Pázmány Law Review最新文献

SC Claudianum and Levitas Animi – a Gender Issue? 克劳迪亚姆和莱维塔斯·阿尼米——性别问题?

Pázmány Law Review Pub Date : 2023-04-23 DOI: 10.55019/plr.2021.1.11-30

János Erdődy

{"title":"SC Claudianum and Levitas Animi – a Gender Issue?","authors":"János Erdődy","doi":"10.55019/plr.2021.1.11-30","DOIUrl":"https://doi.org/10.55019/plr.2021.1.11-30","url":null,"abstract":"During the reign of Emperor Claudius, a senatusconsultum from 52 AD contained provision concerning free women sustaining a relationship with the slave of another. In accordance with these provisions should she fail to abandon the relationship after the denouncement of the slave’s master, will become the slave of the master denouncing her deed. The senatusconsultum also contains rules regarding the status of the children born from such a relationship. Some scholars tend to label this decree of the Roman Senate a “gender issue” despite the obvious anachronism of the statement. This paper aims at unfolding the sustainability of such a label. In the scope of this endeavour the common and generally known phrases, levitas animi and infi rmitas sexus are also examined. Connected to tutela feminarum, the locutions levitas animi and infi rmitas sexus turn out to contribute to a common, but mistaken opinion how women were regarded in ancient Roman society. Placed properly amongst primary sources, it turns out that they refl ect an attitude stemming from Greek philosophy, and therefore not common throughout the entire history of Rome. As for the approach of male and female roles in Roman society, mores maiorum plays an undoubtedly important part in determining the actual content of social customs. There’s also a strong endeavour to protect women in certain situations, and this is where tutela mulierum is supposedly originates from. Secondary literature does not rank SC Claudianum among “gender issues”. In addition, the term “gender issue” as such covers a modern concept, and therefore anachronistic in Roman law research, as a consequence its use is at least doubtful.","PeriodicalId":430761,"journal":{"name":"Pázmány Law Review","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126237588","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

Die tschechisch-ungarischen Beziehungen im 19. Jahrhundert und der Ausgleich 19年捷克与匈牙利的关系新世纪的和谐

Pázmány Law Review Pub Date : 2023-04-23 DOI: 10.55019/plr.2021.1.83-94

Milan Hlavačka

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Aristotle and Natural Justice 亚里士多德与自然正义

Pázmány Law Review Pub Date : 2023-04-23 DOI: 10.55019/plr.2021.1.57-65

P. Lautner

引用次数: 0

Das „antipandektistische Manifest“ von Leonard Piętak. Leonard的《antipandektistische宣言》,而πę朗.

Pázmány Law Review Pub Date : 2023-04-23 DOI: 10.55019/plr.2021.1.95-121

Ernest C. Bodura

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Legis Actio in Rem and Adolf Reinach’s Theory on Social Acts “对物的法律行为”与阿道夫·莱纳赫的社会行为理论

Pázmány Law Review Pub Date : 2023-04-23 DOI: 10.55019/plr.2021.1.67-81

Nadja El Beheiri

{"title":"Legis Actio in Rem and Adolf Reinach’s Theory on Social Acts","authors":"Nadja El Beheiri","doi":"10.55019/plr.2021.1.67-81","DOIUrl":"https://doi.org/10.55019/plr.2021.1.67-81","url":null,"abstract":"In an essay published in 2002, Ulrich Manthe analysed the ancient legis actio sacrament in rem in the light of the speech act theory shaped, above all, by John L. Austin (1911–1960). Almost half a century before, Austin Adolf Reinach, an outstanding member of the phenomenological school founded by Edmund Husserl, developed a theory of illocutionary acts from the perspective of realistic legal philosophy. One of the essential elements of the model developed by Reinach is the theory of social acts. In the fi rst step, the paper focuses on the opening part of the legis actio sacramento in rem. It shows that concerning the activity of the parties during the initial ritual of the law enforcement process, we discover the development from the acts of conviction and assertion, which still do not arrive at the state of social acts, to the social act of informing the other party about the claim. The paper also tries to approach the activity of the praetor and the judge through the theory of social acts. The “mittite ambo rem” on behalf of the praetor is qualifi ed technically as the social act of a command. Without arriving at a fi nal result, the paper makes a first attempt to apply the categories of commandment and enactment to the activities of the praetor and the judge. It leaves this item open to further research underlying at the same time that the application of the social acts might contribute to understanding the relationship between the two actors in ancient law.","PeriodicalId":430761,"journal":{"name":"Pázmány Law Review","volume":"165 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126579786","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

The The Influence of Petrus Iohannis Olivi (1248-98) upon the Formulation of a Radically Voluntarist Conception of Natural Law Petrus Iohannis Olivi(1248-98)对形成一个完全唯意志论的自然法概念的影响

Pázmány Law Review Pub Date : 2023-04-23 DOI: 10.55019/plr.2021.1.31-35

Dominic Whitehouse

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Christianity and Human Rights – Perspectives from Hungary (Introduction) 基督教与人权——匈牙利的观点(导言)

Pázmány Law Review Pub Date : 2023-04-23 DOI: 10.55019/plr.2021.1.37-41

A. Koltay

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Quod cum minore gestum esse dicetur, animadvertam

Pázmány Law Review Pub Date : 2022-04-21 DOI: 10.55019/plr.2020.1.87-97

János Erdődy

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Das Grundrecht am eigenen Bild 既成法定权力

Pázmány Law Review Pub Date : 2022-04-21 DOI: 10.55019/plr.2020.1.27-50

Kinga Zakariás

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Protecting Human Rights: the Right to Education in an Epidemic 保护人权:流行病中的受教育权

Pázmány Law Review Pub Date : 2022-04-21 DOI: 10.55019/plr.2020.1.67-73

Ákos Kozma

{"title":"Protecting Human Rights: the Right to Education in an Epidemic","authors":"Ákos Kozma","doi":"10.55019/plr.2020.1.67-73","DOIUrl":"https://doi.org/10.55019/plr.2020.1.67-73","url":null,"abstract":"With regard to the history of the constitutional protection of children’s rights, more precisely, the right of children to education, one of the most outstanding dates is 1924. The nearly 100-year-old Geneva Convention is regarded as the fi rst major international document on children’s rights. The Convention was drawn up in the wake of a great international crisis, the First World War, and the ensuing diffi cult economic and social situation, as well as the raging of a large epidemic. The fi ve short and concise points of the Convention are not simply a legal history document on fundamental rights, on which later conventions were built but they are still relevant and convey a clear message today. The Convention does not make any direct reference to the right to education but the idea, the spirit is there in almost every section. Pursuant to the Convention, children should always be helped fi rst in any trouble. All the resources that are necessary for a child’s normal physical and mental development should be ensured, children should be taught to be able to make their own living, and they should be raised in the spirit so that they would put their skills at the service of others in the future.1 What does the concept of education encompass? According to the normative defi nition of UNESCO,","PeriodicalId":430761,"journal":{"name":"Pázmány Law Review","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123064194","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