scholarly journals PRAWO RZYMSKIE W DAWNEJ ANGLII W ŚWIETLE POGLĄDÓW ARTURA DUCKA (WYBRANE ZAGADNIENIA)

2017 ◽  
Vol 6 (2) ◽  
pp. 117
Author(s):  
Łukasz Marzec
Keyword(s):  
Legal System ◽  
Legal Theory ◽  
17Th Century ◽  
Roman Law ◽  
Striking Similarity ◽  
Oxford University ◽  
Contemporary Research ◽  
Early English ◽  
Court Of Chancery ◽  
General Opinion

The Views of Arthur Duck on Roman Law in EnglandSummaryThe aim of this paper is to discuss the views of sir Arthur Duck on the influence and power of Roman Law in England up to 17th century, which he analysed in his work De Usu et Authoritate Juris Civilis Romanorum in Dominiis Principum Christianorum first published in 1652. Chapter 8 of this book seems to be an important source for the contemporary research. Duck, a legal practitioner, a politician and a D. C. L. presented a unique view on the matter. A detailed study shows that the following areas and solutions of the English legal system bear signs of the Roman influence: courts (e. g. Court of Chancery, Court of Admiralty, Court of the Constable and Marshall), lectures at the Oxford University, Vacarius school of law, early English legal writings, legal theory and science. Duck was probably the first to notice and mark the striking similarity between Roman procedure of the ius honorarium and the English equity. He disagrees with the general opinion that the Roman Law exercised no authority in England. 

Gans, Eduard (1797–1839)

2018 ◽  
Author(s):  
Lawrence S. Stepelevich
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Legal System ◽  
Political Institutions ◽  
Legal Theory ◽  
Natural Rights ◽  
Roman Law ◽  
Firm Structures ◽  
Legal Theorist

Gans was an influential legal theorist and an admirer of Hegel’s doctrines regarding the nature and purposes of political institutions. He attempted to extend the role of those doctrines to the practical reform of German legal theory. Gans criticized this theory as being neither universal nor in accord with natural human rights. One of the most evident expressions of this partiality of the law was to be found in the legal disregard of the natural civil rights of Jewish citizens. Gans looked to the past, to Roman law, with its universal applications and its firm structures based upon natural rights, as a model upon which a future German legal system could be constructed.

scholarly journals THE LAST WOLF. THOMAS HOBBES’ PHILOSOPHY OF CRIME AND PUNISHMENT

2019 ◽  
Vol 1 (1) ◽  
pp. 75-127
Author(s):  
Silvia Alves
Keyword(s):  
Political Science ◽  
Legal System ◽  
Legal Theory ◽  
Thomas Hobbes ◽  
Modern Theory ◽  
Judicial Discretion ◽  
Crime And Punishment ◽  
Ex Post ◽  
Ex Post Facto ◽  
The Right

This article draws a reconstruction of Thomas Hobbes’ philosophy of crime and punishment. In Leviathan or Philosophical rudiments (De Cive) political science, legal theory and philosophy of crime and punishment compose a coherent unity. This scenario where power and law emerge allows to erect an extraordinarily modern theory that shelters preference for statutory law and suspicion of judicial discretion; consistency and predictability of the legal system; preventism and utilitarianism on punishments; prohibition of ex post facto laws and, in general, defense of strict legality. Boldness and the disconcerting frankness of Hobbes’ thinking coexist with some defiant antinomies. The duty to obey never eclipses the inalienable right to self-preservation. And the theorist of absolute sovereignty can present himself as an unexpected liberal. But perhaps the most disturbing is the permanent reminder that punishment remains brutal violence. The right to punish and the right to resist are the brutal remains of the state of nature.

scholarly journals Slagscener i det elizabethanske teater

2018 ◽  
Vol 33 (80) ◽  
pp. 125-144
Author(s):  
Christian Dahl
Keyword(s):  
17Th Century ◽  
Narrative Development ◽  
Cultural Impact ◽  
English Drama ◽  
Use Of Data ◽  
Acoustic Representation ◽  
Battle Scenes ◽  
Military Engagement ◽  
The Many ◽  
Early English

Christian Dahl: “Battle scenes in the Elizabethan theater”This article analyses the widespread use of staged battle in Elizabethan theater by use of data extracted from Folger Library’s Digital Anthology of Early English Drama. Between 1576 and 1616, hundreds of battle scenes were produced on English stages but although a substantial number is still available for study, only few scholars have recognized their significance. The many battle scenes both attest to the Elizabethans’ vivid interest in history and to the cultural impact of England’s increasing military engagement on the Continent and in Ireland at the end of Elizabeth’s reign. It is often assumed that histories and battle scenes were particularly popular in the 1590’ies and then fell out of fashion early in the 17th century, but the article demonstrates that staged war remained a frequent occurrence in the first two decades of the century and never disappeared entirely. The article discusses visual and, in particular, acoustic representation of warfare based on the evidence of surviving plays and other documents. The article will also (very) briefly sketch the narrative development of battle scenes that took place in the 1590ies.

Sign in / Sign up

Export Citation Format

Share Document