Fundamina: a Journal of Legal History最新文献_第4页

L'emploi des standards en droit romain 罗马法标准的使用

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.17159/2411-7870/2016/V22N2A2

Elena Giannozzi

引用次数: 3

Of naval courts martial and prize claims: Some legal consequences of Commodore Johnstone's secret mission to the Cape of Good Hope and the "battle" of Saldanha Bay, 1781 (Part 2) 海军军事法庭与战利品索赔:1781年约翰斯通准将秘密前往好望角和萨尔达尼亚湾“战役”的一些法律后果(下)

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.17159/2411-7870/2015/V21N2A11

J. V. Niekerk

引用次数: 1

Cum dignitate otium. Remarks on Cicero's speech in defence of Sestius Cum dignitate otium。评述西塞罗为赛提乌斯辩护的演讲

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.17159/2411-7870/2016/V22N2A5

T. Nótári

{"title":"Cum dignitate otium. Remarks on Cicero's speech in defence of Sestius","authors":"T. Nótári","doi":"10.17159/2411-7870/2016/V22N2A5","DOIUrl":"https://doi.org/10.17159/2411-7870/2016/V22N2A5","url":null,"abstract":"Cicero delivered his speech in March 56 BC in defence of Publius Sestius, who was charged on the grounds of the lex Plautia de vi with acts of violence offending public order/public tranquillity. He convincingly proved that they were measures required by the situation of lawful defence. We need to make it clear: the speech can be considered primarily a brilliantly executed statement of one of the important fundamental postulates of Cicero's philosophy of the state rather than a lawyer's or orator's achievement. Pro Sestio is the first occasion on which Cicero, having returned from exile, was able to formulate his program of rethinking the idea of a res publica harrowed by civil strife and the preserving-renewing reorganisation of the state. In this speech Cicero clearly takes a stand for Sulla's \"constitution\", that is, for what he interpreted as Sulla's constitution: An argument for strengthening the position of the senate meant to govern the state. His defendant was acquitted, owing not only to the brilliant handling of the facts of the case, but most probably also to the political program presented in the speech with such exhaustive details: A captivating pathos that won his audience's approval.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"84 3-4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120918525","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

When the Exception is the Rule: Rationalising the Medical Exception in Scots Law 当例外是规则:苏格兰法律中医疗例外的合理化

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.47348/fund/v26/i1a1

Jonathan Brown

{"title":"When the Exception is the Rule: Rationalising the Medical Exception in Scots Law","authors":"Jonathan Brown","doi":"10.47348/fund/v26/i1a1","DOIUrl":"https://doi.org/10.47348/fund/v26/i1a1","url":null,"abstract":"No physician who performs a legitimate medical operation on a patient commits a criminal offence or a delict. This is so in spite of the fact that to infringe the bodily integrity of another person is plainly both a crime and a civil wrong. Notwithstanding the fact that the patient may desire the operation, the 'defence' of consent cannot possibly justify the serious injuries intentionally inflicted in the course of, (say) an amputation, since this procedure is highly invasive and effects irreversible changes to the patient's physicality. The 'medical exception' is consequently invoked to preclude prosecution of medical practitioners who carry out procedures which involve serious wounding. Quite where the justification for the medical exception lies remains controversial. The exception has long been justified axiomatically, by reference to the existence of surgery as a profession, or has otherwise been held to be of sui generis character. Herein, however, it is submitted that its basis in Scots jurisprudence, can be found in the etymology of the term 'injury'. At its core, the crime/delict of injury served to preserve and uphold boni mores – good morals. Conduct which contumeliously affronted the dignity of a person could clearly be classified contra bonos mores, but it is apparent that iniuria may be effected even in instances in which there could be no subjective affront to the individual person. This provides a rationalisation for the medical exception: 'Proper medical treatment' is not contra bonos mores and so cannot be said to amount to injury or assault.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"8 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":"123758415","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

A historical review of the development of the post-apartheid South African LLB degree - with particular reference to legal ethics 种族隔离后南非法学学士学位发展的历史回顾-特别涉及法律伦理

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.17159/2411-7870/2015/V21N2A2

N. Whitear-Nel, W. Freedman

引用次数: 1

Tamás Nótári Law and Society in Lex Baiuvariorum : book review Tamás Nótári Lex Baiuvariorum中的法律与社会:书评

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.17159/2411-7870/2015/V21N1A10

Magdolna Sič

引用次数: 0

In memoriam János Zlinszky (1928-2015) : orbituary

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.17159/2411-7870/2015/v21n2a15

T. Nótári

引用次数: 0

Le Gout des jeunes pousses: Atticus, Brutus, Octave 嫩枝的味道:阿提克斯，布鲁图斯，奥克塔夫

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.17159/2411-7870/2016/V22N1A2

Yasmina Benferhat

{"title":"Le Gout des jeunes pousses: Atticus, Brutus, Octave","authors":"Yasmina Benferhat","doi":"10.17159/2411-7870/2016/V22N1A2","DOIUrl":"https://doi.org/10.17159/2411-7870/2016/V22N1A2","url":null,"abstract":"Youth in politics might be a default - a lack of experience justifying waiting for your turn - or an advantage, as a promise of renewal and energy. In ancient Rome youth was something more positive than one could expect: the Roman people, if not the Senate, was fond of young leaders like Scipio Nero, whilst Galba was despised for being too old. This paper aims at studying the case of two young men in the Late Republic - Brutus and Octavian - through their relationship with a much older man, Atticus. The first part focuses on Brutus, born approximately 85 BC and belonging to the ancient elite like Atticus, who was considered a promising young leader of the Optimates since his beginnings in 58 BC until his misfortune in 44-43 when he could not manage to apply the murder of Caesar to his own advantage. The second part concerns Octavius, the real young man, born in 63. He was nineteen years old when he became Caesar's heir, while Brutus was already forty. The vocabulary is revealing: Octavius is called puer by his opponents, but he is an adulescens for the Caesarians, and Brutus is described as an adulescens though already a iuvenis. Atticus, who always helped Brutus, had to change his way: a wedding between Attica and Agrippa, planned by Antony, resulted in him finally belonged to Octavian's party. Octavian, the new man who had won the war, needed a symbol of the old elite and of Republican Rome. Atticus had to save what could be saved.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"13 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":"124437452","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

Basil Edwards : 1930-2014 : obituary 巴兹尔·爱德华兹:1930-2014:讣告

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.17159/2411-7870/2015/V21N1A13

Joan Church

引用次数: 0

Bemerkungen zur Beweisführung in Ciceros Cluentiana 在cicero帮会

Fundamina: a Journal of Legal History Pub Date : 1900-01-01 DOI: 10.17159/2411-7870/2015/v21n1a5

Tamás Nótári

{"title":"Bemerkungen zur Beweisführung in Ciceros Cluentiana","authors":"Tamás Nótári","doi":"10.17159/2411-7870/2015/v21n1a5","DOIUrl":"https://doi.org/10.17159/2411-7870/2015/v21n1a5","url":null,"abstract":"The speech for the defence in the criminal action (causa publica) of Aulus Cluentius Habitus, Cicero's longest surviving speech, dates back to the year 66 when Cicero was praetor. In certain respects, it is the jewel in Cicero's ars oratoria, since its narrative is vivid and full of twists and turns like a crime story. Events, scenes and time sequences follow one another in a dramatic, sometimes seemingly illogical fashion, but in view of the effect the orator seeks to attain, in an exactly premeditated sequence. One charge against Cluentius was that he had poisoned his stepfather, Statius Albius Oppianicus. Another charge was based on the criminal proceedings that had been instituted eight years previously, when Cluentius had charged Oppianicus with attempting to poison him, which resulted in Oppianicus being forced into exile. In the current lawsuit, however, the prosecution alleged that the court in the previous case had declared Oppianicus guilty purely because Cluentius had bribed the judges. The lex Cornelia de sicariis et veneficiis of 81 was applicable with regard to charges of poisoning. However, that law prohibited bribing only those judges who belonged to the order of senators, and Cluentius belonged to the order of knights. First, I outline the historical background of the oration, that is to say, the facts of the case; then, I turn my attention to the possibility of applying the lex Cornelia de sicariis et veneficiis to the case. Finally, I examine Cicero's oratorical strategy of addressing, modifying or distorting the charges and their chronology in order to back up his argument, which lawyers, too, will regard as brilliant.","PeriodicalId":338511,"journal":{"name":"Fundamina: a Journal of Legal History","volume":"99 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":"132071800","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