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1
Goodrich, Peter. "Oedipus Lex: Slips in interpretation and law". Legal Studies 13, n. 3 (novembre 1993): 381–95. http://dx.doi.org/10.1111/j.1748-121x.1993.tb00493.x.
Testo completoAbstract (sommario):
This essay addresses a perennial theme within the doctrine of common law. It is that of the Englishness of English law or alternatively, as Nietzsche once remarked, the lawfulness of being English. It is, ofcourse, a well-known and ironic historical fact that English law is a rather confused form oflocal French Law. The most obvious feature ofcommon law has been that for most of its history, it was recorded in Latin and argued and reported in a species of French. When William Camden sought to identify the most distinctive characteristic of the inhabitants of the Island Britannia, the only thing he could find about the origin of the word Britain was the ancient Gallic practice of painting the body with woad: ‘Brith… signifies anything that is painted and coloured over.’
2
Balthasar, Stephan. "Truth and secret: the protection of privacy in ancient German, French and English law". Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 74, n. 3-4 (2006): 337–54. http://dx.doi.org/10.1163/157181906778946074.
Testo completoAbstract (sommario):
AbstractComparing the legal development in France, Germany and England from 1500–1800, this article analyses the protection of those interests which are covered today by the law of privacy. Continental law, influenced by the Roman actio iniuriarum, protected personal secrets, and it also restrained, to a certain extent, the divulgation of embarrassing truths. The English law of defamation however, afforded no comparable protection, the proof of truth ("justification") being a perfect defence against any claim for damages under the head of defamation. The conclusion that the civil law has a long tradition of preserving sensitive information against unwanted publicity is underlined by the fact that the ancient ideas of protecting secrets and restricting publication of the truth helped 19th century lawyers in France and in Germany to approach the modern concept of privacy ("vie privée", "Privatleben").
3
Emerson, Robert. "The French Huissier as a Model for U.S. Civil Procedure Reform". University of Michigan Journal of Law Reform, n. 43.4 (2010): 1043. http://dx.doi.org/10.36646/mjlr.43.4.french.
Testo completoAbstract (sommario):
Huissiers de justice serve multiple roles in the French legal system. One is that of a court officer who compiles dossiers (reports). In that role, the huissier is d'audiencier (literally translated as "hearing" or "assisting") and works directly for the court system itself. The huissier's report remains alien to the American lawyer, who is steeped in notions of procedure and "testimonialism" and in principles of fairness which appear ancient, but are rather modern dissimulations of law and equity's rich history in the American tradition. An important aspect of most legal processes, the collection of data in preparation for litigation is particularly marked by rhetorical differentiations and historical adaptations reflecting upon (actually, reinforcing) a cross-cultural dissonance that discourages both harmonization and legal experimentation between the two great Western legal cultures (Civil Law and common law). The apparent discord between the two systems leads courts and commentators routinely to overestimate the disparity between the use of a French-styled investigative magistrate as opposed to the U.S. trial method. Despite the distinct nature of gathering evidence according to the French and U.S. traditions, the huissier is a type of figure found since the origin of the Western legal tradition. Vestiges remain in the United States, although American scholars and practitioners often overlook these manifestations (e.g., trustees and bailiffs). Still, the increasing complexity of commercial litigation, the harmonization of international civil procedure outside the United States, a growing corpus of international privacy standards, and a concern for the competitiveness of US. courts in attracting and inducing business development may cause re-examination of discovery rules, particularly the use of masters and investigative magistrates. Realizing that the French system is reflected in U.S. law not only may aid in resolution of disputes where both French and US. courts might claim jurisdiction, and where issues of transnational discovery often become key to resolving conflicts of law, but further can function as a paradigm from which particular administrative functions in U.S. courts may be reformed and harmonized with international standards and with principles of efficiency.
4
Borokh, Olga N. "Ancient Chinese economic thought and the French academic context of the 1930s: Li Zhaoyi’s doctoral thesis". Vostok. Afro-aziatskie obshchestva: istoriia i sovremennost, n. 4 (2021): 219. http://dx.doi.org/10.31857/s086919080015545-6.
Testo completoAbstract (sommario):
The article examines the contribution of the Chinese researcher of the first half of the 20th century Li Zhaoyi to the study of the impact of ancient Chinese thought on the economic doctrine of the French physiocrats. An interpretation of the schools of Taoism, Confucianism and Legalism as carriers of the idea of natural law, which became fundamental for physiocrats, is highlighted as a key feature of Li Zhaoyi’s academic concept. The interpretation of the Chinese teachings on morality, ritual, the way-Tao, and the law-Fa as different understandings of natural law was aimed at demonstrating the Chinese influence on the European thought of the Enlightenment. A distinctive feature of Li Zhaoyi’s research was the use of European concepts, primarily anarchism and individualism, to discuss the specifics of ancient Chinese thought through comparisons with the ideas of J.J. Rousseau, P.A. Kropotkin, M.A. Bakunin, M. Stirner. The increasing attention to the legacy of Li Zhaoyi in modern China is due to the growing interest in the problem of the recognition of Chinese concepts by the global academic community. Li Zhaoyi’s name was mentioned by well-known economist J.A. Schumpeter. The influence on the French physiocrats was a rare case of China’s contribution to the development of world economic science that is expected to provide inspiration for future intercultural interactions. It is concluded that the official policy of introducing “philosophy and social sciences with Chinese characteristics” to the outside world will help to maintain interest in the history of China’s influence on European thought.
5
Kroppenberg, Inge, e Nikolaus Linder. "Kroppenberg, Inge/Nikolaus Linder, „…als große Unruhen in Göttingen wegen der Gensd'armen Statt fanden …“. Gustav Hugo und die Studentenunruhen 1809/10". Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung 136, n. 1 (26 giugno 2019): 164–86. http://dx.doi.org/10.1515/zrgg-2019-0006.
Testo completoAbstract (sommario):
Abstract Gustav Hugo and the Göttingen student riots 1809/10. This paper deals with legal transplants during the Napoleonic era in Germany. Among the many changes introduced in the French ‘model kingdom’ of Westphalia, founded in 1806, were the introduction of the Code Napoléon and a complete reorganization of the judiciary. One of the institutions severely affected by these developments was the venerable University of Göttingen with its ancient privileges and royal prerogatives. The famous Romanist und founder of the Historical School, Gustav Hugo, was at its helm during the most turbulent phase of this reorganization. His achievements as vice rector are the subject of the second part of the paper.
6
Fedorov, Aleksandr V., e Mikhail V. Krichevtsev. "The History of the Development of the French Laws on Criminal Liability of Legal Entities". Russian investigator 1 (1 febbraio 2018): 46–56. http://dx.doi.org/10.18572/1812-3783-2018-1-46-56.
Testo completoAbstract (sommario):
The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.
7
PIEPRZYCA, Piotr. "ANALYSE CONTRASTIVE DE LA TERMINOLOGIE DU DROIT CAMBIAIRE DANS LA LANGUE FRANÇAISE ET POLONAISE". Comparative Legilinguistics 30 (29 ottobre 2017): 29–49. http://dx.doi.org/10.14746/cl.2017.30.2.
Testo completoAbstract (sommario):
The article presents the problem of equivalence between the main terms of the law on bills of exchange in Polish and French. First, the author presents the origins of the bill of exchange and the evolution of the law on bills of exchange from ancient times until the twentieth century when the rules concerning this branch of law were unified at the international level, in the convention concluded in Geneva on 7 June 1930. Afterwards, some terms related to bills of exchange in both language versions of the convention are analyzed in order to create the mini-dictionary of principal terms. Then these results are compared with the equivalents proposed in traditional dictionaries. The aim of this study is to check whether dictionaries are a valuable source for the translator of legal texts in relation to the corpus consisting of texts of international law, written in multiple languages.
8
HAMPSHER-MONK, IAIN. "EDMUND BURKE'S CHANGING JUSTIFICATION FOR INTERVENTION". Historical Journal 48, n. 1 (marzo 2005): 65–100. http://dx.doi.org/10.1017/s0018246x04004224.
Testo completoAbstract (sommario):
Burke's justification for intervention in French internal affairs in the name of the international community has formed a powerful strand of thought in both diplomacy and international relations theory. However, the strength and openness of Burke's advocacy, traced here, changed according to his target audience, the domestic, and the international political context. Crucially, when he came to justify the case openly, the arguments changed completely. Beginning with a Grotian argument drawn from Vattel and premised on states as isolated rights-holders in a pre-social ‘state of nature’, Burke always struggled to draw a justification for intervention in the case, allowed by Vattel, of irrevocable political disunion. This conflicted both with Burke's general conception of states as corporate wholes and his linked policy aspiration to restore the totality of French ancient institutions. Ultimately abandoning this, his final argument, fully set out only in the Letters on a regicide peace, is completely new. It is premised not on modern international law but on remedies to be found in Roman domestic law, invocation of which he justifies by claiming Europe to be a single juridical enclave, drawing on an eighteenth-century discourse of shared manners, law, and culture as constitutive of political identity and community.
9
Mašek, Petr. "Zámecká knihovna Nové Syrovice". Acta Musei Nationalis Pragae – Historia litterarum 67, n. 1-2 (2022): 62–65. http://dx.doi.org/10.37520/amnpsc.2022.008.
Testo completoAbstract (sommario):
The Nové Syrovice Castle library was collected by the Counts of Nimptsch, in particular Count Johann Heinrich von Nimptsch (1723–1806) and Count Karl von Nimptsch (1803–1869), and it also contains traces of the library of the Counts Marcolini. A later part of the collection was added by the Counts of Stubenberg. What is interesting is the manuscript collection, including a set of plans and drawings depicting the Hungarian fortress of Eger (Erlau) and the legal norms applicable to the duchies of Silesia. Works coming from the 16th century were mainly written by ancient authors. Early printed books are mostly in French and Latin, to a lesser extent in German, and occasionally in other languages, such as English. In addition to fiction, the library comprises numerous works of law, history, and French scientific publications. The collection contains relatively few 19th-century books; 20th-century works are completely absent, having been discarded in the 1950s.
10
Kubealaková, Martina. "Problémom nie sú muži, ale ľudia". Conversatoria Litteraria 17, n. XVII (20 ottobre 2023): 9–20. http://dx.doi.org/10.34739/clit.2023.17.01.
Testo completoAbstract (sommario):
The concepts of gender, gender role, gender identity, gender stereotypes, and the relationships between them are explained in the introduction of the study. The main topic is focused on essays about the relationship between masculinity and femininity, its genesis, and consequences in the contemporary life authored by the professor of ancient history at the University of Cambridge Mary Beard, the French writer Michel Houellebecq, and Jessa Crispin, the editor-in-chief of Bookslut. The essays resolve male-female power relations differently. Mary Beard offers the concept of over-gender, i.e. universality freed from the conditioning of gender identity.Michel Houellebecq dreams about human cloning and creating a new nature based on a single law, which is the moral law. Jessa Crispin prefers the world of equality based on humanity, built on the ruins of patriarchy, and shared by all people without distinction.
11
Svoboda, Timon. "Historický vývoj presumpce neviny". PRÁVNĚHISTORICKÉ STUDIE 53, n. 1 (25 luglio 2023): 149–63. http://dx.doi.org/10.14712/2464689x.2023.10.
Testo completoAbstract (sommario):
The article provides a comprehensive overview of the historical development of the presumption of innocence, the basic principle of criminal proceedings and basic human right, from ancient times to its first explicit anchoring on the territory of Czechoslovakia in the 1950s. It shows that the roots of the presumption of innocence can be found in antiquity, especially in Roman law. In the medieval inquisitional procedure, this principle was suppressed, only to be rediscovered later for continental Europe as a result of the inspiration of the English criminal process and enshrined in particular in the French Declaration of the Rights of the Citizen of 1789, from where it spread further. On the territory of Czechoslovakia, its first explicit establishment took place, surprisingly, in the 1950s, which are associated with the denial of the rights of non-compliant persons.
12
FRÉTEY, THIERRY. "Etymology of nomina of Amphibians and Reptiles of the French Antilles". Bionomina 35, n. 1 (15 dicembre 2023): 20–50. http://dx.doi.org/10.11646/bionomina.35.1.3.
Testo completoAbstract (sommario):
We provide a catalogue of 41 genus substantives and 110 species or subspecies epithets of amphibians and reptiles of the French Antilles, with presentation of some nomenclatural consequences that result from our observations, especially for Dryophytes squirella, Iguana rhinolophus, Pholidoscelis cineraceus and Pholidoscelis plei analifer. In order to solve some nomenclatural cases, we had to resort to 9 Articles of the Code (11.3, 28, 30.1.3, 30.1.4.2, 31.2.3, 33.3.1, 51.3, 51.3.1, 58) and to 21 technical nomenclatural terms. Once again, this highlights the fact that nomenclatural problems concerning ancient nomina cannot be properly dealt with in a hurry and without a good, but also critical, knowledge of the Code, and that the use of a more detailed terminology than that of the Code facilitates such a work.
13
Carrington, Paul D. "The American Tradition of Private Law Enforcement". German Law Journal 5, n. 12 (1 dicembre 2004): 1413–29. http://dx.doi.org/10.1017/s2071832200013328.
Testo completoAbstract (sommario):
The first thing for European lawyers to understand about American law is that the distinction between public and private law is in America seldom noticed. American judicial institutions, unlike those in most other countriees, were not designed merely to resolve civil disputes, but were fashioned for the additional purpose of facilitating private enforcement of what in other nations would generally be denoted as public law. This purpose reflects widespread mistrust of the political institutions and government officials upon whom American citizens would have to depend if private law enforcement were not available, as generally it is. That shared mistrust has ancient roots and is reflected in state and federal constitutional provisions assuring the weakness and ineptitude of American political institutions other than courts, and in the habit of Americans, observed in 1835 by the French observer de Tocqueville, to litigate issues they care most about. As a consequence of these conditions, substantial reliance for the regulation of business is placed on private plaintiffs. Much regulation is done ex post the regulated business conduct in the form of civil money judgments rather than ex ante in the form of official approval or disapproval. It is provided by lawyers serving as private attorneys general. Its aim is to keep business executives alert to the risks their business decisions may impose on others.
14
Van de Voorde, Johan. "Les droits subjectifs inclusifs en droits belge, français et américain Analyse à partir du droit aux choses communes (y compris la public trust doctrine), du droit à l’usage des voies publiques et du droit aux biens communaux". European Review of Private Law 28, Issue 5 (1 novembre 2020): 1009–63. http://dx.doi.org/10.54648/erpl2020062.
Testo completoAbstract (sommario):
The search for instruments to protect the environment has lead to the rediscovery of some ancient legal concepts, notably the res communes in the sense of article 714 of the Belgian and French Civil Code (Article 3.43 of the new Belgian Civil Code) and the public trust doctrine in United States law. The res communes are things which cannot be appropriated by anyone (such as water in rivers and seas, atmospheric air, nature and several components of nature), on which each therefore has a subjective right of use and enjoyment. This subjective right is protected, as are all subjective rights, by a cause of action (even independent of any tort). The fact that the right concerning res communes or the public trust benefit in principle everyone has interesting implications: it is not an exclusive subjective right, but an inclusive subjective right. The category of inclusive subjective rights is rather unknown and neglected in legal analysis. This contribution analyses this category, firstly identifying some inclusive subjective rights (next to the res communes and the public trust, it studies in the first place the rights to use public highways and more generally government property destined for public use (domaine public) and in the second place the collective rights of inhabitants of local communities to certain goods held by the incorporated community). It analyses then some of the general principles of their legal status, followed by an examination of their protection by legal action before the courts. Environmental protection - res communes - subjective rights - French law - Belgian law - Code Napoléon - inclusivity - inclusive subjective rights - exclusivity - public trust doctrine
15
Kee, Howard Clark. "Defining The First-Century CE Synagogue: Problems And Progress". New Testament Studies 41, n. 4 (ottobre 1995): 481–500. http://dx.doi.org/10.1017/s0028688500021652.
Testo completoAbstract (sommario):
The basic assumptions of many New Testament scholars about the nature of the synagoge in the first century prior to the First Jewish Revolt continue to match those enunciated by Lee Levine in his introduction to Ancient Synagogues Revealed. The features which he includes in his description are (1) regular prayers; (2) study; (3) sacred meals; (4) repository for communal funds; (5) law courts; (6) general assembly hall; (7) hostel; (8) residence for synagogue officials. Although he refers to Josephus, Acts and Ezra as sources for this historical reconstruction, the primary basis for his assumptions is the familiar Theodotus inscription, found by the French archaeologist Raimond Weill in the course of excavations in the socalled City of David section of the southeastern hill of Jerusalem from November 1913 to March 1914
16
Zientkowski, Przemysław. "Prawa człowieka prawem natury – źródło czy tożsamość? Refleksja nad koncepcją praw człowieka w cywilizacji Zachodu". Świat Idei i Polityki 10, n. 1 (2010): 191–213. http://dx.doi.org/10.15804/siip201010.
Testo completoAbstract (sommario):
Nowadays among the most popular concepts which characterize Western Civilization undoubtedly at the forefront is the idea of Human Rights. Although the enthusiasts of the individual rights’s cult proclaim that their current perspective is the product of modern culture. There is no doubt that sources of Human Rights would have been traced back to Ancient Greek times, in the doctrines of natural law, which was obligatory at that time for everyone and everything. The aim of the article is to present the identity of natural law being the source of Human Rights. This unity firmly survived till the time of the Enlightenment, when the French Revolution and following it positivism destroyed religious connection of Western Civilization contributed to the re-evaluation of existing standards. Perhaps, the current belief in the social and technological progress, the development of the idea of democracy or free approach to human sexuality, force the opposite emphasis on the protection of individual rights as well as strictly legal – doctrinal, which is linked with the increasing number of the present conflicts between conservatism and liberalism.
17
Trezubov, Egor, e Ekaterina Rusakova. "THE EVOLUTION OF SURETYSHIP IN ROMAN AND RUSSIAN LAW OF OBLIGATIONS". Herald of Omsk University. Series: Law 17, n. 1 (1 giugno 2020): 82–93. http://dx.doi.org/10.24147/1990-5173.2020.17(1).82-93.
Testo completoAbstract (sommario):
Introduction. The authors analyzes the historical development of the suretyship in the law of Ancient Rome and Russia. It is generally accepted that traditional private law institutions, which are also means of securing obligations, penetrated into Russian law through double reception – after their development in German and French law. Meanwhile, the suretyship was not created by Roman lawyers from scratch, it replaced the barbaric ways of securing the interests of the creditor based on hostage, debt bondage and others. The same methods evolved in ancient Russian law into an independent institution of bail. Purpose. The purpose of this study is to generalize and systematize knowledge about the historical development of the institution of suretyship in Roman private law and Russian law. Despite a long evolution, in modern Russian law the suretyship loses its accessory features that have been formed for more than two millennia, and acquires signs of abstractness. In this regard, it is important to determine the constitutive features of the legal relationship of surety to identify the trajectory of the subsequent development of the institution of personal securing of obligations. Methodology. In carrying out this study, general scientific and private law methods were used, including the system-structural method, methods of functional and historical-legal analysis. Results. Personal security of civil obligations arose in the legal space from the artificial creation of a correal plurality on the side of the debtor, which quickly outlived itself in view of the impossibility of achieving the goal of security – the proper guaranteeing effect for the lender. With the development of private law in Rome, the evolution of the institution of suretyship is visible – from the verbal forms of confirmation of third party debt and sureties for it, implemented by citizens in the form of sponsio, to the late form of fideiussor’s financial responsibility, tending to the modern model of guarantee. Russian suretyship develops from the universal institute of bail, mentioned even in the sources of law of the princely period. The bail was applied in all kinds of, not only private law relations, and was used as a general basis for third party liability. With the complication of civil relations, bail also develops as a means of personal security of the obligation, and by the beginning of reception of Roman law, the Russian suretyship naturally reached similarities with personal security in the sources of this reception – German and French law of obligations. The Russian suretyship of the XIX century becomes an independent obligation, the parties to which are the creditor and the surety, while the surety is not a co-borrower in the secured obligation and does not fulfill the main obligation as an intercession, the right of claim from the creditor passes to it, and the guarantor's liability, presumed as subsidiary, is realized only in cash. The further development of Russian suretyship, unfortunately, indicates the use of more pro-creditor approaches, which was caused by the unsatisfactory contractual discipline of the parties to civil legal relations. Conclusion. In the process of its evolution, surety remains the most used, and, in fact, the only universal way of personal securing obligations, despite the permanent attempts of scientists and law enforcement to introduce other means into civil relations. Recognizing the special significance of the suretyship, it is important to preserve the traditional constitutive features of this institution.
18
Matveyeva, T. "Formation of the continental system of European law by the example of the Old Athens and the Sparta". Analytical and Comparative Jurisprudence, n. 2 (24 luglio 2022): 20–26. http://dx.doi.org/10.24144/2788-6018.2022.02.3.
Testo completoAbstract (sommario):
The creation and development of modern law is a long historical process spanning several centuries and began with the writing of barbaric Truths (Salichna Pravda, Ripuarska Pravda, Primorsky Salic Franks, etc.). This process was more smooth and evolutionary than the corresponding processes in the field of state formation, where they were often established in a revolutionary way.
The origin of modern law begins with the reception of Roman law and the law of ancient Greece .. Thus was born city law, international trade law, whose roots are quite deep and strong. But at the same time the legal systems of the Middle Ages were very imperfect, and many of their provisions hampered the development of political democracy and capitalist entrepreneurship in the era of feudalism. These features of medieval legal systems, characterized by the lack of internal unity, prevented progressive changes, both in the state and in law.
The reform of the old feudal law on a new bourgeois basis was carried out by revolutionary coups - the English Revolution of the 17th century and the French Revolution of the 18th century. These revolutions have largely led to the unjustified destruction of the legal structure created over the centuries, to the breakdown of traditional legal culture, to legal nihilism and voluntarism. Ultimately, they led to significant changes in the field of law, to the formation of a new legal order, which led to the formation and rapid development of capitalism.
Modern law in the West (primarily Anglo-Saxon and European continental law of France) was formed and developed as a logical continuation of the previously formed systems of medieval (eg, "common law") and even ancient Roman law. The new law could not be something significantly different from the previous law, because in its self-development it absorbed, preserved and used many of its constructive, socially useful elements.
Modern law of the 20th and 21st centuries is largely based on previous law, the same laws of France (customary law), Roman law; moreover, the pre-revolutionary systems of England and France and Germany did not disappear without a trace. Much of it has been updated in modern law, as medieval law functioned in a society that already knew both private property and market relations and a fairly high level of legal technique.
The formation of new law meant the formation of bourgeois capitalist law, broke guild corporations and feudal monopolies, creating the necessary space for the growth of production and trade, for personal initiative, for the full use of needs is developing rapidly. (1, 48-51)
Modern law, in contrast to pre-revolutionary law, which was characterized by disunity and particularism, was born everywhere in the form of integrated national legal systems. It was capitalism, breaking all kinds of castes, regional, customs and other barriers, led to the emergence of not only nation-states but also national legal systems. The legal system acquires a new way of its existence - the system of legislation and the system of law, which was practically present only in its infancy in ancient and medieval societies. The dominant principle in the legal systems of modern times is constitutional (state, public) law, on the basis of which the legal structure of any society was built.
Legislation had a special system-forming significance in the formation of the new law.
19
Jansen, C. J. H., e W. J. Zwalve. "De Wetenschap Van Het Oudvaderlands Privaatrecht En Het Tijdschrift Voor Rechtsgeschiedenis". Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 61, n. 3 (1993): 401–9. http://dx.doi.org/10.1163/157181993x00240.
Testo completoAbstract (sommario):
AbstractThe history of Dutch private law, or - as it was called - 'ancient national law' ('oud vaderlands recht'), which was taught at Dutch universities since the days of S.J. Fockema Andreae sr (1844-1921), suffered from at least three serious disadvantages, viz. the absence of anything like a "Dutch nation" before the creation of the modern centralized state in 1798, the absence of anything like a "national law", least of all private law, before the enactment of the first Dutch civil code of 1809 and the inability to come to terms with the reception of Roman law, which was regarded as a cataclysmic event brought about by the "unhistoric" attitude of sixteenth-century Dutch lawyers (S.J. Fockema Andreae jr in 1950). Hence the emphasis on pre-reception medieval law and public rather than private law. On the other hand, the Dutch civilians were interested in "classical" Roman law rather than the history of private law after the reception of Roman law in the Netherlands. To most of them Roman law had become distorted and disfigured in the process. So the study of the history of substantive private law of the era between the reception of Roman law and the enactment of the first civil code was rather unattractive to both groups of legal historians. To the "germanists" national law was tainted with Roman law, whereas to the civilians, the "romanists", Roman law had become contaminated by the mould of ancient customary and statutory law and the expediency of legal practitioners. So, in spite of the fact that the very same era is commonly regarded as the heyday of Dutch legal science (Voetius, Grotius, Vinnius), no comprehensive introduction to what is also commonly regarded as a most important Dutch contribution to European legal culture, viz. "Roman-Dutch" law, was ever written in the Netherlands. Students had to be referred to R.W. Lee's Introduction to Roman-Dutch Law, an English textbook! The volumes of the Tijdschrift voor Rechtsgeschiedenis bear witness to this sorry state of affairs. There are many learned and solid articles on subjects of classical Roman law and French customary law, but relatively very few on subjects of substantive Dutch private law and even less on subjects of "Roman-Dutch" law. There is, of course, an explanation for this. The "germanists" had (and have) their own magazine, the "Verslagen en Mededeelingen" ("Reports and Proceedings"), published by de "Vereniging tot uitgaaf der bronnen van het oud-vaderlands recht" (the "Society for the edition of the sources of ancient national law"), founded in 1879, whereas there is also, as far as "Roman-Dutch" law is concerned, the "Tydskrif vir Hedendaagse Romeins-Hollandse Reg", published in South Africa. There is another consideration to be taken into account too: much of what has been written on the history of substantive Dutch private law in the last 75 years was not, or at least not primarily, written with a public consisting of legal historians in mind, but in view of practical questions of and developments in modern Dutch private law intended to be read by legal practitioners, rather than the professional historians. That is why so much which would have been of interest to professional historians at large, was published in Dutch and in Dutch legal journals. So, in the final analysis, it is the international profile and the emphasis on history that have prevented the publication of more articles on the history of substantive Dutch private law in the volumes of the Tijdschrift voor Rechtsgeschiedenis.
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Tsaturova, Susanna. "“The Tyrant Has no Right to the Crown of France”: Strategies of National Identification of the French in the Political Discourse of the 15th Century". ISTORIYA 15, n. 5 (139) (2024): 0. http://dx.doi.org/10.18254/s207987840031212-2.
Testo completoAbstract (sommario):
The article analyzes French political treatises of the first half of the 15th century, written in the camp of supporters of Charles of Valois to justify his rights to the throne of France and against the treaty of Troyes in 1420 on the “union of the two crowns”. The defenders of the interests of the Dauphin Charles used, first of all, legal arguments: violation by this treaty of the ancient Salic law prohibiting the transfer of the throne in France through the female line; deviation from the rules and customs of succession to the French throne established by royal acts. Special emphasis was placed on the requirement to be loyal to the "natural" sovereign, based on the concept of the laws of nature as a Divine institution. The article pays close attention to anti-English invectives and the negative image of the British. Historians ignored this conspicuous and regularly recurring motif or regarded chauvinism and xenophobia as unworthy of scientists and intellectuals. The author of the article suggests interpreting these passages in the context of the legal concept of loyalty built by the ideologists of the monarchy. In political treatises, the kings of England are condemned for disloyalty: Edward III for the war he started against his liege, the king of France, and Henry of Lancaster for the removal and murder of King Richard II. Because of this, English kings are qualified in French political treatises as tyrants and usurpers. But the English, in general, are exposed in these treatises as a cruel and disloyal people to their kings, whom they are ready to displace on a whim. These qualities of the British and their monarchs are designed to shade and emphasize the loyalty of the French as their special national virtue. Thus, in the French political discourse, loyalty is closely connected with national identity. And this mythologeme is firmly embedded in the French monarchist ideology.
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Savina, E. S. "Legal Vocabulary as Means of Revealing by Marcel Proust of the Cultural Codes of French Aristocracy, Bourgeoisie and Peasantry". NSU Vestnik. Series: Linguistics and Intercultural Communication 19, n. 3 (17 ottobre 2021): 98–109. http://dx.doi.org/10.25205/1818-7935-2021-19-3-98-109.
Testo completoAbstract (sommario):
This article is devoted to the stylistic and cognitive analysis of the legal vocabulary in the third volume of Marcel Proust’s novel “In Search of Lost Time” used in order to describe mental, psychological and cultural world of Guermantes in its contrast with the world of bourgeoisie and with that of French peasants. The legal terms we consider in the paper are used by Proust as core components of a number of stylistic figures, first of all, similes and metaphors. Following Gérard Cornu and some other scholars, we understand legal terminology (legal terms and legal vocabulary in general) as any word of language (in our case, those of French) having at least one legal meaning, acknowledged by an authoritative French dictionary. The legal terms identified in the text were classified into two groups: general legal vocabulary and specific legal vocabulary belonging to different branches of law: constitutional, criminal, international. In order to confirm their legal semantics while conducting contextual analysis, we have consulted all types of diction-aries: bilingual, monolingual, general and special ones. The main aim of the article was to determine the functions of these figures in Marcel Proust’s text whose poetics is not at all legal. To achieve it, the main task was to identify the connections between the denotative meaning of a given term and its connotative contextual transformations. This means first of all to decode contextual links between the legal figure under analysis and various domains of life it was applied to by Proust. Eventually, this analysis helps to reveal French cultural codes, those of declining aristocracy, empowered bourgeoisie and, in “Guermantes”, of peasantry. Thus, the Guermantes are associated in the eyes of the bourgeoisie, represented by Marcel, with something ancient, inaccessible to rational minds, charming: some sublime images, magical legends of ancient times, exquisite works of art and music, antique music instruments. In this context, a legal term, such as carte photographique d’identité for instance, introduces, by contrast, some materially-minded, pragmatic, prosaic notes. At the same time, democratic changes leading to the rise of the bourgeoisie, as well as the world of peasants are depicted in an extremely concrete way, being associated with the untamed force of nature: damage and devastation caused by the floods, noises, and the like. At the same time, various typical human feelings, such as Marcel’s admiration and Saint-Loup’s love due to the use of legal figures may be represented as imprisonment.
22
Duhamel, Olivier. "Igniting the Spirits". European Constitutional Law Review 1, n. 1 (12 ottobre 2004): 12–16. http://dx.doi.org/10.1017/s157401960500012x.
Testo completoAbstract (sommario):
‘The Cypriot Minister for Foreign Affairs, George Iacavou, asked in Luxembourg to maintain in the European Constitution project the quotation of the Greek historian Thucydides which had been crossed out in the last document of the Irish Presidency. According to AFP, Hellenists affirmed that the sentence (“our Constitution... is called a democracy because the power is in the hands not of a minority, but of the greatest number”) was badly translated and also that Thucydides was a disputed personality’.Let us note that the translation was already modified by the Convention. The first version evoked ‘the whole people’, the ‘ultimate’, ‘the greatest number’. Until the last minute, the Preamble had been discussed. In the Convention, Robert Badinter, former president of the French constitutional Council, had already co-signed, on 3 June 2003, with the author of these lines and Pervenche Berès, a proposal for an amendment to the Preamble to remove the quotation of Thucydides. It did not seem suitable to us to place the Union under the auspices of the founder of realistic geopolitics, a kind of Kissinger of ancient Greece. Others say that they oppose this quotation because it refers to the power of the people, not that of States. The quotation finally disappeared during the Brussels summit on 17 and 18 June 2004. As we see, no word of the Preamble is left aside.
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Bayazitova, Gulnara. "The Question of Gynecocracy in Political Thought of the 16th Century (Based on the Treatise of Jean Boden “The Six Books of the Commonwealth”)". ISTORIYA 13, n. 1 (111) (2022): 0. http://dx.doi.org/10.18254/s207987840019040-3.
Testo completoAbstract (sommario):
A large amount of research has been devoted to the rulers of the Middle Ages and early modern times. The biographical genre is in its prime and is often associated with revisionist studies of female royals. The article is devoted to the study of the issue of female power in one of the most famous French treatises of the 16th century “The six Books of the Commonwealth” by Jean Bodin. In the course of the study, it was found that the issue of the status of women in the Republic is raised by the author throughout the entire treatise. With regard to the position of women, Boden proceeds from the ideas expressed by ancient thinkers and customs enshrined in Roman law. In the last book, he devotes a chapter to the problem of gynecocracy — female power, in which, with the help of arguments and historical examples, he tries to prove the impossibility and unreasonableness of women in power.
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SAVU, Vlad-Ionuț. "RIGHT OF PRE-EMPTION - HISTORICAL PERSPECTIVE". Bulletin of the Transilvania University of Braşov Series VII Social Sciences • Law 14(63), n. 2 (20 gennaio 2021): 453–60. http://dx.doi.org/10.31926/but.ssl.2021.14.63.2.30.
Testo completoAbstract (sommario):
In this scientific approach, we will focus on the historical dimension of the right of pre-emption. This paper is structured in three chapters highlighting the most important historical aspects underlying the right of pre-emption. Etymologically, pre-emption comes from the Latin words pre (before) and emptio (sale). The first notions of the right of protimis appear in Roman law, where property and inheritance are treated as religious derivations. The great French historian Numa Denis Fustel de Coulanges (1830 - 1889), in his work Cité Antique (Ancient City), stated that property appears to be of divine origin.It belongs to a family, which includes the protective gods, the dead and the continuators of the family cult, i.e. those who are alive or those who will be born. Each individual of the family is considered a temporary possessor of the property with the obligation to pass these rights on to the descendants in order to continue the family's domestic cult.
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Papagna, Elena. "La nobiltÀ nel Mezzogiorno d'Italia durante il Decennio francese". SOCIETÀ E STORIA, n. 123 (giugno 2009): 31–55. http://dx.doi.org/10.3280/ss2009-123003.
Testo completoAbstract (sommario):
- In the first part of the essay the author examines the law on nobility enacted in southern Italy under French domination by linking it to measures taken by the Bourbon government in the second half of the Eighteenth Century. Two stages have been identified in Napoleonic legislation: the first deprives the ancient nobility of the Kingdom of its legal privileges maintaining only an honorary distinction; the second establishes a new nobility, intended to confer symbolic and material rewards on those who distinguished themselves in the service of the State and the Dynasty. An advisory board – the Consiglio de' majoraschi – was created and charged with carrying out the bureaucratic procedures provided for the establishment of entails. These were an essential requirement for the titles conferred upon the new nobles to become hereditary. In the second part the author performs a quantitative and qualitative analysis of the new nobility, involving the timing and social distribution of the new titles. Te relations between old and new Neapolitan aristocracy nobles are also investigated. The case of Southern Italy is set in the broader context of Napoleonic Europe, and the similarities and differences between the new nobilities of the French Empire and of the Kingdom of Italy are duly underlined.Keywords: Napoleonic Era; Southern Italy; Nobility; legislation on nobilityParole chiave: etÀ napoleonica; Mezzogiorno d'Italia; nobiltÀ; legislazione nobiliare
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Leith, James A. "The French Revolution: The Origins of a Modern Liberal Political Culture?" Journal of the Canadian Historical Association 2, n. 1 (9 febbraio 2006): 177–93. http://dx.doi.org/10.7202/031033ar.
Testo completoAbstract (sommario):
Abstract Recently it has been argued that the chief legacy of the French Revolution was that it provided a prototype of a modern liberal political culture. This paper argues that, while some of the features of such a political culture did appear during the revolutionary decade, the revolutionaries never discarded an ancient conception of sovereignty which insisted that political will had to be unitary and indivisible. This led to rejection of political parties, legitimate opposition, and pluralism. The debates in the Constituent Assembly already reveal these illiberal tendencies. The Declaration of the Rights of Man, with its apparent emphasis on individual rights, might seem to have counterbalanced these tendencies, but two clauses inserted at the insistence of Abbé Sieyès vested sovereignty in the nation and asserted that law must be the expression of the general will. These clauses transformed the rights of the individual into the rights of the Leviathan. The insistence on a unified will was revealed in the allegorical figures, symbols, and architectural projects of the period. The figure of the demigod Hercules, which came to represent the People, conveyed a monolithic conception of the citizenry in complete contradiction to the conception of them in a pluralistic liberal democracy. Also the fasces, the tightly bound bundle of rods with no power to move independently, suggested a conception of the body politic at odds with that of a variegated liberal society. If such unity did not exist, it was to be created by the rituals performed in Temples décadaires every tenth day, the republican Sunday. Those who would not join this vast congregation would be excised or coerced. Moreover, throughout the decade there were various theories of revolutionary government at odds with liberal ideals: the unlimited power of a constituent body, the concentration of power in a tribune or dictator, or the dictatorship of a committee. Such notions, too, were important for the future.
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Roback, Jennifer. "Plural but Equal: Group Identity and Voluntary Integration". Social Philosophy and Policy 8, n. 2 (1991): 60–80. http://dx.doi.org/10.1017/s0265052500001138.
Testo completoAbstract (sommario):
During this period, when disciples were growing in number, a grievance arose on the part of those who spoke Greek, against those who spoke the language of the Jews; they complained that their widows were being overlooked in the daily distribution.When Americans think of ethnic conflict, conflict between blacks and whites comes to mind most immediately. Yet ethnic conflict is pervasive around the world. Azerbijanis and Turks in the Soviet Union; Catholics and Protestants in Northern Ireland; Arabs and Jews in the Middle East; Maoris and English settlers in New Zealand; Muslims and Hindus in India and Pakistan; French and English speakers in Quebec; Africans, Afrikaaners, and mixed-race people in South Africa, in addition to the tribal warfare among the Africans themselves: these are just a few of the more obvious conflicts currently in the news. We observe an even more dizzying array of ethnic conflicts if we look back just a few years. Japanese and Koreans; Mongols and Chinese; Serbs and Croats; Christians and Buddhists in Viet Nam: these ancient antagonisms are not immediately in the news, but they could erupt at any time. And the history of the early Christian Church recounted in the Acts of the Apostles reminds us that suspicion among ethnic groups is not a modern phenomenon; rather, it is ancient.The present paper seeks to address the problem of ethnic conflict in modern western democracies. How can our tools and traditions of participatory governments, relatively free markets, and the common law contribute to some resolution of the ancient problems that we find within our midst? In particular, I want to focus here on the question of ethnic integration.
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Okolnycha, Tetiana, e Larysa Kostenko. "THE DEVELOPMENT OF THE IDEA OF CIVIC CONSIOUSNESS OF A PERSONALITY IN HISTORICAL RETROSPECT". Academic Notes Series Pedagogical Science 1, n. 204 (giugno 2022): 41–45. http://dx.doi.org/10.36550/2415-7988-2022-1-204-41-45.
Testo completoAbstract (sommario):
In the article the development of the idea of civic consiousness of a personality is revealed in historic retrospection. The authors emphasize that in socio-historical terms, civic consciousness is a consequence of socio-political, socio- economic and cultural processes. Therefore, every state has always been interested in shaping this feature of its citizens. The idea of a civic society goes back to the era of ancient civilization. This term was actually coined by the Romans, who spoke of a civic union, community. Shaping Civil Law was one of the achievements of ancient Romans. In the Middle Ages, civic consiousness was valued less than in ancient times. In the period of Renaissance the importance of personal creativity and activity was increased. The Reformation emphasized the importance of a believer's direct communion with God. The emergence of nations shaped new views on the state and human rights. The term "civic consiouness" spread due to the Great French Revolution of the XVIII century, during which an official addressing “ citizen” appeared The Enlightenment contributed to the emergence of philosophy of natural rights. In the XIX century independent civil society organizations became an important factor in social development. In the article due attention is paid to the views of Ukrainian thinkers M. Drahomanov, M. Hrushevsky, I. Franko conserning the role of the civil society and the education of its members as the basis of Ukrainian statehood. During the XX century the idea of a civil society gradually lost its leading position in political thought. Instead, the theory and practice of the state became increasingly important. Radical political changes that engulfed the countries of Eastern and Central Europe in the late 1980s brought the idea of a civil society back to the center of theoretical reasoning and public life. The authors conclude that civic culture structures the social space of civil society, orienting the general needs and norms in its implementation, individual characteristics and views on common solidarity, trust and mutual understanding. When the approach is effective such organizational design, citizenship expresses a sense of their place and participation in public life. Citizenship is accompanied by some features of a democratic society.
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Mirowska, Mariola. "The institution of popular veto: experience of selected foreign countries". Constitutional and legal academic studies, n. 1 (21 settembre 2024): 70–77. http://dx.doi.org/10.24144/2663-5399.2024.1.09.
Testo completoAbstract (sommario):
This article examines the legislation of foreign countries regarding mechanisms of direct democracy, particularly the institution of popular veto. A historical analysis of the development of this instrument in European law has been conducted. The methodological basis of the publication consists of scientific methods based on the requirements of objective and comprehensive analysis of socio-political and legal phenomena, which include direct democracy in foreign countries. The research methodology is founded on general theoretical principles and approaches to determining the initial parameters of the formation and development of popular veto as a form of direct democracy. To achieve scientific objectivity in the results, the author used a full range of general scientific and special research methods widely applied in the modern science of constitutional law. It has been established that although modern forms of direct democracy emerged relatively recently, the concept of popular veto has roots in ancient civilizations as a means of limiting the abuse of power. Initially, the right of veto was exercised not directly by citizens, but by authorized persons on behalf of the people, who could reject laws that contradicted fundamental norms. It is argued that although popular veto was first enshrined in French constitutional law, Switzerland is considered its birthplace, where this institution received genuine development and was first implemented in practice in 1831. The evolution of popular veto is closely linked to the development of Swiss statehood; however, the immediate impetus for its implementation was granting citizens direct voting rights and the right to participate in referendums. Initially, popular veto was applied at the level of individual cantons, and in 1874 it was enshrined in the Swiss Constitution at the national level. According to the constitutional procedure, a specified number of voters can officially express disagreement with an adopted law within a set period, after which it must be submitted to a nationwide referendum for approval or repeal.
30
Sharkova, Iryna. "Image of Good Faith Subjects of Law in Legal Cultural History: Definition of Universal Standards". Law Review of Kyiv University of Law, n. 3 (10 novembre 2020): 56–59. http://dx.doi.org/10.36695/2219-5521.3.2020.08.
Testo completoAbstract (sommario):
The article is devoted to the problem of Good Faith Subjects` status in law. For a better understanding of the problem, image ofgood faith subjects of law in Ancient Rome was analyzed. In particular, it was found that in roman law, the term bonus pater familias(good family father) refers to a standard of good faith subjects of law. In the English version, this concept was translated as «that of aman of ordinary prudence in managing his own affairs».The concept of a gentleman in the English legal tradition is specially studied.English noun ‘gentleman’ dates back to the Old French word ‘gentilz hom’ (graceful, refined man). That was why the social ca -te gory of gentleman is considered as “the nearest, contemporary English equivalent of the noblesse of France.” (Maurice Hugh Keen).Now, a gentleman is not just any man of good and courteous conduct, but a certain person having legal personality in accordancewith the standard of common law.In conformity with the dimension of public law, the English social category of gentleman captures a right of certen classe of theBritish nobility.But in accordance with modern private law the connotation of the term gentleman corresponds to the Rome legal institute ofbonus pater familias.The double origin of this term from the status of a knight and the social position of the merchant causes a controversial interpretationsof its meaning.In contemporary usage, the word gentleman is ambiguously defined, because “to behave like a gentleman” communicates as littlepraise or as much criticism as the speaker means to imply; thus, “to spend money like a gentleman” is criticism, but “to conduct a businesslike a gentleman” is praise (Walter Alison Phillips).In modern International Trade Law a gentleman is essentially a ‘man of sense’, ‘а man of judgment’ or a reasonable person.So United Nations Convention on Contracts for the International Sale of Goods (1980), The UNIDROIT Principles of InternationalCommercial Contract and the Principles of European Contract Law provided a rule, which offers an opportunity for such an interpretation.‘the contract is to be interpreted according to the meaning that reasonable persons of the same kind as the parties would giveto it in the same circumstances’.It led to the conclusion that the modern image of a good faith subject to the greatest extent actualizes the criterion of commonsense.
31
Arifi, Besa. "THE LEGAL REASONING OF THE PRESIDENT’S RIGHT TO ISSUE PARDONS". SEEU Review 12, n. 2 (20 dicembre 2017): 32–61. http://dx.doi.org/10.1515/seeur-2017-0017.
Testo completoAbstract (sommario):
Abstract Presidential pardon has always existed in criminal law and continues to constitute a very important competence of the head of state in many modern day countries. In the past, the clemency given by the sovereign (usually the king/queen or the emperor/empress) represented an act which showed his/her mercy upon their subjects. It was often used as a tool to show the arbitrary will of the sovereign that constituted the law, rather than the law itself. Therefore, the classical school of criminal law that appeared in the 18th century and emphasized the importance of the principle of legality, opposed harshly every kind of arbitrary deciding that excluded the law at the interest of the sovereign. This school is among the only interpretations of criminal law that engages for a complete abandonment of institutes such as pardon or amnesty. The revolutionary French Penal Code of 1791, which was strongly influenced by the classical school, excluded clemency for the proved wrongs that were severely punished. However, due to imperfections of the criminal justice system, amnesty (given by the parliament) and pardon or clemency (given by the head of the state), continue to exist and to be used in modern day criminal law. They are no longer considered acts of arbitrary decisions of the sovereign, instead they should represent important instruments of criminal law, used rarely and wisely with specifically designed goals that aim to bring justice rather than deny it. However, there are many cases when these institutes have been inappropriately used in a very arrogant way which shows that the ancient regime is not yet over for some countries in which the highest institutions continue to act as old and middle age despots. This article will analyze the legal reasoning of the institution of presidential pardon. It will try to establish why the classical school was so strictly opposed to this institute making use of the studies and interpretations found in the writings of Cesare Beccaria. It will explain the philosophy of modern day institutions of amnesty and pardon and the way in which they are regulated in the legal theory and practice. The article will explain the recent developments in Macedonia in regard to the use of presidential pardon. The methods to be used consist of desk research, historical and comparative methods and analysis of legal texts, laws and judicial decisions.
32
Rueda Penagos, Karen Nathaly. "La responsabilidad del Estado Colombiano a título de imputación de falla en el servicio, derivada del ejercicio de la función notarial como función pública en el siglo XXI". Sin Fundamento, n. 23 (29 novembre 2024): 23–40. https://doi.org/10.18041/1692-5726/sin_fundamento.23.2017.12392.
Testo completoAbstract (sommario):
Since ancient times, the state has already begun to show the need for public faith, which was aimed at giving faith and certainty of the patrimonial and personal acts carried out by the companies, which is why, with the influence of French law systems, created and implemented the notarial function and the figure of the Notary, all of the above, although it is true, was created in order to satisfy the needs and interests of individuals, it generated certain changes and uncertainties, both normative and practical, since the Notary is a human being, the same, is not exempt from committing any error, which is why it is important to establish, despite the legal nature of the notary, as he is an individual who exercises public functions, who is called to respond in case of damage or injury caused to a third party in the exercise of his functions, since he cannot be classified as a public servant with respect to which the state would be responsible for his actions in the action of r direct repair and later through the repetition against the Notary. In this article, the legal figure of the notary, its nature, its functions and the implications for liability regarding its acts will be critically analyzed, always making a parallel with the so-called failure of the service and if it due to its acts and Nature gives rise to its configuration.
33
Babchuk, L. R., e Yu S. Babchuk. "THE NEGATIVE IMPACT OF THE RUSSIANS’ APPROPRIATION OF DISCOVERIES IN CHEMISTRY MADE BY SCIENTISTS FROM OTHER COUNTRIES ON THE FORMATION OF STUDENTS’ WORLDVIEW DURING THE EDUCATIONAL PROCESS". Scientific Notes of Junior Academy of Sciences of Ukraine, n. 1(29) (2024): 13–20. http://dx.doi.org/10.51707/2618-0529-2024-29-02.
Testo completoAbstract (sommario):
The article is devoted to the study of the history of scientific discoveries in chemistry in order to revise the negative influence of russian scientists and the legacy of the Soviet Union on chemical education in Ukraine. Russian encroachment on the achievements of other states has affected virtually all spheres of life: the history of statehood, national symbols, world-famous writers and artists, inventions, technology and goods, and national cuisine. This also applies to innovations in science, particularly in chemistry. Russians boast about the outstanding russian chemists of the past centuries who allegedly achieved great success in the international field, although scientific plagiarism has always been popular in russia. Some laws, rules, doctrines, or theories that have been studied or continue to be studied even in Ukrainian schools as authored by russian scientists such as Mykhailo Lomonosov, Dmytro Mendeleev, Oleksandr Butlerov, and Volodymyr Markovnikov are actually the work of other people. The real authors of some of the inventions in chemistry are not of russian origin at all; they were never russians. They belonged to the European school of thought. The fundamental law of chemistry, the law of conservation of mass, attributed to Lomonosov, is of ancient origin and experimentally proven by the French scientist Antoine Lavoisier. Outside of the post-Soviet space, the periodic table is often associated with the name of the German scientist Julius Meyer and is known as the discoverer of the periodic law. Even the russian historian Kedrov emphasized Mendeleev’s “one-day discovery”. Meyer and Mendeleev had a long dispute about priorities and for the right of primacy in the discovery of the periodic table. Another russian, Butlerov, who allegedly developed the theory of the chemical structure of organic substances, got his ideas from the German scientist August Kekule, whose textbook and articles were published before Butlerov’s works. A study of contemporary literature shows that neither Markovnykov nor any of his contemporaries actually carried out the reactions attributed to him, and Markovnykov’s empirical rule is impossible without propylene or propane, which had not yet been obtained at the time. The situation that has developed due to the use of russian scientific plagiarism by Ukrainian schools has a negative impact on the formation of the worldview of students.
34
Kim, Sangdeog Augustin. "Thank you very much, Father Ildefonso! Father Ildefonso came from Spain! (Tcheonzamun 577th-592nd)". South Asian Research Journal of Humanities and Social Sciences 4, n. 4 (30 agosto 2022): 313–14. http://dx.doi.org/10.36346/sarjhss.2022.v04i04.015.
Testo completoAbstract (sommario):
French missionary Dallet (1874) wrote that both the ancient Chinese people and the ancient Korean people used Tcheonzamun (The thousand character essay) as a textbook for their children. Dallet (1874) described that the book was a tool for instructing Chinese characters for the two tribes. Here, for this work the present researcher used the first translating method. It is through the meaning of Chinese character of this poem (Tcheonzamun 577th-592nd). The title of this work is ‘Thank you very much, Father Ildefonso! Father Ildefonso came from Spain!’ And this poem ranges 16 letters from 577th to 592nd letter of Tcheonzamun. The next part is translation through the meaning of Chinese character of the poem. <Number in Tcheonzamun Chinese characters (Pronunciation of Korean language in English alphabet)> 581-584 踐(Tcheon) 土(To) 會(Hoe) 盟(Maeng) On the first line of (577th-580th), there was a description about war. War, it is not common thing but terrible thing. But there is another thing terrible in the world. Even though it is a very small thing. But to solve the problem, it is very difficult. What is that? It is to make a group (會), and the group is only good for the member, for the intimate colleagues (盟). Even the persons stand on (踐) the same territory (土), the environment of the same soil is different. When a person is the friend for their members of the group, the environment is truly good. While the person is not the friend of the group member, the ambiance will become cold! 585-588 何(Ha) 遵(Zun) 約(Yag) 法(Beob) If they do the thing as shown in the second line (581st-584th) of this poem, how (何) do they just (約) keep (遵) the law (法)? 589-592 韓(Han) 弊(Pye) 煩(Beon) 刑(Hyeong) If they do treat the people (韓) in the very hard manner (弊) as described in the second line (581st-584th), it is to give the people penalty (刑) and make people difficult (煩) in the life. And the people do not want to live there, and the people are willing to escape from the place!
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Le Baillif, Anne-Marie. "The Translator’s Paradox". Interlitteraria 21, n. 2 (18 gennaio 2017): 195. http://dx.doi.org/10.12697/il.2016.21.2.3.
Testo completoAbstract (sommario):
This paper will focus on the translators as their situation has proved to be more and more difficult in France. With examples, we want to consider how one’s position has evolved in the publishing world from the 16th century to the present. Looking at the 16th century, we can observe a real fever for translations of ancient texts. In the Netherlands, Italy and France, printers were translators and signed their translations with their proper name. Playwrights did the same with Latin and Greek works. For example, we know Oedipo tyranno by Giustiniani who translated Sophocles. The name of the Greek or Latin writer was eclipsed by the translator’s name such as Plantin and the Biblia Polyglotta, or Belleforest with his translation of The War of the Jews written by Flavius Josephus. The translation of the title gave the work a new specificity and was considered as the genuine work of the translator even though the name of the original author was still given. During the 16th century in France, Literary Property Laws were called “Privilège” and were attached to the author of the printed text. Later on, this law changed. We know that playwrights used translations and never mentioned the authors as they had actually never done before. Indeed, this particular type of literature often evaded the law. The publishers became more and more important and could thus decide what would be announced on the book’s cover. The author is to be mentioned for legal reasons, but translators are rarely mentioned. Today, you have to search for their name inside the book despite the fact that as our world is becoming more and more global we need them more and more. To some extent, on stage, some directors plunder translations done by specialists and attribute them to themselves. Two avenues of enquiry should help us understand the French translator’s paradox, which consist in the fact that the translator’s status evolves from a finder and producer to an intellectual whose name is today nearly ignored – despite his/her legal status.
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Wicher, Andrzej. "Geoffrey Chaucer’s "The Merchant’s Tale", Giovanni Boccaccio’s "The Tale of the Enchanted Pear-Tree", and "Sir Orfeo" Viewed as Eroticized Versions of the Folktales about Supernatural Wives". Text Matters, n. 3 (1 novembre 2013): 42–57. http://dx.doi.org/10.2478/texmat-2013-0025.
Testo completoAbstract (sommario):
Two of the tales mentioned in the title are in many ways typical of the great collections of stories (The Canterbury Tales and Il Decamerone) to which they belong. What makes them conspicuous is no doubt the intensity of the erotic desire presented as the ultimate law which justifies even the most outrageous actions. The cult of eroticism is combined there with a cult of youth, which means disaster for the protagonists, who try to combine eroticism with advanced age. And yet the stories in question have roots in a very different tradition in which overt eroticism is punished and can only reassert itself in a chastened form, its transformation being due to sacrifices made by the lover to become reunited with the object of his love. A medieval example of the latter tradition is here the Middle English romance, Sir Orfeo. All of the three narratives are conspicuously connected by the motif of the enchanted tree. The Middle Ages are associated with a tendency to moralize ancient literature, the most obvious example of which is the French anonymous work Ovide moralisé (Moralized Ovid), and its Latin version Ovidius Moralizatus by Pierre Bersuire. In the case of The Merchant’s Tale and The Tale of the Enchanted Pear-Tree, we seem to meet with the opposite process, that is with a medieval demoralization of an essentially didactic tradition. The present article deals with the problem of how this transformation could happen and the extent of the resulting un-morality. Some use has also been made of the possible biblical parallels with the tales in question.
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Maltsev, Leonid A., e Ivan D. Koptsev. "CATEGORY OF SPACE IN THE SYSTEM OF INTERTEXTUAL CONNECTIONS MICIŃSKI’S ESSAY PORTRAIT OF KANT". IKBFU's Vestnik. Series: Philology, Pedagogy, Psychology, n. 4 (2024): 61–69. http://dx.doi.org/10.5922/vestnikpsy-2024-4-6.
Testo completoAbstract (sommario):
The article explores the intermedial connections between B. Miсiński’s essay Portrait of Kant and painting as a “spatial” art form. The essayist engages in a polemic with Lessing, the author of Laocoön, by examining painting and poetry in their identity. The role of portrait and object details in the structure of the text is defined. The essay highlights the special illustrative and expressive function of litotes, which serves the idea of the spatial ordering of the world, a concept that, according to Miсiński, governed both the life and philosophy of Kant. The principle of continuity plays a key role in the artistic space of the essay, bringing together distant philosophical and artistic texts. The intertextual continuum is created through dialogic connections between different eras and national-cultural traditions, including ancient Greek, English, French, Russian, and Polish. A special place in the semantic structure of the essay is occupied by the epigraph — a poem by one of the most renowned Polish poets of the 20th century, Jarosław Iwaszkiewicz, dedicated to the great Königsberg native. This poetic paraphrase of Kant’s famous maxim from the conclusion of the Critique of Practical Reason associates the contemplation of the starry sky and the awareness of the moral law with the pessimistic and catastrophic tone of fear and dread. Iwaszkiewicz’s modification of Kant’s worldview is indirectly connected to the reception of the existential philosophy of Kierkegaard and Dostoevsky. The principle of simultaneity, which underpins the modeling of space in Miсiński’s essay, resonates with the main ideas in Ya. E. Golosovker’s essay Dostoevsky and Kant, which draws a connection between Kant’s antinomies and the controversial mindset of the Karamazov brothers — Ivan and Dmitry.
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Savina, E. S. "Interaction between Special and General Meaning of French Legal Terms and Cultural Concepts as a Means of Social Characterization in Marcel Proust’s Novel “À la recherche du temps perdu”". NSU Vestnik. Series: Linguistics and Intercultural Communication 20, n. 2 (11 giugno 2022): 140–52. http://dx.doi.org/10.25205/1818-7935-2022-20-2-140-152.
Testo completoAbstract (sommario):
The article deals with the analysis of the interaction between legal terms and cultural concepts in Marcel Proust’s novel “In Search of Lost Time” (“À la recherche du temps perdu”). Our primary concern is to contribute to the studies of the relations between the language of professional communication and general communication language within a literary text, and, therefore, to examine the functioning of legal and general vocabulary in the novel. Much has been done in the field of special terms and neutral lexis classification in professional language, but undoubtedly, just as much remains to be done. The analysis of different types of stylistic devices has been widely presented in specialized literature. It would be reasonable to study French legal terms from the point of view of their polysemy as well as from a larger perspective of the interaction between legal culture and culture in general. What we are aiming at is to establish some correspondences of legal concepts to those of everyday life, and above all, their relations with other allusions in the general culture domain. To attain our aim we should look at the legal concepts we detected within a larger context of their functioning. Our analysis reveals that the writer uses legal terms and legal concepts in order to describe some characters of the novel and to represent certain aspects of the social reality he depicts. Love relationship between Marcel and Albertine is illustrated with some examples from the domains of civil, criminal and financial law, which is not usually associated with such a theme. Multiple allusions to various cultural phenomena of legal culture and of culture in general, namely classical theatre and painting, the history of Ancient Greece and Rome express the author’s irony by contrast.
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Nalivaiko, A. O. "Medieval city of France and Germany: the Сritical Vision of Professor L. M. Berkut". Modern Studies in German History 49, n. 49 (11 gennaio 2024): 127–32. http://dx.doi.org/10.15421/312311.
Testo completoAbstract (sommario):
In the article the author makes an attempt to analyze the most common theories of the emergence of a medieval city and the concept by the medievalist Leonid Berkut devoted to this issue. It is shown the his critical vision regarding the historical process of the causes and evolution of a medieval city. X–XI centuries became a turning period in the history of Western Europe. There were significant changes in the development of agriculture, crafts and trade, feudal affairs were completely formed. In addition to these important social phenomena, another significant process began in the development of feudal Europe: along with ancient cities, new medieval cities began to emerge as a concentration of crafts and trade, an administrative- legal and religious center. The medieval city became an essential factor of social development then. How and where, why, under what conditions did the new cities arise? Today there are more than a dozen theories of the origin of the medieval city: Romanistic, patrimonial, market, burg, guild, mark, merchant and their varieties. Each of these theories is debatable. Leonid Nikolaevich Berkut (1879–1940) Ukrainian medieval historian studying the Medieval ages a lecture in Kyiv, Warsaw, Don universities, educator, doctor of historical sciences, professor. He devoted his monographs to the topic: "History of French Cities in the Middle Ages", "The Fate of French Cities in the Middle Ages", "Imperial Privileges and City Rights of the XII century in Germany", "History of German Cities in the Middle Ages”. In his works, the scientist also touched upon the issue of the phenomenon of the emergence of a medieval city. For L.Berkut, the the formation and development of a medieval city in the Western Europe could not be the same (не зрозуміло). The development of the cities depended on many different reasons: the degree of division of labor in agriculture and crafts, trade routes, international relations, cultural and religious institutions (monasteries, bishops’ chairs), the development of law, strategic considerations in the construction of fortresses, the degree of interest of the feudal lord in the growth of cities. Also, one cannot ignore the reasons of the political development of medieval countries: the centralization or decentralization of supreme power. L. Berkut was not only a thorough researcher presented the Western urban schools on the development of a medieval city, but also an active participant in the scientific debates that unfolded on this issue in Ukrainian and Russian historiography of the 20th century.
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Krotov, Artem A. "Benjamin Constant’s history of philosophy". Vestnik of Saint Petersburg University. Philosophy and Conflict Studies 36, n. 2 (2020): 227–39. http://dx.doi.org/10.21638/spbu17.2020.202.
Testo completoAbstract (sommario):
The article analyses the concept of a prominent representative of early French Romanticism, considers his division of the historical process into periods and his idea on the meaning of history. According to Constant, history is not uniform in a political sense. The lack of understanding this important truth by the rulers has always brought untold sufferings to their subjects. Constant’s philosophy of history is based on the idea of improving the human race, typical for the intellectual culture of the Age of Enlightenment, to which he gave a new sound, contraposing the spirit of war with the spirit of trade. Distinguishing between two types of freedom, he associated the first variety with the tradition of ancient people’s assemblies, collective direct decisions, and the second with the system of representative government. His periodization of world history concretizes the idea of progress as a fundamental law of nature. He included psychological elements into his interpretation of the meaning of revolutionary events. Treating inequality as the basis of social adversity, he attributed independence in deeds, choice of life’s priorities, personal security, the right to own property, and the ability to express and defend different opinions as the most important human freedoms. Expressed clearly in a number of Constant’s works is the desire to distance himself from the various opposing parties, to appear as an unbiased observer, and a sage guiding his efforts to the common good. This corresponded greatly to the ideal of a philosopher represented on the pages of d’Alembert and Diderot’s famous “Encyclopédie.” At the same time, his doctrine represents a certain rethinking of the Enlightenment legacy, carried out through the lens of the experience of revolutionary times. Hence the demand to limit popular sovereignty, criticism of Russoism, a unique concept of the evolution of religion.
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Shui, Guohao, Qinxia Wang e Zichang Zhao. "Rebelling or Reconstruction: A New Understanding of the Classical by the Romantic Painters with Exploration Centered on Francisco Goya". Journal of Education, Humanities and Social Sciences 1 (6 luglio 2022): 295–301. http://dx.doi.org/10.54097/ehss.v1i.674.
Testo completoAbstract (sommario):
The classic, originating in the intellectual development of Greek and Rome, has consistently been an essential subject of the Western culture, occupying an important role as well in Germanic law and Christian religion with its highlight on the spirit of reason, logic and humanity even in the Middles. With the discovery of Greece and Roman antiquity in Italian in the Renaissance, the classical mythologies and the masterpieces by Aristotle and Plato were once again emphasized, and interpreted from a different perspective. Hundreds of years later, the Enlightenment thinkers and neo-classical artists extracted the spirit of reason and morality from the classic. The neo-classical artists criticized the frivolous Rococo, choosing serious subjects aiming to elevate the morality of human, focusing on the integrity of the painting, strengthening sketch than color, and in this way restoring and revoking the Greco-Roman classical spirit. Yet the turmoil of the French Revolution and the Napoleonic war for decades doubts the limitation of the reason, revealing the madness of discipline and organization, displaying the mechanized and the alienated will of human-being. Delacroix and Goya, the representatives of romanticism artists, have been considered the rebels of neo-classic and the academy and the pioneers of modernity. Their works show the might of passion and emotion, depicting the fear, numbness, and indifference of human-being facing death, contrasting with the dignity and the firm attitude expressed by the neo-classical figures. This modernity roots in a certain historical context of the classic. Through pictorial analysis and the study of Delacroix's diaries and historical materials in contrast to the Baroque and Neo-classical artists to show Goya and Delacroix spontaneously invoke and reconstruct the spirit of ancient Greco-Roman art.
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Stafford, Pauline. "Women and the Norman Conquest". Transactions of the Royal Historical Society 4 (dicembre 1994): 221–49. http://dx.doi.org/10.2307/3679222.
Testo completoAbstract (sommario):
IN 1779 William Alexander published what is probably the first history of women in English. The work is in the eighteenth-century Enlightenment tradition of Montesquieu or the Scot Millar in its wide comparative reference; it ranges over ancient and modern societies, civilised and savage. Alexander was interested, like Millar, in the historical changes which had produced change for women; and convinced, like so many eighteenth-century thinkers, that change was a western phenomenon. In his story, the first great change after Rome came with the arrival of the Germans, who gave ‘law and custom to all Europe’ and who brought with them a new view of women. ‘Their women were in many respects of equal and sometimes even greater consideration and consequence than their men’. His sentiments echo those of the French writer Thomas, whom he had certainly read. In 1772 Thomas had begun his essay on the character, manners and spirit of women in different centuries by dividing the world into savages, who oppress as tyrants, orientals, who are driven to oppress due to an excess of love, and the denizens of temperate climates, where less passion allows greater freedom. It was thus from the cold ‘shores of the Baltic and forests of the North’ that the primitive Germans brought to Europe their spirit of gallantry and great respect for women. Both Thomas and Alexander echoed and adapted Tacitus’ classic picture of Germanic women. Tacitus had long since written of the high regard in which the German women were held: of the mothers and wives who urged their sons and husbands to valour, of their inspirational chastity, of the austere frugality of Germanic marriage, of wives whose controlled passions loved the married state itself rather than their husbands.
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Heiko, A., e T. Milova. "THE EMERGENCE AND SIGNIFICANCE OF THE INSTITUTION OF THE PREFECT IN THE CONTEXT OF «FORMULAS» OF EUROPEAN COUNTRIES". Scientific Notes Series Law 1, n. 11 (novembre 2021): 125–29. http://dx.doi.org/10.36550/2522-9230-2021-11-125-129.
Testo completoAbstract (sommario):
The article is devoted to the study of the institution of the prefect, its origin, formation and appointment. The role of the prefecture as an institution of legal regulation and as a model on the ground in terms of «formulas» that exist in European practice is analyzed. Doctrinal approaches to the concept of «prefect» are studied. It is found that the origin of the term dates back to ancient Rome, in which the official headed a separate unit of the administration, court or army. It is defined that in the modern sense the word «prefect» has two meanings, namely: as a senior representative of the state at the departmental or regional level (function) and as a rank (specialization), which is divided into several classes with career development. For a more detailed understanding of the concept of «prefect», its functions are listed and characterized, namely: political, administrative and socio-economic. The political direction of the prefect's activity involves representing the government in departments and regions, informing it about the state of affairs, and supervising the rule of law. Administrative functions include coordinating the work of government agencies, operational management of the fire service, police management and control over the activities of local governments. The socio-economic aspect of the prefect's activities is aimed at implementing government programs at the departmental and regional levels. The study also focuses on the «formulas» for the introduction of the prefecture. The French, Italian, Spanish and Polish «formulas» for the introduction of the prefecture institute are analyzed. Their significance and experience for the respective countries are outlined. It is noted that the nature of the origin of prefects as state representatives in the analyzed countries provides for the implementation of executive power on the ground, has a common order of appointment and constitutional consolidation.
44
Herman, Shael. "Pitched between Scylla and Charybdis: Metz Jews’ Litigation Hurdles in the Metz Beit Din and Ancien Regime French Courts". Review of Rabbinic Judaism 24, n. 1 (7 giugno 2021): 1–45. http://dx.doi.org/10.1163/15700704-12341373.
Testo completoAbstract (sommario):
Abstract During the eighteenth century, French courts expanded their competence over Jewish disputes in order to consolidate the kingdom’s hegemony over Alsatian Jewry. In Metz, the expansion was sanctioned by a royal order for the composition of the Recueil des Loix, Coutumes, et Usages Observes par les Juifs de Metz (1742). A blend of Jewish law and French customary law tailored for ancien regime Alsatian courts, the Recueil enabled a Jewish claimant to sue in either the beit din or a French tribunal. These judicial alternatives posed strategic dilemmas. French rulings were frequently vehicles for persecuting Jewish claimants and debasing their law, while rabbinical enforcement mechanisms typically lacked the aggressive bite of their French judicial counterparts. This article examines how the law, and these options, worked in practice.
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Karlina, Oksana. "THE ATTEMPT TO RECONSTRUCT THE LIBRARY OF THE KREMENETS BASILIAN MONASTERY OF THE FIRST DECADES OF THE XIX CENTURY". Scientific Herald of Uzhhorod University. Series: History, n. 1 (46) (27 giugno 2022): 119–27. http://dx.doi.org/10.24144/2523-4498.1(46).2022.257543.
Testo completoAbstract (sommario):
The article attempts to reconstruct the genre and thematic composition of the library of the Kremenets Basilian Monastery, which was formed in the early 1820s, based on an analysis of the visitation protocol, in which a significant part is a description of the monastery library. At the beginning of the XIX century, the library had 2,156 volumes (1,241 works) published in the XVI–XVIII centuries and until 1821. Of these, 508 works (41%) date from the second half of the XVIII century. The presence in the library of 283 works (23%) published in 1801–1821 indicates that the library continued to be regularly replenished with new books. The geography of the publications covered the cities of the former Polish-Lithuanian Commonwealth, Germany, Austria, Italy, France, the Netherlands, Kyiv, Moscow, and Saint Petersburg. The basis of the library were works in Polish and Latin, numbered 640 and 440, respectively (52% and 35%). There were only 54 (4%) Cyrillic editions. The entire book collection is divided into thematic sections: Holy Scripture, divinity, law (civil and canonical), "books of ascetics," homiletics, philosophy, physics and mathematics, chemistry, geography, economics, history, rhetoric and poetics, "letters," grammar, medicine. In terms of the number of works, the largest is the section "History," which includes periodicals published in Warsaw and Vilnius in the early nineteenth century and fiction of instructive content. It is noted that many works by ancient authors, textbooks in many mathematical disciplines, dictionaries, phrasebooks, and grammars in Latin, Greek, Hebrew, Polish, German, French, and Russian were kept in the monastery library. The conclusion is that the themes of the monastery library in Kremenets in the early XIXth century reflected the state of the rich spiritual life of the Basilians, which closely combined the traditions of the Orthodox and Catholic Churches. The Basilians, through preaching and missionary activity, indeed spread and consolidated in society the spiritual and moral values that they nurtured within the walls of the monastery. The library in general, reflected the development of education, science, art, and contemporary socio-political thought in the Ukrainian lands.
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Tsaturova, Susanna. "“Paris is Rome in Our Kingdom”. Political and Symbolic Bases of the Status of the Capital of France". ISTORIYA 12, n. 9 (107) (2021): 0. http://dx.doi.org/10.18254/s207987840017095-3.
Testo completoAbstract (sommario):
The article examines the process of the formation of Paris as the capital of France. The analysis is based on two directions. On the one hand, the main milestones of the history of Paris are explored, from ancient Lutetia in the era of Julius Caesar to the principal city of the French Kingdom under Philip II Augustus and the capital in the 14th — 15th centuries. By the 12th century, the city was given priority by its gigantic population, economic power, convenient location at the intersection of river and land trade routes, and its transformation into the intellectual capital of the West thanks to the fame of the Paris schools and university. No less important were the symbolic merits of the city: antiquity, the function of protecting the population, and the heroic past. The combination of these advantages determined the Capetians’ choice of Paris as the capital of the kingdom. On the other hand, the article examines the formation of the concept of “capital” and its meaning in the context of the formation of a centralized state. The political center of the country made the city the seat of the person of the monarch and his authorities. The status of the capital was expressed by the concept of “common homeland”, taken from Roman law. The primary weapon for gaining this status in the Middle Ages was the function of justice as a guarantee of the protection of the common interest and a resort for all. In this context, the symbol of the capital in the 13th — 15th centuries became the royal Palace on the island of Cité, where the supreme court of the country, the Parliament of Paris, administered justice regardless of the presence of the king. The analogy of the Parliament with the Roman Senate reinforced the political and social claims of the parliamentarians. The transformation of the Palace of Cité into a Palace of Justice now symbolizes this significant political heritage of medieval urbanism.
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Whittemore, Hank. "To Be or Not To Be a Genius: The Argument for Acquired Knowledge and Life Experience". Journal of Scientific Exploration 37, n. 2 (11 agosto 2023): 270–92. http://dx.doi.org/10.31275/20233117.
Testo completoAbstract (sommario):
The personal attitudes and experiences of the greatest authors are usually reflected in their works, a phenomenon that gives literary biography its rich potential for new revelations and insights. Within this premise, the Shakespearean poems and plays appear to reflect the viewpoint and education of a high-ranking Elizabethan nobleman of vast experience and deep learning. In fact, many aspects of the life of Edward de Vere, 17th Earl of Oxford, appear to be closely mirrored by the title character of Hamlet, Prince of Denmark. Both the Earl and the Prince are each on intimate terms with a female monarch; each is involved with the daughter of the Queen’s chief minister; each brings actors to perform at the royal court; and while the author of Hamlet demonstrably referred to classics of the Italian Renaissance-- The Courtier and Cardanus’ Comforte -- Oxford himself sponsored publications of both these works in England. The specific focus of this essay is on aspects of such “special knowledge” within the Shakespearean works, special knowledge that has no specific connection to the life of the man from Stratford but which was deeply imbued in the life of Edward de Vere. Cited here will be details of the author’s connections to France and the French language; to the unique culture and geography of Italy; to the literature and drama of ancient Greece; to legal terminology and intricacies of the law; his proximity to persons and places of state power; to his military expertise; his medical knowledge; his intimacy with the sea and seamanship; to astronomy; to music; horses and horsemanship; heraldry; and to plants gardens and gardening. Such experiences and knowledge was possessed by the Earl of Oxford, and it is contrasted here with the paucity of similar experience and learning in the life of Will Shakspere of Stratford. The evidence clearly suggests that it was Edward de Vere using the pseudonym William Shakespeare rather than Will Shakspere who actually was behind the Bard’s work.
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Stepanov, Ievgenii M., e Zhongzheng Wang. "UNIVERSAL AND SPECIFIC IN THE FORMATION AND FUNCTION OF COMPOUND ABBREVIATED WORDS IN THE INDO-EUROPEAN AND CHINESE LANGUAGES". Мова, n. 41 (28 maggio 2024): 37–46. http://dx.doi.org/10.18524/2307-4558.2024.41.311208.
Testo completoAbstract (sommario):
The purpose of the proposed study is to determine universal and specific features in the systems of compound abbreviated words of some Indo-European languages (Ukrainian, Polish, English, French, Italian, German), which are inflectional in their morphological nature and have letter graphics, and the Chinese language, which is the root language and has hieroglyphic graphics. The object of study is the abbreviations of the above-mentioned languages and trends in the functioning of these language units. The subject of research is the relationship between the derivatives of compound abbreviated units and those language units that act as creative for them. The material of the study was taken from several dictionaries of abbreviations, and many lists and realities available for review. In total, more than 4500 language units were considered, of which almost 1150 (in total from different languages) were analyzed. It should be noted that only those units that are formed from word combinations, i.e. compound abbreviated words, were studied; Abbreviations of one word were not considered as an object of analysis. The main methods of research are general methods of analysis and synthesis, procedures of methods of comparative, word-forming, syntactic, graphic analysis and descriptive method. The result of the analysis is presented in a number of conclusions. The formation and functioning of compound abbreviated words is a linguistic universal at the present stage of language development. Representatives of the linguistic schools formed on the basis of the Indo-European languages consider the law of economy of speech means to be the “driving force” of the abbreviation process. In Chinese linguistics, there is an opinion that the phenomenon of contraction is natural for the Chinese language, because it reflects the ancient monosyllabicity of Chinese words. In different languages, the set of ways to form compound abbreviated words depends on their typological features, the rules of the order of words in combinations, graphic features of written speech, pronunciation features, and methods of word formation.
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Stroev, A. "The art of killing: “Bluebeard” by Charles Perrault". Shagi / Steps 10, n. 4 (23 dicembre 2024): 322–33. https://doi.org/10.22394/2412-9410-2024-10-4-322-333.
Testo completoAbstract (sommario):
Charles Perrault’s fairy tales combine archaic plots and the realities of French life in the Louis XIV era, folklore formulas and literary play, reminiscences from ancient literature (Apuleius’ “Metamorphoses or The Golden Ass”, Virgil’s “Aeneid”). Considered as a single text, together they tell the story of girlhood and family life. It begins with an awareness of female (menarche) and male physiology (“Little Red Riding Hood”, “Sleeping Beauty”). Then the heroine has to avoid incest with her father (“Donkey Skin”, “Griselda”). To marry, she has to enter into a rivalry with her sisters (“Diamonds and Toads”, “Cinderella”, “Riquet with the Tuft”) and magically transform herself to seduce the prince (“Donkey Skin”, “Diamonds and Toads”, “Cinderella”, “Riquet with the Tuft”). Then it is necessary to destroy the ogre-mother-in-law (“Sleeping Beauty”) or the husband-killer (“Bluebeard”). If we consider “Bluebeard” from this perspective, it becomes clear that, as in the detective story, the wife, with the help of her sister, sets up the murder of her wealthy husband, presenting the crime as necessary self-defense. Her brothers in the military killed Bluebeard, leaving him no chance of escape. Like the suspense detective plot popular in the mid-twentieth century (Hitchcock, Boileau-Narcejac), the story is told from the point of view of the victim who engages in a duel with the perpetrator. In the verse fairy tale “The Ridiculous Wishes”, in the poem “The Apology of Women” and in the verse moral of the fairy tale “Bluebeard” Charles Perrault engages in ironic polemics with feminists (“précieuses”) and assures us that women command men. In the fairy tales “Diamonds and Toads” and “Riquet with the Tuft” he enters into competition with the late 17th century fairy tale writers (Marie-Jeanne “L’Héritier de Villandon”, Catherine Bernard) who used the same plot. It is possible that in “Bluebeard” he is taking aim at another storyteller, Marie-Catherine d’Aulnoy, who in her youth was convicted for plotting against her husband.
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Herman, Shael. "Tout Fait Maison: A Law Code Crafted by the Eighteenth Century Jewry of Metz". Review of Rabbinic Judaism 21, n. 1 (12 marzo 2018): 1–56. http://dx.doi.org/10.1163/15700704-12341336.
Testo completoAbstract (sommario):
Abstract This inquiry examines Le Recueil des Loix, Coutumes, et Usages Observes par les Juifs de Metz. Evocative of the medieval German Sachsenspiegel, the volume’s detailed regulations supply a rich portrait of a Jewish community in Alsace-Lorraine during the turbulent final decades of the ancien regime. While France evolved during these decades from feudalism to democracy, the Jews transitioned from serfs main-mortables or royal chattels to citizenship. Ideals of the emerging French democracy were imprinted upon the Code Napoleon (1805), a distinctively anti-feudal, secular expression of French citizens’ newfound autonomy. In contrast, the Recueil originated in an act of will on the part of the Jews’ overlords. In accordance with royal orders, it was deposited in the records of the royal court at Metz in about 1742; royal judges and members of the bar consulted the Recueil in all manner of disputes involving Jewish litigants and Jewish law. The Recueil, as the handiwork of eighteenth century Alsatian Jews, was unique in engrafting Jewish law and ethics upon French law of the ancien regime.