Law in action in classical Athens

1985 ◽  
Vol 105 ◽  
pp. 40-58 ◽  
Author(s):  
Robin Osborne

The fine modern scholarship on Athenian law has concentrated on (a) the scope of particular laws, and (b) the technical aspects of the legal process. This paper attempts to examine how the legal system worked in practice.The Athenians classified legal cases in various ways. On the one hand there was a division by subject matter between private cases (dikai idiai) and public cases (dikai dēmosiai), and on the other there was a division according to the procedure involved. There were a number of specialised procedures, but the most important procedural division was between those cases which anyone was free to bring (graphai) and those which only an interested party could bring (dikai in the narrow sense). These divisions on grounds of subject matter and on grounds of procedure overlap, but they are distinct and neither corresponds to the modern European legal division between civil and criminal cases.

2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."


Author(s):  
В.В. Крюков ◽  
О.В. Шлегель

В статье рассматриваются методики в расследовании уголовных дел, касающихся должностных преступлений коррупционной направленности и преступлений против личности, совершаемых по мотиву национальной ненависти или вражды. Выявлены и предлагаются к обсуждению как общие аспекты, способствующие раскрытию вышеуказанных категорий преступлений с одной стороны, так и особенности, связанные с их спецификой – с другой стороны. Также авторами предложены новые методологические особенности для раскрытия и расследования указанных категорий дел, помогающие предварительному следствию успешно справляться с поставленными задачами. The article discusses the methods of scientists in the investigation of criminal cases concerning official crimes of corruption and crimes against the person committed on the basis of national hatred or enmity. Scientists have identified common aspects that help in the disclosure of both categories of crimes on the one hand, and on the other hand, in accordance with their specifics, the features of the


2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.


2021 ◽  
pp. 314-329
Author(s):  
Irina V. Shaposhnikova ◽  

The study of the universals of the Russian language personality on the model of the associative-verbal network (AVN) proceeds from ontological and epistemological aspects. Ontologically the AVN “inherits” a number of functional properties from the human cognitome hypernetwork. Along with the dissipation of grammar and stochastic formation of the vectors of associative dominants, they can be attributed to universals in the narrow sense of the word (ultimately due to the evolutionary biological specifics of the species). On the one hand, the dissipated character of grammar in the AVN and stochasticity of the emergence of meaningful vectors impose epistemological restrictions on the methods used to study the AVN phenomena. On the other hand, the gradual accumulation of the new Russian corpora of verbal associations opens a window of research perspectives for studying culturally imposed universals of the Russian language personality in current diachrony with reference to ethno-social and regional variability. The formalization of associative-verbal processes is associated with methods of explicating grammar (dissipated in AVN) and its role in the emergent meaning-formation. The author’s techniques of working with the AVN of the Russian language personality on the latest experimental materials (the database SIBAS and its subcorpora) are aimed at explicating the associative profiles of lexico-grammatical phenomena and their relevance for the analysis of the universals in a broad sense of the term, the associative dominants creating a unified but dynamic with their fluctuations semantic field of the personality’s verbal culture.


Author(s):  
Philipp Dann ◽  
Maxim Bönnemann ◽  
Tanja Herklotz

Discussing several methods of comparative legal research and emphasizing upon the point that the two or more systems to be compared should not either be so similar that there is nothing for the one to learn from the other, nor should they be so dissimilar that there is no relationship whatsoever between them. Following this principle, this chapter finds that there is enough similarity as well as dissimilarity between the Indian legal system and the legal system of the European Union. Acknowledging that fact, the chapter then proceeds to compare some of the aspects of European and Indian legal systems from which both of them may benefit.


2014 ◽  
Vol 6 (2) ◽  
pp. 213-238
Author(s):  
Zhenghui Li

As an emergent type of charitable organizations, nonpublic fundraising foundations (非公募基金会) are questioned on its legal entity – on whether nonpublic fundraising foundations qualify as a valid type of charitable organizations. In terms of its origin, nonpublic fundraising foundations emerged in China as a product of the mixture of history, reality and imported elements. Fundraising, a key word in the term, is not a right but a duty. The problem with nonpublic fundraising foundations is the overstress on the concept on the one hand and the ignorance of the institution on the other. The solution lies in setting up a sound and clear institution, so as to form an organic system of charitable organizations. The fact that nonpublic fundraising foundations are hardly supported in the existing theories of legal personality reflects the need to reform relevant aspects in the legal system.


2015 ◽  
Vol 10 (1) ◽  
pp. 45-62 ◽  
Author(s):  
Charlotte Baines

This article addresses a research gap by analysing the way the Australian legal system is balancing the right to religious autonomy of organisations and the right of lgbti individuals not to be discriminated against, and considers what ought to be the case. I argue that the Australian legal system recognises the value of religious freedom on the one hand, and on the other hand, does not place a high priority on protecting it as an existing human right. My findings reveal that the Australian legal system is not always defining the religion and society relationship in ways that reflect the lived reality of religion in society. The issue is compounded by the wording of religious exemptions under anti-discrimination law which is contested within faith communities. As a consequence, religious freedom can be unfairly restricted. I conclude with recommendations to improve the status quo.


1990 ◽  
Vol 24 (3-4) ◽  
pp. 507-524 ◽  
Author(s):  
Brahyahu Lifshitz

Jewish law is an independent legal system embracing most of the subjects to be found in any system of positive law. The hopes and efforts of many people notwithstanding, Israeli law is not identical to Jewish law, nor does it constitute one of its branches. The generally accepted view is that Jewish law is not influenced, nor affected in any way, by the acts of the Israeli legislature or judiciary. There is, however, little doubt that to a certain extent, Israeli law is influenced by Jewish law. It is therefore a legitimate exercise to discuss the nature of the relationship between the two systems from the point of view of Israeli law. We may also comment upon the amount of satisfaction or disappointment which may legitimately be felt, on the one hand, by those in favour of reinforcing the relationship between the two systems and making it stronger and more active and, on the other, by those opposed to such a relationship. It should also be observed that the interrelationship between Israeli and Jewish law is not only to be perceived from the standpoint of pure law. Any discussion of this question involves issues of a political, religious and social nature; a study focussing on the bare legal facts alone would provide a necessarily distorted picture.


Prospects ◽  
1984 ◽  
Vol 9 ◽  
pp. 231-254 ◽  
Author(s):  
Suzanne L. Kinser

It came as no surprise to John Sloan when in 1910 the National Academy of Design refused to exhibit his painting 3 a.m. (Fig. 1). Its subject matter must have appeared to the academy jury, as Sloan later said, rather “like a pair of men's drawers slipped into an old maid's laundry.” It is apparent that the critics of the day, who deemed the work “too frank and vulgar,” could hardly have overlooked the fact that the seated woman, sipping a cup of tea, is a prostitute. Indeed, the other woman, who is busily engaged in cooking her a meal, would appear to be one also. During the Progressive Era, it was common for prostitutes to share tenement flats like the one in 3 a.m., as numerous muckraking newspaper articles and tracts on the social evil were beginning to make plain. The reformist zeal for which the period is presently noted may have succeeded in closing down a number of brothels; but the world's “oldest profession” continued to flourish, as journalists were constantly reminding an apprehensive but nevertheless titillated American public. In 1910 prostitutes were more visible than ever. Operating independently out of tenements like the one in 3 a.m., they worked on the streets and out of dance halls, saloons, and cheap restaurants.


1968 ◽  
Vol 15 (2) ◽  
pp. 126-132 ◽  
Author(s):  
David P. Ausubel

In mathematics, as in other scholarly disciplines, pupils acquire subject-matter knowledge largely through meaningful reception learning of presented concepts, principles, and factual information. In this paper, therefore, I first propose to disti nguish briefly between reception and discovery learning, on the one hand, and between meaningful and rote learning, on the other. This will lead to a more extended discussion of the nature of meaningful verbal learning (an advanced form of meaningful reception learning) and the reasons it is predominant in the acquisition of subject matter; of the manipulable variables that influence its efficiency; and of some of the hazards connected with its use in the classroom setting.


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