Fundamina: a Journal of Legal History最新文献

The first Edinburgh chair in law : Grotius and the Scottish Enlightenment 第一位爱丁堡法学教授:格劳秀斯与苏格兰启蒙运动

Fundamina: a Journal of Legal History Pub Date : 2018-01-18 DOI: 10.3366/EDINBURGH/9780748682133.003.0004

J. Cairns

引用次数: 38

Like a bad penny: The problem of chronic overcrowding in the prisons of colonial Natal: 1845 to 1910 (Part 1) 像一个坏硬币:纳塔尔殖民地监狱长期过度拥挤的问题:1845年至1910年(第一部分)

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.17159/2411-7870/2015/V21N1A6

S. Peté

引用次数: 1

Recherches sur la notion de patientia dans la vie politique a rome (de cesar a hadrien) : article 罗马政治生活中耐心概念的研究(从凯撒到哈德良):文章

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.17159/2411-7870/2015/V21N1A1

Yasmina Benferhat

{"title":"Recherches sur la notion de patientia dans la vie politique a rome (de cesar a hadrien) : article","authors":"Yasmina Benferhat","doi":"10.17159/2411-7870/2015/V21N1A1","DOIUrl":"https://doi.org/10.17159/2411-7870/2015/V21N1A1","url":null,"abstract":"This paper is an attempt to underline the importance of patientia in the political life of ancient Rome, especially during the late Republic and the first century BC. Although the Christian notion of patientia has been well studied, the political quality it could represent is still a new field. The main problem is first to decide what kind of quality it was : in the late Republic, it was the physical endurance a general would need, which explains why Catilina based his propaganda on patientia, but it could also be a moral virtue. Patientia was a plebeian virtue against the pride and cruelty of the Patricians : this contrast was reaffirmed in the Civil War, when Caesar applied it against the Optimates who were acting arrogantly. Under the Julio-Claudians, patientia was a virtue with very much the same meaning as constantia, but it never attained the same importance because it was sometimes connected with servility. Patientia, which was a positive notion in the late Republic, whether physical or moral, came to be employed in a negative context by Tacitus. This study does not pretend to be exhaustive - it would be necessary, for instance, to consider the Stoic influence - but is merely a first step towards a better understanding of patientia before the Christian era.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114954381","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Remarks on the methodology of private law studies: The use of latin maxims as exemplified by nemo plus iuris 私法研究方法论评述:以nemo + iuris为例的拉丁格言的使用

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.17159/2411-7870/2015/V21N1A4

de Bérier, Franciszek Longchamps

{"title":"Remarks on the methodology of private law studies: The use of latin maxims as exemplified by nemo plus iuris","authors":"de Bérier, Franciszek Longchamps","doi":"10.17159/2411-7870/2015/V21N1A4","DOIUrl":"https://doi.org/10.17159/2411-7870/2015/V21N1A4","url":null,"abstract":"Lawyers use words with great care and, particularly in public discourse, often like to use Latin dicta. They do so not only to make their arguments sound more sophisticated, but also to support their theses not merely with elegantly worded, classical maxims, but also with well tested, established concepts based on the experience of people who lived in ancient Rome, a consummately practical society, very well versed in the practice of law. A legal dictum formulated in Latin is referred to as a rule, maxim, definition, precept, or principle. It is impossible to differentiate these terms clearly, although this has been done for instance in the terminology used in contracts in continental private law. How can contemporary lawyers best use Latin maxims and sentences? This is explored by using the example of nemo plus iuris ad alium transferre potest, quam ipse haberet. The six steps are as follows: use maxims competently; be aware of the context of your quotation; do not allow yourself to be taken by surprise; make sure the maxim is well established in the law; do not neglect related and supporting maxims; and take the local context into account.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123009891","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Maritus v Mulier : the double picture in adultery laws from Romulus to Augustus 马里图斯与穆里埃:从罗穆卢斯到奥古斯都通奸法的双重图景

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.17159/2411-7870/2015/V21N2A4

A. Jacobs

引用次数: 1

The origins of hate-crime laws 仇恨犯罪法的起源

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.17159/2411-7870/2016/V22N1A4

K. Naidoo

{"title":"The origins of hate-crime laws","authors":"K. Naidoo","doi":"10.17159/2411-7870/2016/V22N1A4","DOIUrl":"https://doi.org/10.17159/2411-7870/2016/V22N1A4","url":null,"abstract":"Hate crimes were first recognised as a specific category of criminal conduct in the United States of America. Evidence of such recognition is supported by a number of state level and federal hate-crime laws that were enacted in the United States between the early 1980s and 1990s. There is a tendency in some American literature, however, to trace the recognition of hate crime as a specific category of criminal conduct to two specific historical time periods. The first historical period that is usually considered, is the nineteenth-century post-American Civil War period when federal civil-rights statutes were passed by the American Congress to protect vulnerable groups of people who were victimised because of their race and prior status as slaves. The second time period that is considered is the mid-twentieth century, post-Second World War era up to the period of the Civil-Rights Movement. Irrespective of the origins of hate crime as a category of criminal conduct, their recognition has spawned a new category of crime and criminal laws in the United States of America and internationally. Contemporary hate-crime laws recognise a wide spectrum of prejudices and biases. Despite the international trend, particularly in democratic Western nations towards the recognition of hate crimes and the enactment of hate-crime laws, the Republic of South Africa has yet to enact a hate-crime law.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123170773","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Like a bad Penny : the problem of chronic overcrowding in the prisons of colonial Natal : 1845 to 1910 (part 2) 像一个坏便士:殖民地纳塔尔监狱长期过度拥挤的问题:1845年至1910年(第二部分)

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.17159/2411-7870/2015/V21N2A8

S. Peté

{"title":"Like a bad Penny : the problem of chronic overcrowding in the prisons of colonial Natal : 1845 to 1910 (part 2)","authors":"S. Peté","doi":"10.17159/2411-7870/2015/V21N2A8","DOIUrl":"https://doi.org/10.17159/2411-7870/2015/V21N2A8","url":null,"abstract":"During recent decades, like the proverbial bad penny, the problem of chronic overcrowding has turned up over and over again to haunt South African prison administrators. As this article indicates, however, overcrowding in South African prisons is not only a recent phenomenon. Overcrowding has been a significant feature of imprisonment in South Africa from the very introduction of this form of punishment into the country. This article examines overcrowding in the prisons of colonial Natal from 1845 until 1910. Through an analysis of the official discourse surrounding this difficult problem throughout the colonial period, this article shows that imprisonment as a form of punishment in South Africa has always been inextricably bound up with the problem of overcrowding. By illustrating the deeply entrenched nature of the problem from a historical perspective, this article hopes to provide present day prison administrators with useful insights into the nature of their struggle to overcome the problem in the present. The article is in two parts. Part 1 of the article covers the period 1845 to 1875, while Part 2 covers the period 1875 to1910.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117309359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

In memoriam : Peter Birks 1941-2004 纪念:彼得·伯克斯1941-2004

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.3406/ridc.2004.19321

P. J. Thomas

引用次数: 0

Multilingualism in South African courts: The legislative regulation of language in the Cape during the nineteenth century 南非法院的多语制:19世纪开普省对语言的立法规定

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.17159/2411-7870/2015/V21N2A10

G. V. Niekerk

引用次数: 7

The thirty-three articles and the application of Law in the Zuid-Afrikaansche Republiek 南非荷兰语共和国的三十三条款和法律适用

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.17159/2411-7870/2015/V21N2A12

L. Wildenboer

引用次数: 3