Justinian and the Freedom of the Sea

1925 ◽  
Vol 19 (4) ◽  
pp. 716-727 ◽  
Author(s):  
Percy Thomas Fenn
Keyword(s):  
Roman Empire ◽  
Legal Status ◽  
Legal Theory ◽  
Early Years ◽  
Second Century ◽  
Sixth Century ◽  
Written Form ◽  
The Common ◽  
The Right ◽  
Digest Of Justinian

The text of the jurist Marcianus, preserved in the Digest of Justinian, is the first formal pronouncement in recorded legal theory on the legal status of the sea and on the right of men to use the sea and its products. It is stated that the sea and its coasts are common to all men. Since Marcianus lived in the early years of the second century of the Christian era, it follows that this doctrine was known in a written form at least as early as the beginning of the second century. Since, further, Marcianus belonged to that class of jurists the official pronouncements of which were recognized as being statements of the law, it follows that the doctrine of the common right of all men to a free use of the sea was a law of the Roman Empire at the beginning of the second century, although this law was not put in a codified form until the sixth century.

Explaining the Epigraphic Habit in the Roman Empire: The Evidence of Epitaphs

1990 ◽  
Vol 80 ◽  
pp. 74-96 ◽  
Author(s):  
Elizabeth A. Meyer
Keyword(s):  
Roman Empire ◽  
North Africa ◽  
Legal Status ◽  
The Third ◽  
The Right ◽  
Political Economic ◽  
Over Time

It is now notorious that the production of inscriptions in the Roman Empire was not constant over time, but rose over the first and second centuries A.D. and fell in the third. Ramsay MacMullen pointed this out more than five years ago, with conclusions more cautionary than explanatory: ‘history is not being written in the right way’, he said, for historians have deduced Rome's decline from evidence that–since it appears only epigraphically–has merely disappeared for its own reasons, or have sought general explanations of decline in theories political, economic, or even demographic in nature, none of which can, in turn, explain the disappearance of epigraphy itself. Why this epigraphic habit rose and fell MacMullen left open to question, although he did postulate control by a ‘sense of audience’. The purpose of this paper is to propose that this ‘sense of audience’ was not generalized or generic, but depended on a belief in the value of romanization, of which (as noted but not explained by MacMullen's article) the epigraphic habit is also a rough indicator. Epitaphs constitute the bulk of all provincial inscriptions and in form and number are (generally speaking) the consequence of a provincial imitation of characteristically Roman practices, an imitation that depended on the belief that Roman legal status and style were important, and that may indeed have ultimately depended, at least in North Africa, on the acquisition or prior possession of that status. Such status-based motivations for erecting an epitaph help to explain not only the chronological distribution of epitaphs but also the differences in the type and distribution of epitaphs in the western and eastern halves of the empire. They will be used here moreover to suggest an explanation for the epigraphic habit as a whole.

Denominationalism as a Basis for Ecumenicity: A Seventeenth Century Conception

1955 ◽  
Vol 24 (1) ◽  
pp. 32-50 ◽  
Author(s):  
Winthrop S. Hudson
Keyword(s):  
Seventeenth Century ◽  
Religious Group ◽  
Early Years ◽  
Value Judgment ◽  
Right Hand ◽  
Neutral Term ◽  
The Common ◽  
The Right

The use of the word “denomination” to describe a religious group came into vogue during the early years of the Evangelical Revival. Typical of the mood which gave currency to the new term are John Wesley's oft-quoted words; “I … refuse to be distinguished from other men by any but the common principles of Christianity⃜ I renounce and detest all other marks of distinction. But from real Christians, of whatever denomination, I earnestly desire not to be distinguished at all⃜ Dost thou love and fear God? It is enough! I give thee the right hand of fellowship.” The word “denomination” was adopted by the leaders of the Evangelical Revival, both in England and America, because it was a neutral term which carried with it no implication of a negative value judgment.

Puteoli in the Second Century of the Roman Empire: a Social and Economic Study

1974 ◽  
Vol 64 ◽  
pp. 104-124 ◽  
Author(s):  
J. H. D'Arms
Keyword(s):  
Roman Empire ◽  
Early Years ◽  
Second Century ◽  
Historical Change ◽  
Economic Conditions ◽  
Port City ◽  
Economic Study ◽  
Local Evidence ◽  
The City ◽  
Shed Light

τὰ γὰρ τὸ πάλαι (sc. ἄστεα) μεγάλα ἦν, τὰ πολλὰ σμικρὰ αὐτῶν γέγονε. The period of high prosperity in Roman Puteoli extended from the late Republic until the early years of the second century A.D., after which economic primacy in Italy passed from the great port city on the Bay of Naples to Ostia at the Tiber's mouth. Or so, at any rate, it is now commonly believed: Charles Dubois was the first scholar to develop the thesis that Puteoli declined in the second century, and his arguments have been accepted, with modifications, both by economic and social historians and in most recent investigations of the two Roman cities. But inevitably, given the nature of our sources, there are elements of subjectivity in the criteria used to measure historical change; ‘decline’, ‘prosperity’ and ‘growth’ are relative, and therefore often ambiguous, terms, particularly when applied to pre-industrial cities and towns. In this article I hope to modify the prevailing opinion by a closer scrutiny of the evidence for social and economic conditions in second-century Puteoli. In part one the various arguments for a decline are critically reviewed; parts two and three are attempts to exploit a substantial body of local evidence, which is largely inscriptional, to shed light on the nature of Puteolan society and on the economic conditions prevalent in the city; the results of the study are set forth in a brief conclusion.

scholarly journals БОРЬБА ВИЗАНТИИ ЗА ПРАВО ВЛАДЕНИЯ ИТАЛИЕЙ: ИСТОРИКО-ЮРИДИЧЕСКАЯ ХАРАКТЕРИСТИКА ВОЙНЫ 541-552 гг.

2019 ◽  
Vol 3 (1-2) ◽  
pp. 65-104
Author(s):  
Виктор Мельник
Keyword(s):  
Roman Empire ◽  
Legal Status ◽  
Political Process ◽  
Political Orientation ◽  
Crime And Punishment ◽  
Personal Property ◽  
State Apparatus ◽  
Imperial Power ◽  
The Right ◽  
Military Campaign

Смена военно-политической принадлежности, часто практиковавшаяся в войне 541-552 гг., не выходила за рамки общепринятого политического процесса (учитывая провинциальный статус Италии в Византии, речь шла о процессе внутриполитическом). Знатью и солдатами руководила, прежде всего, жажда сохранить жизнь и занимаемое экономическое положение. Они не приносили присягу заново и не считались новобранцами. Они просто меняли политическую ориентацию, но не юридическую принадлежность. Эта тонкая грань, анализируемая в данной статье, хорошо видна в контексте второй итальянской военной кампании 541-552 гг., которую мы характеризуем как «борьбу Восточной Римской империи за право владения провинцией Италия». В любом случае, война 541-552 гг., по своему правовому положению, была гражданской войной внутри Римской империи, которая развивалась по типичной формуле «преступления и наказания». Сначала был факт неповиновения императорской власти, а затем последовало наказание и применение силы. Нарушение закона повлекло за собой санкцию государственного аппарата. Статья опровергает суверенный статус Остготской Италии в рассматриваемый период. Ключевые слова: Восточная Римская империя (Византия), личная собственность императора, византийская Италия, Юстиниан Великий, король Тотила, полководец Нарсес, правовой статус гражданской войны. THE STRUGGLE OF BYZANTIUM FOR THE RIGHT TO OWN ITALY: HISTORICAL AND LEGAL CHARACTERISTICS OF THE WAR IN 541-552 AD The change of military-political affiliation often practiced in the war of 541-552 AD, did not go beyond the generally accepted political process (given the provincial status of Italy in Byzantium, it was a domestic political process). The noblemen and soldiers were led, first of all, by a thirst to preserve life and economic position. They did not take the oath again and were not considered recruits. They simply changed their political orientation, but not their legal affiliation. This fine line, analyzed in this article, is visible in the context of the second Italian military campaign of 541-552 AD, which we characterize as the “struggle of the Eastern Roman Empire for the right to own the province of Italy”. In any case, the war of 541-552 AD, according to its legal status, was a civil war within the Roman Empire, which developed according to the typical formula of “crime and punishment”. At first, there was a fact of disobedience to imperial power, and then the punishment and the use of force followed. Violation of the law entailed the sanction of the state apparatus. The article refutes the sovereign status of Ostrogoth Italy in the period under review. Keywords: Eastern Roman Empire (Byzantium), Personal Property of the Emperor, Byzantine Italy, Justinian the Great, King Totila (Badulla), Commander Narses.

scholarly journals The Right of Access to Justice: Judicial Discourse in Singapore and Malaysia

2007 ◽  
Vol 2 ◽  
pp. 1-40
Author(s):  
Gary K Y Chan
Keyword(s):  
Legal Status ◽  
Common Law ◽  
Access To Justice ◽  
Legal Representation ◽  
The Poor ◽  
Judicial Discourse ◽  
Contingency Fees ◽  
The Common ◽  
The Right ◽  
Right Of Access

AbstractThis is an essay on judicial discourse in Singapore and Malaysia pertaining to the nature and scope of the right of access to justice, including access to justice for the poor. We will examine the statements and pronouncements by the Singapore and Malaysia judiciary in case precedents and extra-judicial statements. Some of the issues explored include the legal status of this right of access to justice (namely, whether it is a right enshrined in the constitution or merely a right derived from the common law and whether it is qualified by economic and other interests) and the associated rights of legal representation, legal aid and contingency fees.

Features of inheritance of some categories of residential properties

2014 ◽  
Vol 8 (9) ◽  
pp. 171-186
Author(s):  
Светлана Чернякова ◽  
Svetlana Chernyakova
Keyword(s):  
Common Property ◽  
Legal Status ◽  
General Procedure ◽  
General Rule ◽  
Legal Regulation ◽  
Housing Cooperatives ◽  
Common Ownership ◽  
The Common ◽  
State Registration ◽  
The Right

The article considers the issues of inheritance of privatized dwellings with encumbered rights of citizens having the right to use the living quarters; premises in houses of housing and housing co-operatives; as well as the peculiarities of inheritance of shares in the common ownership of a dwelling. The author points out that the inheritance of privatized premises which are individually owned, carried out in a general manner. However, there are several problems associated with inheritance. In accordance with the Family Code property received by one spouse to the gratuitous transactions, is their property. Therefore, if privatization took place in the payment of certain sums of money, in this case, there is a common joint property of the spouses; if the transfer occurred gratuitously, the subject of property rights is a person with whom the contract was made. The question of inheritance of premises in houses of housing and housing cooperatives is studied. The specifics of the legal regulation of these relations are determined by the legal status of the cooperatives themselves. In contrast to the general rule, ownership does not arise from the state registration, and upon the payment of a contribution. Regardless of state registration and whether there is a document confirming the ownership of the dwelling, after the death of a member of the construction co-operative, who payd for shares, housing is inherited under the general procedure. The author studies the question about the features of transactions with shares in the common ownership of dwellings and residential premises belonging to the common ownership. In accordance with para. 2, Art. 246 of the Civil Code a co-owner has the discretion to sell, give, bequeath, pledge in its share or dispose of it. It should be borne in mind that the sale and exchange shares in the common property shall be permitted only as subject to the preemptive rights of other participants in the acquisition of such shares. Housing is not recognized as common property, when it was purchased at the actual termination of the marriage, and, consequently, the other spouse does not have any rights to housing.

scholarly journals Pandemic “Disability Cons”

2021 ◽  
Vol 49 (3) ◽  
pp. 401-409
Author(s):  
Doron Dorfman
Keyword(s):  
Legal Status ◽  
Moral Panic ◽  
People With Disabilities ◽  
Disability Rights ◽  
Remote Work ◽  
American Life ◽  
Unfair Advantage ◽  
The Common ◽  
The Law ◽  
The Right

AbstractDisability rights law has made issues of access and accommodations much more visible in American life. Yet a byproduct of the increased awareness of disability rights has been “fear of the disability con,” that is, the common apprehension that people are abusing the law to gain an unfair advantage. Many times, this moral panic creates an invisible, oft-overlooked barrier for people with disabilities who desire to utilize their rights. They either are refused the right altogether or give up asking for it in the first place because they are afraid of being accused of being fakers. This Article shows how fear of the disability con surfaced along the progression of the COVID-19 pandemic. It describes the schism between the ways in which people with disabilities generally fared under the pandemic and some popular perceptions regarding the “privileges” they allegedly received because of their protected legal status. Those so-called privileges include mask exemptions, vaccination priority, and permission to continue remote work. The Article concludes with lessons the COVID-19 pandemic experience can teach us about the nature and scope of the fear of the disability con.

Our Bodies, Whose Property?

2013 ◽  
Author(s):  
Anne Phillips
Keyword(s):  
Labor Markets ◽  
Personal Autonomy ◽  
The Body ◽  
Body Parts ◽  
Complex Issue ◽  
Human Organs ◽  
Property Owners ◽  
The Common ◽  
The Difference ◽  
The Right

No one wants to be treated like an object, regarded as an item of property, or put up for sale. Yet many people frame personal autonomy in terms of self-ownership, representing themselves as property owners with the right to do as they wish with their bodies. Others do not use the language of property, but are similarly insistent on the rights of free individuals to decide for themselves whether to engage in commercial transactions for sex, reproduction, or organ sales. Drawing on analyses of rape, surrogacy, and markets in human organs, this book challenges notions of freedom based on ownership of our bodies and argues against the normalization of markets in bodily services and parts. The book explores the risks associated with metaphors of property and the reasons why the commodification of the body remains problematic. The book asks what is wrong with thinking of oneself as the owner of one's body? What is wrong with making our bodies available for rent or sale? What, if anything, is the difference between markets in sex, reproduction, or human body parts, and the other markets we commonly applaud? The book contends that body markets occupy the outer edges of a continuum that is, in some way, a feature of all labor markets. But it also emphasizes that we all have bodies, and considers the implications of this otherwise banal fact for equality. Bodies remind us of shared vulnerability, alerting us to the common experience of living as embodied beings in the same world. Examining the complex issue of body exceptionalism, the book demonstrates that treating the body as property makes human equality harder to comprehend.

Ameloblastic Fibroma Associated With Impacted 3rd Molar: A Case Report

2017 ◽  
Vol 1 (7) ◽  
pp. 18-21
Author(s):  
K Indira Priyadarshini ◽  
Karthik Raghupathy ◽  
K V Lokesh ◽  
B Venu Naidu
Keyword(s):  
Relative Frequency ◽  
Posterior Region ◽  
Radiographic Examination ◽  
Dental Eruption ◽  
Ameloblastic Fibroma ◽  
Odontogenic Origin ◽  
The Common ◽  
The Times ◽  
The Right ◽  
Slow Growing

Ameloblastic fibroma is an uncommon mixed neoplasm of odontogenic origin with a relative frequency between 1.5 – 4.5%. It can occur either in the mandible or maxilla, but predominantly seen in the posterior region of the mandible. It occurs in the first two decades of life. Most of the times it is associated with tooth enclosure, causing a delay in eruption or altering the dental eruption sequence. The common clinical manifestation is a slow growing painless swelling and is detected during routine radiographic examination. There is controversy in the mode of treatment, whether conservative or aggressive. Here we reported a 38 year old male patient referred for evaluation of painless swelling on the right posterior region of the mandible associated with clinically missing 3rd molar. The lesion was completely enucleated under general anesthesia along with the extraction of impacted molar.

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