient Roman law, therefore, those lines of meaning in Pauline self-fashioning as δοῦλος Χριστοῦ Ἰησοῦ that reveal self-designation in subordination to Christ as enabling ambition, zeal, honour, and success are particularly revealing. These aspects include (1) the Pauline description of status and the legitimation and exposition of his (2) relationship to the “Lord”, the description of (3) his areas of work and responsibilities, and his (4) socio-economic living conditions and lifestyle. Thus, against the background of ancient Roman law, which primarily focused on its pragmatisation rather than problematising the socio-historical reality of slaves or the moral-philosophical attitude toward slavery, certain aspects of Paul's understanding of himself and his apostolate can be more sharply defined.
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Doe, Norman. "Ordination, Canon Law and Pneumatology: Validity and Vitality in Anglican-Roman Catholic Dialogue." Ecclesiastical Law Journal 8, no. 39 (July 2006): 406–24. http://dx.doi.org/10.1017/s0956618x00006700.
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The subject of the sixth meeting of the Colloquium of Anglican and Roman Catholic Canon Lawyers in Rome 2005 was the Roman Catholic position that Anglican orders are invalid. The meeting employed a canonical framework to explore the status and terms of Apostolicae curae (1896) and the modern applicability of the canonical issues of intent, matter, form, and minister to the question of Anglican orders. The meeting did not examine pneumatological aspects of ordination. This article seeks to set alongside each other the ritual elements of the liturgy for the ordination of priests in both the Anglican and Roman Catholic Churches in their respective canonical contexts. It proposes the value of a pneumatological approach for possible Roman Catholic recognition of the vitality of Anglican orders. A draft of this paper was presented to the seventh meeting of the Colloquium of Anglican and Roman Catholic Canon Lawyers in Johannesburg in February 2006, where it was favourably received.
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Ahmedi, Sulejman. "Normative and Practical Aspects Related to the Causes of Dissolution of Marriage in Roman Law." European Journal of Social Sciences Education and Research 6, no. 2 (April 30, 2016): 207. http://dx.doi.org/10.26417/ejser.v6i2.p207-210.
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The research includes the analysis of the causes for divorce in Roman law and how to regulate the dissolution of marriage through legal provisions. Divorce and marriage are ancient institutions of matrimonial and family law, which countries from the ancient times had this as a trend for their regulation through legal provisions. Many principles and rules of Roman law are adopted also from the legal systems of many countries of the modern world, in order to unify their own private national law. This trend is particularly noticeable in the states member of the European Union, which refers to IUS COMUNE, which simultaneously is the common basis of legal practice worldwide. Roman jurists work techniques present a model with permanent value for legal doctrine and jurisprudence of many countries when it comes to the practical operation of law and its social needs adjustment. In Roman law the dissolution of marriage recognized since LEX IULIA DE ADULTERIIS, the law issued during the reign of Augustus in year 18 BC, which had defined and has codify the oldest rate of self-righteousness. Through this lex-of (the law) was removed from the hand of the affected family an important part of ascertaining of adultery and the punishment of preparations by treating it through public bodies. Fill into this form he found in Corpus Iuris Civilis and has exerted influence on marriage in Europe until the modern age. Dissolution of marriage was also provided by the law of XII tables approved in year 450 BC. In the research are analyzed the ways of divorce under the Roman law, which were: Divorce without the willpower of the spouses, or because of natural events and Divorce by willpower of the spouses or known as divorce caused by human actions. In the post-classic period, due to changes in moral views who brought Christianity, emperors decide religious provisions on divorce. At this time there were two basic types of marriage dissolution: Divortium cum damno, or divorce followed with bad consequences, and Divortium sine damno, or divorce without bad consequences
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Przybyłek, Zbigniew Jacek. "Participation of the Roman Catholic Church in the Public Debate about Legal Regulations on In Vitro Fertilisation in Poland in 2007-2015. Selected Aspects of Religious, Political and Media Discourse." Seminare. Poszukiwania naukowe 2020(41), no. 4 (December 31, 2020): 69–79. http://dx.doi.org/10.21852/sem.2020.4.06.
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In publication, which is about public discourse, done analyze case polish Roman Catholic Church, as a social actor which participate in permanent dispute about law regulations about in vitro fertilization in VI and VII cadency of polish first house parliament. Done comparison religious, political and media discourse.
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Honzl, Jiří. "‘Deo Magno Mercurio Adoravit…’ – The Latin Language and Its Use in Sacred Spaces and Contexts in Roman Egypt." Annals of the Náprstek Museum 42, no. 2 (2021): 15–30. http://dx.doi.org/10.37520/anpm.2021.006.
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The use of Latin in the multilingual society of Roman Egypt was never more than marginal. Yet, as a language of the ruling power, the Roman Empire, Latin enjoyed to some extent a privileged status. It was generally more widely applied in the army, as well as on some official occasions, and in the field of law. Less expectably, various Latin inscriptions on stone had religious contents or were found in sacred spaces and contexts. Such texts included honorary and votive inscriptions, visitors’ graffiti, and funerary inscriptions. All three groups are surveyed and evaluated focusing especially on their actual relation to the religious sphere and social background, noting both continuity and changes of existing practices and traditions. Such analysis of the inscriptions allows to draw conclusions not only regarding the use of Latin in religious matters in Egypt but also reveal some aspects of the use of Latin in Egypt in general and the role of Roman culture in the Egyptian society.
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Leahy, Brendan. "The Role of Canon Law in the Ecumenical Venture: a Roman Catholic Perspective." Ecclesiastical Law Journal 13, no. 1 (December 13, 2010): 15–25. http://dx.doi.org/10.1017/s0956618x10000761.
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One of the main goals of the Second Vatican Council (the 50th anniversary of whose opening will be celebrated in 2012) was the unity of all Christians. Not least among its achievements was the fact that it launched the Catholic Church into the Ecumenical Movement and also paved the way for a global revision of the Church's Code of Canon Law. This article reflects from a Roman Catholic perspective on aspects to do with canon law and ecumenism. It does so in the light of the Council's teaching and reception. Conciliar hermeneutics and questions left open at the Council are considered. In conclusion, the author suggests that greater attention to the Church's charismatic principle and missionary mandate underlined at the Council offers wide scope for continuing exploration among Anglican and Roman Catholic canonists in the cause of unity.
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Rašljanin, Imran A. "INFAMIA IN THE SIGHT OF ROMAN LAW." SCIENCE International Journal 2, no. 4 (December 13, 2023): 53–57. http://dx.doi.org/10.35120/sciencej0204053r.
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The research identifies “Infamia” as a pervasive legal construct, intricately linked with notions of reputation, honor, and societal standing. The concept significantly influenced various aspects of Roman jurisprudence, spanning from contractual relations (such as fiducia, societas, depositum, tutela, and mandatum) to inheritance laws, and even marital unions. This study underscores the intricate interplay between legal regulations and moral considerations, illustrating how Roman society intertwined religious beliefs, trust, and conscientiousness in shaping legal conduct.Examining the inheritance laws, the research delineates the pivotal role of “Infamia” in determining the transfer of rights and responsibilities following an individual’s demise. The inheritance process becomes a crucial juncture where societal values are intertwined with legal mandates, influencing the distribution of familial assets. Notably, the Roman institution of “pater familias” vested nearly absolute authority over familial members, restricting their ownership rights. Furthermore, the study traces the evolution of inheritance practices through distinct historical periods, including the legislative reforms introduced by Justinian. These amendments aimed to rectify perceived injustices, providing mechanisms for disinherited heirs to contest their exclusion through the querella inofficiosi testamenti. The research also scrutinizes “Infamia” within the realm of marital law, discerning its presence in the dissolution of marriages through practices like “divoritum” and “repudium.” These terminations, whether consensual or unilateral, bore financial and reputational consequences, with the latter potentially resulting in societal disgrace. In conclusion, this comprehensive review illuminates the intricate and dynamic role of “Infamia” in Roman legal and societal frameworks. It underscores how this concept permeated various facets of Roman life, serving as a potent tool for regulating conduct, shaping social relations, and upholding moral values. By synthesizing a diverse range of scholarly works, this study offers a holistic understanding of “Infamia” and its far-reaching implications in ancient Rome.
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Homolka, Walter, and Andrzej Pryba. "Preparations for Marriage in the Jewish and Catholic Traditions." Religions 15, no. 1 (January 2, 2024): 62. http://dx.doi.org/10.3390/rel15010062.
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In many churches nowadays, there has been a standardized approach to premarital counseling for couples involving social, pastoral, and psychological perspectives. In contrast, many rabbis and other Jewish officials still concentrate on legal aspects alone. The need for resolving important issues on the verge of wedlock is too often left to secular experts in law, psychology, or counseling. However, in recent years, this lack of formal training for marriage preparation has also been acknowledged by the Jewish clergy in order to incorporate it in the preparatory period before the bond is tied. This case study focuses on Jewish and Roman Catholic conceptions of marriage, past and present. We intend to do a comparative analysis of the prerequisites of religious marriage based on the assumption that both Judaism and the Roman Catholic Church have a distinct legal framework to assess marriage preparation.
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Hind, John. "Papal Primacy: An Anglican Perspective." Ecclesiastical Law Journal 7, no. 33 (July 2003): 112–26. http://dx.doi.org/10.1017/s0956618x00005159.
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I am grateful to the Ecclesiastical Law Society and the Canon Law Society of Great Britain and Ireland for their invitation to address this theme, although I have to confess, as a non-lawyer, I do feel rather a fraud standing here. I take comfort, however, first from the fact that, albeit welcome, your invitation was unsought, and second from my understanding that the purpose of canon law is to give legal expression to the theology of the church and that the purpose of the theology of the Church (in its positive and articulated aspects) is to explain the purposes and the work of God. In other words, the ultimate point of canon law is and must be pastoral, as is well expressed by the last canon, Canon 1752, of the 1983 Code of Canon Law for the Roman Catholic Church, with its reference to ‘the salvation of souls, which in the Church must always be the supreme law’.
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Tarasevich, Ivan A. "Legal transplants of Roman–Byzantine law in Ancient Rus in the context of Russian legal doctrine formation." Russian Journal of Legal Studies (Moscow) 7, no. 2 (November 2, 2020): 45–51. http://dx.doi.org/10.17816/rjls34026.
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The article discusses some aspects of the influence of RomanByzantine law on the legal system of Kievan Rus. Such legal transplants were conducted through the religious sphere of society, namely, through representatives of the clergy and institutions of the Christian church.
The author comes to the conclusion that the legal doctrine of Russia had been Christian-centric since the time of the Kievan Rus. The ancient Slavs were not only ready for the adoption of such a legal paradigm, but even demanded it. In particular, this is indicated by the granting to the church court of several greater powers than in Byzantium.
According to the author, Christian-centricity is a fundamental element of the legal paradigm of modern Russia, which is proven by the peculiarities of constitutional reform in the country.
Dissertations / Theses on the topic "Roman law, religious aspects"
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Black, Michael Thomas. "The theology of the corporation : sources and history of the corporate relation in Christian tradition." Thesis, University of Oxford, 2010. http://ora.ox.ac.uk/objects/uuid:552b2250-f462-490c-8156-29cf430431af.
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This essay presents evidence that the institution of the corporation has its origins and its main developmental 'epochs' in Judaeo-Christian theology. The notion of the nahala as the institutional symbol of the Covenant between YHWH and Israel is a primal example of the corporate relationship in its creation of an identity independent of its members, its demand for radical accountability on the part of its members, and in its provision of immunity for those who act in its name. On the basis of the same Covenant, St. Paul transforms an ancillary aspect of Roman Law, the peculium, into the central relationship of the Christian world through its implicit use as the institutional background to the concept of the Body of Christ. The exceptional nature of this relationship allows the medieval Franciscans and the papal curia to create what had been lacking in Roman Law, an institution which can own property but which cannot be owned. This relationship is subsequently theorized as the Eternal Covenant by Reformed theologians and successfully tested in one of the greatest theological/social experiments ever recorded, the 17th century settlement of North America. The alternative 'secular' explanation of the corporation provided by 19th century legal philosophy relies implicitly on the theological foundations of the corporation and remains incoherent without these foundations. The theological history of the corporation was recovered in the findings of 20th century social scientists, who also identified corporate finance as the central corporate activity in line with its Levitical origins. Although the law of the corporation is secular, the way in which this law was made a central component of modern life is theological. Without a recovery of this theological context, the corporation is likely to continue as a serious social problem in need of severe constraint.
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Jones, Deborah. "Can there be a Roman Catholic theology of animals?" Thesis, University of Wales Trinity Saint David, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.683283.
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Hunt, Ailsa Gaynor. "Rooted in religion : the Roman sacred tree." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.608102.
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Brugger, E. Christian. "Capital punishment, abolition and Roman Catholic moral tradition." Thesis, University of Oxford, 2000. http://ora.ox.ac.uk/objects/uuid:352bddad-62d7-4621-9043-b603afdc5855.
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The last fifty years have seen a turn in the Catholic Church's public attitude toward capital punishment. From openly defending the right of the state to kill malefactors, the Church has become an outspoken opponent. What accounts for this? How can it be reconciled with Catholic tradition? Should the current teaching be called a 'development of doctrine'? Can we expect further change? These questions shape this thesis. The work is divided into three parts comprising a total of eight chapters. Part I undertakes a detailed exegesis of the death penalty teaching of the Catechism of the Catholic Church (1997). I conclude that the text, while not explicitly stating that the death penalty is in itself wrong, lays down premises which when carried to their logical conclusions, yield just such a conclusion. This conclusion is checked and confirmed by the fundamental moral reasoning found in the papal encyclicals Evangelium Vitae and Veritatis Splendor. In light of this conclusion (what I call the new position), Part II asks the question: may the Church, constrained by sound biblical interpretation and dogmatic tradition, legitimately teach in a definitive way that capital punishment is per se wrong? This is a question which concerns the development of doctrine. Before it can be answered the Church's traditional teaching needs to be precisely formulated so that it can be placed in juxtaposition to the new teaching. An analysis of statements throughout ecclesiastical history is therefore undertaken and what we might call the cumulative consensus of ecclesiastical writers on capital punishment is formulated. The authoritative nature of this teaching is analyzed to determine what kinds of developments it admits and excludes. Judging its nature admits of a development like the one described in Part I, models are proposed to explain modes by which it might be understood to be developing. Finally, a systematic and philosophically consistent account of the new position is proposed and its implications for other teachings in the Church's tradition of 'justifiable violence' is examined.
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Stavropoulos, Evangelos. "Le dialogue institutionnel entre Imperium et Sacerdotium sous l’empereur manuel Ier Comnène (1143-1180) : droit civil, droit canonique, idéologie impériale." Thesis, Université Paris-Saclay (ComUE), 2017. http://www.theses.fr/2017SACLS193.
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Le règne de Manuel Ier, est décrit à partir du respect du principe de la pietas. Le terme a une teneur morale canoniste et juridique qui concerne la capacité du Basileus de légiférer de façon juste en faveur des intérêts de l’État, en respectant toujours le Droit sacré. L’œuvre législative de Manuel Ier que les commentaires des juristes byzantins de l’époque tendaient vers une interprétation moderne de dispositions fondamentales du droit romain.L’objectif principal du programme a été de raffermir l’image sacerdotale du Basileus, qui avait été sécularisée durant la crise politique du XIe siècle. Le rapprochement de l’État et de l’Église sous Manuel Ier a été le fruit d’un réalisme politique, étant donné que l’Église était reconnue, premièrement comme un réservoir idéologique pour l’Empereur, deuxièmement comme un facteur de légitimité et troisièmement comme un facteur de cohésion sociale. Sur le plan du Droit, l’attachement de Manuel Ier aux lois civiles et la nécessité de leur application rigoureuse étaient liés à sa conception selon laquelle la civilisation juridique était en accord avec la supériorité du système d’État byzantin qui, dans le fond, exprimait l’ordre divin et la volonté de Dieu lui-même. Par conséquent, la soumission de la Basileia à la loi impliquait la soumission aux commandements de Dieu.L’incorporation et la soumission du droit canonique au droit public signifiaient la nécessité de dépasser le dualisme étatique entre Imperium et Sacerdotium, au profit d’un ordre juridique aux caractéristiques intrinsèquement suprématistes. L’intégration organique de l’Église dans ce programme valorisait de façon décisive ses responsabilités spirituelles vis-à-vis d’un Empereur qui concevait la gouvernance comme une responsabilité avant tout spirituelle. De même, la distinction entre canons et lois et la systématisation de l’étude de droit canonique témoignent de la nécessité pratique de l’existence d’un code de Droit unitaire, où non seulement la loi de l’État serait présentée alignée sur les besoins modernes de l’État, mais où le droit canonique contribuerait aussi aux besoins spirituels de la sociétéManuel’s I Comnenus reign is characterized from the respect to the principle of pietas. This notion has a moral and juridical content which determines the capacity of Basileus to act according to the State’s interests, respecting – in the same time – the Divine law. The legislative corpus of Manuel I is a manifestation of a tendency to a modern interpretation on fundamental principles of classic Roman law. This objective target of this program was to reconstruct the sacerdotal image of Basileus which has been secularized during the political crises of XI century. The rapprochement between the State and the Church was a fruit of political realism: i. The Church was recognized as an ideological tank for the Emperor, ii. as a factor of political legitimacy and iii. as a factor for the construction of the social cohesion. The attachment of Manuel I to the Civil Law and the necessity of his application was synonymous to his conception according to which the juridical civilization was the manifestation of the Byzantine State’s superiority, which fundamentally describe the divine order and the God’s will. This means that the submission of Basileia to the Civil Law was describing her submission to the God’s commandments. The incorporation and the submission of the Canon Law to the Civil Law describes the necessity for the overpassing the political dualism between Imperium and Sacerdotium in the horizon of a juridical order with supremacist characteristics. The integration of the Church in the Comneno’s political program was valuing decisively her spiritual responsibilities vis – a – vis an Emperor who understood his governance as a spiritual act. In the same way, the distinction between canons and laws and the systematization of the Canon Law studies saws the practical necessity of the existence of a unique code of Civil Law, which could express the modern needs of the State and in the same time could contribute to the spiritual needs of society
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Nehushtan, Yossi. "Religious conscientious exemptions." Thesis, University of Oxford, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670045.
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Bramadat, Paul A. "Popular hermeneutics : a comparison of Roman Catholic and secular responses to sexual imagery in popular culture." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=56958.
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This thesis explores Roman Catholic and secular responses to sexual imagery in popular culture. The Catholic and socio-philosophical responses may be subdivided according to specific ideal types to elucidate the major ideological and ethical movements operative within these two hermeneutical traditions. I use the media luminary Madonna as a case study to illustrate the inadequacy of much that Catholic and secular cultural critics have written about religiously ambiguous and sexually provocative popular culture phenomena. Typically, secular critics neglect the religious implications of such phenomena, while Catholic critics overlook their ideological implications. I shall demonstrate both that hermeneutical exclusivity weakens the two major approaches and that only methodologies which take seriously both Catholic and secular insights are appropriate for analyzing this aspect of popular culture.
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Moosagie, Mohammed Allie. "Islamic law and social change : a legal perspective." Master's thesis, University of Cape Town, 1989. http://hdl.handle.net/11427/15878.
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Includes bibliographies.My thesis attempts, in the first instance to ascertain whether Islamic legal theory (usul) has made provisions for the accommodation of changing social exigencies. If such provisions have been made, are they adequately employed to achieve optimum benefit? In the second instance, the Islamic judicial process of discovering and formulating the Divine law and the elements that contribute towards it is subjected to scrutiny to ascertain whether it is proceeding according to the general provisions made for it in terms of the principles of the law or, whether this crucial process has since been abandoned, corrupted, distorted or replaced. I have chosen four representative classical works of usul al-fiqh on which to base my assessment of usul vis-a-vis changing social exigency. One of the works is a Shafi i exposition; the second two are Hanafi expositions, and the fourth is a general exposition not located in a particular legal school (madhhab).After illustrating the inherent leeways to be found in the legal propositions together with the inherent scope accompanying the notions of maslahah (utility) and urf (prevailing norms), I proceed to evaluate the extent to which these leeways are employed in the actual judicial process of two of the world's most authoritative judicial institutions namely; al-Azhar (Cairo) and Darul Ulum (Deoband). To do this, I analyze the fatwa (judicial decree) on organ transplantation from both these institutions. My analysis is not aimed at the outcome of the fatwahs, but rather at the processes involved in arriving at the particular verdicts. In my conclusion I point to the ample provisions made by legal theory to contend with any social exigency and to the tragic neglect of their employment in the application of the law to novel situations. It is, therefore, the inconsistency between the provisions of legal theory and the absence of their application in the actual judicial process that has contributed to the current tension between law and social change.
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Liu, Wenting, and 刘雯婷. "The Christian dimension of the origin of constitutionalism: St. Augestine, Thomas Aquinas, RichardHooker and John Locke." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2012. http://hub.hku.hk/bib/B4786977X.
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In 2011, many countries experienced great travail in the process of constituting a new order. Of different religious backgrounds, these countries have been seeking to establish a constitutional order to assure greater liberty and higher estimation of human rights. However, the idea of constitutionalism is a legal concept that has its origins in Christianity. For states of non-Christian backgrounds to embrace constitutionalism, more than simple transplantation is needed. This research looks at the Christian legal tradition that incubated the idea of constitutionalism. It aims to provide a timely reference for the non-Christian countries to communicate with their local legal traditions when constructing the constitutional order during this current period of political change.
The research demonstrates an incubation process in which Christianity has played a major part in generating constitutionalism. It traces the constitutional thinking of St. Augustine, Thomas Aquinas, Richard Hooker and John Locke, and presents how their legal thoughts were intertwined together with the Christian faith. The research shows the interlocking relationships among the four thinkers, with each of them establishing their constitutional ideas on those of the one before him. St. Augustine formed the embryo of the process. He introduced the idea of two cities, which established a concept of higher justice above all human authorities. He also redefined the concept of people in order to explain the relations among God, people and the state. Thomas Aquinas applied the higher justice concept to medieval order and developed a mixed constitutional polity supported by bible verses. He defined law with rationality, which is God’s command. Richard Hooker amended Aquinas’ general theory of law and grounded the popular sovereignty on reasonable men exercising their consent. John Locke finally rendered the sovereignty to independent individuals; thence, individual human rights must be guarded against any interventions from public authority. The protection of individuals is the paramount value that identifies constitutionalism. Therefore, the author argues that Christianity is one of the major dimensions that enabled the birth of constitutionalism.published_or_final_version
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Makhasane, Charles Tsepo. "The foundation of human rights according to Roman Catholic Church natural law in comparison with the UN Declaration of Human Rights and the African Charter." Master's thesis, University of Cape Town, 2001. http://hdl.handle.net/11427/7896.
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Bibliography: leaves 122-128.The principal objective of this research paper is to explore the foundation of human rights according to the Social Teachings of the Roman Catholic Church, the UN Declaration of human rights and the African Charter. However, the African Charter reflects the carbon copy of the UN Declaration and they both demonstrate that the origin of human rights is human dignity and the worth of the person.
Books on the topic "Roman law, religious aspects"
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Franchini, Lorenzo. Voti di guerra e regime pontificale della condizione. Milano: V&P, 2006.
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Fiori, Roberto. Homo sacer: Dinamica politico-costituzionale di una sanzione giuridico-religiosa. Napoli: Jovene, 1996.
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Oonan, Mary Elizabeth. The Druids and the Romans. Dublin: University College Dublin, 1995.
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Baccari, Maria Pia. Cittadini, popoli e comunione nella legislazione dei secoli IV-VI. Torino: G. Giappichelli, 1996.
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Garofalo, Luigi. Studi sulla sacertà. Padova: CEDAM, 2005.
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Giuliana, Lanata, ed. Il tardoantico alle soglie del Duemila: Diritto, religione, società : atti del quinto Convegno nazionale dell'Associazione di studi tardoantichi. Pisa: ETS, 2000.
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Vallocchia, Franco. Collegi sacerdotali ed assemblee popolari nella Repubblica romana. Torino: G. Giappichelli, 2008.
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Buchanan, Linda K. Single mothers and changing religiosity: A report on the effect of separation and divorce on religious attitudes toward the Roman Catholic Church and survey methodological problems for comparative religious studies. Toronto: Canadian Religious Conference, 1988.
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Zuccotti, Ferdinando. Il giuramento nel mondo giuridico e religioso antico: Elementi per uno studio comparatistico. Milano: Giuffrè, 2000.
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-Y, Empereur J., ed. Commerce et artisanat dans l'Alexandrie hellénistique et romaine: Actes du colloque d'Athènes, organisé par le CNRS, le Laboratoire de céramologie de Lyon et l'Ecole française d'Athènes, 11-12 décembre 1988. Athènes: Ecole française d'Athènes, 1999.
Find full textBook chapters on the topic "Roman law, religious aspects"
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Mantovani, Dario. "Aspects of the Critical Edition of Roman Juristic Works. The Example of Ulpian's De Officio Proconsulis." In Jurists and Legal Science in the History of Roman Law, 235–60. London: Routledge, 2021. http://dx.doi.org/10.4324/9780429319266-12.
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Scheid, John. "The Priest and the Magistrate." In The Religious History of the Roman Empire, 33–74. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780199644063.003.0003.
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Abstract This chapter explicates the divisions of power between priests and magistrates, which are either determined by Roman tradition or Greek thought. It highlights the Roman public law reproduced by the hierarchy: Publicum ius in sacris, in sacerdotibus, in magistratibus consistit. Cicero outlined two types of legislation for the main aspects of power, religious laws, and laws concerning magistrates in line with the legitimately hierarchical order that corresponds to Ulpian. The chapter then considers the military immunity and privileges of priests, and how magistrates could also participate in the practice of public religion. Additionally, it recognizes the difference of recruitment for priests and magistrates.
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Rocco, Marco. "The leges regiae in Livy: Narratological and Stylistic Strategies." In Roman Law before the Twelve Tables, 77–96. Edinburgh University Press, 2020. http://dx.doi.org/10.3366/edinburgh/9781474443968.003.0006.
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This chapter discusses how Livy in his first book presents the leges regiae (some of which can be found exclusively in Ab Urbe condita) in light of the following categories: religious life; civitas’ fundamental institutions; political life; war and army; agrarian laws; granting of citizenship. It appears that in Livy the leges are straightforward and detailed when they are related to the religious sphere, while they appear more concise and vague when they are measures of a heterogeneous nature. Livy also systematically adjusts his narrative technique on the basis of the function assigned to a law. He shows particular care in reporting technical formulas when he wishes to emphasize the sacredness and longevity of laws concerning founding traditions and “constitutional norms”; on the other hand, Livy emphasizes those aspects of the laws that would appear in line with the characteristics that he wants to attribute to the kings.
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Shannon, Thomas A. "Reproductive Technologies: Ethical and Religious Issues." In God Forbid, 203–18. Oxford University PressNew York, NY, 2000. http://dx.doi.org/10.1093/oso/9780195121629.003.0012.
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Abstract This article will discuss several ethical dimensions of assisted reproduction. First, I will identify general ethical issues that have not been fully evaluated, primarily because of the way the field of assisted reproduction developed. Second, I will argue that while Roman Catholicism has a fairly developed and clear teaching about assisted reproduction and that while some of this teaching has a value beyond the boundaries of this religion, ultimately the teaching lacks credibility because of use of a problematic understanding of natural law. The teaching is overly physicalist or biological in its development of norms, and this narrowness of interpretation impedes Catholicism from responding constructively to historical changes in marriage and in the family. Finally, I will develop aspects of Roman Catholic social ethics that could contribute to a discussion of assisted reproduction, particularly within the discussion of health insurance. Here I will be moving beyond a traditional understanding of natural law but will remain within the general context of Roman Catholic social teaching. While criticizing many aspects of traditional Roman Catholic teaching, I want to argue that there are, nonetheless, resources within this tradition that are both constructive and useful in evaluating this important, developing branch of reproductive medicine.
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Curren, Charles E. "Sexual Orientation And Human Rights In American Religious Discourse: A Roman Catholic Perspective." In Sexual Orientation & Human Rights in American Religious Discourse, 85–100. Oxford University PressNew York, NY, 1998. http://dx.doi.org/10.1093/oso/9780195119428.003.0007.
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Abstract This essay addresses the issue of sexual orientation and human rights in American religious discourse from the perspective of Roman Catholicism. This complex question has a number of different facets: the moral teaching about homosexuality, whether the teaching is proposed for all humankind and should be found convincing by those who do not share Catholic faith, the way in which religion should engage in public discourse, the relationship between morality and law, and finally the different aspects of law (the legality or illegality of homosexual acts, the rights of homosexual persons not to be discriminated against in our society, the provision of certain benefits to same-sex couples, the legal acceptance of gay marriages).
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Allitt, Patrick. "Ambiguous Welcome: The Protestant Response to American Catholics." In Roman Catholicism in the United States, 21–42. Fordham University Press, 2019. http://dx.doi.org/10.5422/fordham/9780823282760.003.0002.
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This chapter examines aspects of American Catholic history that lay outside the commonly told story of parishes and immigrants by surveying the efforts of American Protestants—from the colonial era to the present—to properly map that Catholic place in the life of their nation and their own religious sensibilities. It shows how the ambivalent greeting initially extended to Catholic immigrants by U.S. Protestants was shelved for outright hostility during the nativist era prior to the Civil War, when the mass emigration of impoverished, famine-stricken Irish Catholics greatly aggravated preexisting fears of “popish superstition.” At the same time a number of Protestants—often from elite backgrounds—found themselves powerfully drawn to Catholic art and ritual, and more than a few took the plunge into religious conversion.
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Boyd, Nathaniel. "Pufendorf on Confessional Strife and Interstate Relations." In Pufendorf's International Political and Legal Thought, 23–40. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/oso/9780192883353.003.0002.
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Abstract The present chapter analyses Samuel Pufendorf’s understanding of the international legal order and how it was shaped by his reflections on topics that are conventionally distinguished from international law in academic study, namely, religious toleration and theology. The first and second sections examine the post-Westphalian system in the Holy Roman Empire and the importance of keeping the promises made between states. The third section takes up the theological dimension of Pufendorf’s thinking in Jus feciale divinum (1695) and the covenant or federal theology it involves. Parallels are consequently drawn between Pufendorf’s arguments on covenants with treaties in international law. The concluding section studies these aspects in further detail and shows the extent to which Pufendorf’s conception of international law reflects the pattern of his theology.
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Benson, Iain T. "Subsidiarity." In Christianity and Constitutionalism, 432—C21.N1. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780197587256.003.0021.
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Abstract Subsidiarity addresses the ordering of relations between the local and the wider aspects—family, community, and state, province, or federation. It addresses the limits of law and policies, acts as a check and balance on the state, and contributes to a preference for the organic and diverse. A constitution ordered by subsidiarity has a better frame for the rule of law and protects against the rule by technology. Subsidiarity is an organizing principle of Roman Catholic social thought but originates in classical philosophy and is found in the Western legal tradition. Explicitly or implicitly, constitutional law orders the reach of law and its influence on the nexus of families and associations that make up civil society. This ordering of law determines in part whether life is viewed as organic or as technological, quantitative, and mechanistic. The principle, along with the related one of solidarity, is more than simply de-centralization and orders a society toward justice and the common good. The principle seeks to ensure larger or less proximate aspects of society assist the smaller and the more local aspects to undertake their proper functions and realize those ends proper to their true natures rather than submerge or control them improperly. The South African Charter of Religious Rights and Freedoms and local governance initiatives in the United Kingdom provide current examples of subsidiarity.
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"Rationalizing Religious Practices:." In Law and Religion in the Roman Republic, 85–106. BRILL, 2012. http://dx.doi.org/10.1163/9789004219205_006.
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"Roman perceptions of Roman tablets: aspects and associations." In Legitimacy and Law in the Roman World, 21–43. Cambridge University Press, 2004. http://dx.doi.org/10.1017/cbo9780511482861.004.
Full textConference papers on the topic "Roman law, religious aspects"
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Габазов, Тимур Султанович. "ADOPTION: CONCEPT, RELIGIOUS AND HISTORICAL AND LEGAL ASPECTS." In Социально-экономические и гуманитарные науки: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Апрель 2021). Crossref, 2021. http://dx.doi.org/10.37539/seh296.2021.54.40.012.
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В статье раскрываются устоявшиеся понятия усыновления и их историческое видоизменение с учетом положений Древнего Рима. Приводятся статистические данные работы судов общей юрисдикции за 1 полугодие 2019 года по исследуемой категории дел как Российской Федерации в целом, так и одного из субъектов - Чеченской Республики. Анализируется отношение таких основных мировых религий как христианство, буддизм и ислам к вопросу усыновления, а также к способам, с помощью которых можно и нужно преодолевать данную социальную проблему. В работе делается акцент на усыновление детей, имеющих живых биологических родителей, а не только сирот, и дается анализ в изучении вопроса усыновления на примере чеченского традиционного общества до начала ХХ века и в настоящее время, а также исследуются виды усыновления. Вводится понятие «латентное усыновление» и раскрывается его сущность. Выявляются разногласия между нормами обычного права и шариата, которые существуют у чеченцев, а также раскрываются негативные стороны тайны усыновления. И в заключение статьи разрабатываются рекомендации по взаимообщению и взаимообогащению между приемными родителями и биологическими родителями усыновляемого. The article reveals the established concepts of adoption and their historical modification, taking into account the provisions of Ancient Rome. Statistical data on the work of courts of general jurisdiction for the 1st half of 2019 for the investigated category of cases of both the Russian Federation as a whole and one of the constituent entities - the Chechen Republic are presented. It analyzes the attitude of such major world religions as Christianity, Buddhism and Islam to the issue of adoption, as well as to the ways by which this social problem can and should be overcome. The work focuses on the adoption of children with living biological parents, and not just orphans, and analyzes the study of adoption on the example of a Chechen traditional society until the beginning of the twentieth century and at the present time, as well as explores the types of adoption. The concept of “latent adoption” is introduced and its essence is revealed. Disagreements are revealed between the norms of customary law and Sharia that exist among Chechens, as well as the negative aspects of the secret of adoption are revealed. And in the conclusion of the article, recommendations are developed on the intercommunication and mutual enrichment between the adoptive parents and the biological parents of the adopted.
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Tomassoni, Rosella, Stefania Liburdi, and Annalisa Marsella. "THE ROLE OF WOMEN IN THE HISTORY OF ROMAN RELIGION: FROM VESTALE TO MADONNA." In 10th SWS International Scientific Conferences on ART and HUMANITIES - ISCAH 2023. SGEM WORLD SCIENCE, 2023. http://dx.doi.org/10.35603/sws.iscah.2023/fs06.07.
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Introduction: Within the concept of women in the archaic Roman era, the present paper will attempt a believable reconstruction of the passage of the vestal woman figure, subjected to the male �potestas� of the �pontfex maximus� in which Eros was sacrificed to the Civitas due to the blackmail of equal rights, to the recovery of the woman as an object of Christian contemplation. Objective and Method: The aim of this article, through the analysis of recognized sources, is to study the axiom according to which the Roman woman was considered equal to the man in society (for roles, reputation, legal capacity, and public image), only playing the religious role of vestal, which denied her femininity.Throughout history, male domination was revealed in all fields, still in the religious field, until the advent of Christianity which re-evaluated the woman through the figure of the Madonna, attributing to her the role of mother of the creator. Topic: The figure and role of women in ancient Rome did not disregard religion. In that period, the various female personalities could be identified in the figures of: matrons, prostitutes, commoners, vestals, all of which were characterized by enslavement to the particular patriarchal figure (pater, husband or pontifex). Only the vestal priestesses would seem to be excluded from the list of figures subject to male protagonists. The woman, considered tender and soft (�mollis, �mulier�, the most fragile) was completely excluded from important roles in Roman society.The juridical position of the Roman woman is obtained in the law of the XII tables (451-450 BC): "Feminas, etsi perfectae aetatis sint, in tutela esse, exceptis virginibus Vestalibus" - "The women are all to be under protection, although they are adults, except the Vestal virgins". Vestal women could juridically act like a man only if subjected to the temple of the goddess Vesta; in a psychoanalytic analysis, therefore, the counterpart was the renunciation of femininity, which was imposed by the thirty-year chastity they had to abide by. Throughout history, male domination was revealed in all fields, still in the religious field, until the advent of Christianity which re-evaluated the woman through the figure of the Madonna, attributing to her the role of mother of the creator. Conclusion: In conclusion, with this article, we will analyse how the Roman religions (polytheistic and monotheistic) have contributed, throughout history, to subjecting women to male domination and to attributing a negative and sinful image to them, until the advent of Christianity. The psychologist feels the need to address a question: what of this primordial essence of the feminine scares the man of every age?
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Zeljković, Stefan. "UTEMELjENjE DRŽAVNO-PRAVNOG I KANONSKOG POLOŽAJA KARLOVAČKE MITROPOLIJE U HABZBURŠKOJ MONARHIJI." In MEĐUNARODNI naučni skup Državno-crkveno pravo. University of Kragujevac, Faculty of law, 2023. http://dx.doi.org/10.46793/dcp23.213z.
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The history of the Serbian people in the Habsburg Monarchy is inseparable from the Metropolitanate of Karlovci. In this paper, we will attempt to explore the legal status of this institution, focusing on the historical context and the process of its formation. We will then examine two aspects of its legal existence: its state-law status within the Habsburg Empire and its ecclesiastical-canonical status within the Orthodox Church. Since the legal status of the religious structure of Orthodox Serbs under the Habsburg dynasty shaped their religious and political life, the aim of this paper is to provide a modest contribution to understanding the history and significance of the Metropolitanate of Karlovci
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Răchişan, Delia-Anamaria. "Names of saints and holidays in various Romanian ethnographic areas and cultural spaces." In International Conference on Onomastics “Name and Naming”. Editura Mega, 2022. http://dx.doi.org/10.30816/iconn5/2019/66.
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The paper aims to highlight two aspects: on the one hand, to what extent names of saints interact with names of holidays in the Christian (Orthodox, Greek-Catholic, Roman-Catholic) calendar and in the folk calendar; on the other hand, whether names of saints and/or holidays in Romanian cultural space can be found in other cultural spaces. Upon looking at names of saints and holidays over the year in the calendars mentioned above, sometimes we notice similarities or contaminations, whereas on other occasions we come across differences. We focus our attention on twelve saints, correlated with twelve holidays over the year, celebrated by Christians regardless of religious confession and cultural space. The regional names of the holidays from various Romanian ethnographic areas attest to their age. The complexity of this research is underpinned by our synchronic analysis and interdisciplinary perspective (linguistics, ethnology, religion, mythology), which also refers to identity-otherness relationships, eponyms, isotopies, synonymy and antinomy connections, contamination and multiculturalism in onomastics.
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Đurđević, Nenad. "KOLEKTIVNI ASPEKT SLOBODE VEROISPOVESTI." In MEĐUNARODNI naučni skup Državno-crkveno pravo. University of Kragujevac, Faculty of law, 2023. http://dx.doi.org/10.46793/dcp23.005dj.
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By its importance to the greatest number of people, freedom of religion, both historically and in the modern world, has become their universal need and interest, with characteristics that enable and require a greater and more specific presence of law than in the case of the legal treatment of freedom of thought, conscience and religion, into which she herself enters. It is about the so-called absolute human right (the right of personality), for which a person cannot only be punished but also harassed, including forcing him to reveal his religion. Freedom of religion is, above all, man's spiritual sphere, which represents his forum internum. However, unlike freedom of thought and conscience, freedom of religion also has an external component (forum externum), i.e., a collective aspect, the essence of which is the possibility of professing faith in communication and community with other people, publicly and privately, through non-institutional and institutional forms. At the same time, for the vast majority of believers, the freedom to associate with others for the purpose of expressing their faith, that is, the possibility to freely form their own religious community in legally recognized forms, is of the same importance as the right to have a particular religion in general. Freedom of religion, as an individual right, can be annulled if it is not supplemented by the right of a religious group to build an infrastructure that enables individuals to fully enjoy that freedom and the right to autonomy in their internal affairs. The collective aspect of freedom of religion is often connected in practice with state intervention in favor of some, as a rule, majority religious community to the detriment of minority religious communities or with state interference in the internal organizational or personnel issues of a religious community. Many of these cases ended up before the European Court of Human Rights with a decision on the violation of freedom of religion, often with violations of the prohibition of discrimination or freedom of association. The European Court of Human Rights found in all those cases that such a position of the state is contrary to its obligation to act neutrally in relation to all churches and religious communities on its territory, from the point of view of realizing both individual and collective aspects of freedom of religion. The persecution of the Ukrainian Orthodox Church of the Moscow Patriarchate and its clergy by the Ukrainian state and the complete siding with the Ukrainian Orthodox Church of the Kyiv Patriarchate, which we have witnessed in recent years and especially in 2023, clearly show all the fragility and politicization of the guarantee of the collective aspect of freedom of religion when it conflicts with state and geostrategic interests and policies. We can also add the recent events regarding the adoption of the Law on Freedom of Religion in Montenegro and the conclusion of the Fundamental Agreement between the State of Montenegro and the Serbian Orthodox Church. It can be freely said that the realization of freedom of religion, and especially its collective aspect, for a certain religious community/group in practice most often essentially depends on its relationship with the state authority on whose territory it operates and the model of state-religious community relations applied in a particular state.
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Aslandogan, Y. Alp. "PRESENT AND POTENTIAL IMPACT OF THE SPIRITUAL TRADITION OF ISLAM ON CONTEMPORARY MUSLIMS: FROM GHAZALI TO GÜLEN." In Muslim World in Transition: Contributions of the Gülen Movement. Leeds Metropolitan University Press, 2007. http://dx.doi.org/10.55207/mnsp5562.
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Western analysts of trends in the contemporary Islamic world often overestimate the impact of contemporary Sufi orders and/or underestimate the impact of the spiritual tradition of Islam. Among the elements of the spiritual tradition conducive to religious pluralism is the ‘mirror’ concept: every human is seen as a mirror of God in three aspects: reflecting the at- tributes and names of God as His work of art, reflection through dependence on God, and reflection through actions God commands or commends. Since only the last aspect is vol- untary, every human, regardless of creed, is a mirror of God in at least the first two aspects. This is a potent argument for peaceful coexistence in religious diversity. The perspective of the spiritual tradition is emphatically inclusive and compassionate and naturally lends itself to non-violence, going beyond mere tolerance to hospitality and friendship. There are impor- tant impediments that prevent this perspective from having a greater impact: (1) the literalist opposition to flexible interpretation of concepts from the Qur’an and the Prophetic tradition, and the wide definition of innovation or heresy (‘bid`a’); (2) deviations of some Sufi orders and subsequent criticisms by orthodox Muslims; and (3) the impact of the politicisation of religion by some groups and political moves by certain Sufi orders. This paper argues that the only approach that has a chance of influencing the majority of contemporary Muslims in positive ways without being open to criticism is the ‘balanced’ spiritual tradition, after the style of the Companions, sometimes called tasawwuf, which strives to harmonise the outer dimensions of Islamic law and worship with the inner dimen- sion of spiritual disciplines firmly rooted in the Qur’an and Prophetic tradition. This paper will present an analysis of this ‘balanced’ spiritual tradition in Islam, from Ghazali, through Rumi, to Gülen.
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Jenko, Aladin. "Divorce problems Divorce from a man does not occur except in court model." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp238-250.
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"Divorce is considered a form of family disintegration that leads to the demolition of the family and family pillars after its construction through the marriage contract and then the termination of all social ties between husband and wife and often between their relatives. Divorce rates have risen to frightening levels that threaten our Islamic societies. Among the most important causes of divorce in our society are the following: The failure of one or both spouses in the process of adapting to the other through the different nature of the spouses and their personalities, the interference of the parents, the lack of harmony and compatibility between the spouses, the bad relationship and the large number of marital problems, the cultural openness, the absence of dialogue within the family. Several parties have sought to develop possible solutions to this dangerous phenomenon in our society, including: Establishment of advisory offices to reduce divorce by social and psychological specialists, and include the issue of divorce within the educational and educational curricula in a more concerned manner that shows the extent of the seriousness of divorce and its negative effects on the individual, family and society, and the development of an integrated policy that ensures the treatment of the causes and motives leading to divorce in the community, as well as holding conferences. Scientific and enlightening seminars and awareness workshops and the need for religious institutions and their media platforms to play a guiding and awareness role of the danger and effects of divorce on family construction and society, and to educate community members about the dangers of divorce and the importance of maintaining the husband’s bond and stability. As well as reviewing some marriage legislation and regulations, such as raising the age of marriage and reconsidering the issue of underage marriage, which is witnessing a rise in divorce rates. Among the proposed solutions is the demand to withdraw the power of divorce from the man's hands and place it in the hands of the judge, to prevent certain harm to women, or as a means to prevent the frequent occurrence of divorce. The last proposition created a problem that contradicts the stereotypical image of divorce in Islamic law, for which conditions and elements have been set, especially since Islamic Sharia is the main source of personal status laws in most Islamic countries. Therefore, the importance of this research is reflected in the study of this solution and its effectiveness as a means to prevent the spread of divorce, and not deviate from the pattern specified for it according to Sharia."