scholarly journals Summum supplicium in the Legislation of Christian Roman Emperors

2019 ◽  
pp. 39-56
Author(s):  
Andrzej Chmiel
Keyword(s):  
Present State ◽  
Criminal Law ◽  
Social Groups ◽  
The Political ◽  
New Order ◽  
Political Struggle ◽  
Criminal Penalty ◽  
Legal Situation ◽  
Criminal Legislation

This publication is an attempt to answer the question: what was the role of the criminal penalty, especially in its strictest form (summum supplicium) in the Roman legislation of Christian emperors? Finally, whether is it noticeable, based on the example of summum supplicium, that Christianity influenced the Roman criminal law in any way? As it has been demonstrated, the new state religion did not radically change the Roman criminal legislation. The legislation of the Christian emperors confirmed both, the division of society into servi and liberii that had existed for centuries in the Roman state and the diversity of the legal situation of individual social groups. Punishment in the legislation of Christian emperors continued to fulfil the role it had played in the previous centuries and became, even more than ever before, an essential tool for the political struggle of the present state authority. The finest example of this was the legislation of Constantine the Great, followed by all the severity of criminal repression which resulted in the issuing of this legal act. A great desire to bring about a new order, maintain power and even the fear of losing it can be detected in the strictness of the Constantine’s legislation. Finally, the once persecuted Christians began to behave like their previous persecutors.

V. II principio dell’irretroattività della legge nell’esperienza giuridica romana dell’età repubblicana

2021 ◽  
Vol 138 (1) ◽  
pp. 245-273
Author(s):  
Umberto Laffi
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
First Century ◽  
The Political ◽  
Political Struggle ◽  
Dynamic Relationship ◽  
Depth Analysis ◽  
The Law ◽  
Criminal Legislation ◽  
Epigraphic Evidence

Abstract The Principle of the Irretroactivity of the Law in the Roman Legal Experience in the Republican Age. Through an in-depth analysis of literary and legal sources (primarily Cicero) and of epigraphic evidence, the author demonstrates that the principle of the law’s non-retroactivity was known to, and applied by, the Romans since the Republican age. The political struggle favored on several occasions the violation of this principle by imposing an extraordinary criminal legislation, aimed at sanctioning past behaviors of adversaries. But, although with undeniable limits of effectiveness in the dynamic relationship with the retroactivity, the author acknowledges that at the end of the first century BC non-retroactivity appeared as the dominant principle, consolidated both in the field of the civil law as well as substantive criminal law.

XXVI. Maurice Barrès as a Romanticist

PMLA ◽  
1926 ◽  
Vol 41 (2) ◽  
pp. 462-487
Author(s):  
Frederic D. Cheydleur
Keyword(s):  
Comparative Study ◽  
Contemporary Literature ◽  
The Political ◽  
New Order ◽  
Profound Influence ◽  
The World ◽  
French Culture ◽  
Pierre Loti ◽  
Literary Movements

During the last two and a half years France has lost three great writers, Pierre Loti, Anatole France, and Maurice Barrès. Loti, because of his impressionistic novels of the most artistic kind which record his tireless quest of sensations in all countries of the world, France, because of his epicurean philosophy and Voltairean wit expressed in two-score works of the most finished style, and Barrès, because of his triple rôle of author, politician, and leader of traditionalism in France,—all three have left a profound influence on the contemporary literature of their country. Of these three, Barrès, in spite of the conceit of his early egotism, the narrowness of his nationalism, and the occasional arrogance of his confidence in the superiority of French culture, is by far the most highly endowed and representative; and on this account his work will receive more and more attention from serious students of the political, social, and literary movements of the last thirty years in France. He was one of the first to make his voice heard against the extreme naturalism of Zola and his school; he founded a group of enthusiastic young writers striving toward a new order of things; and, after a period of hesitation, he stood forth as the champion of the best traditions of his country. The purpose of this paper is not, however, to make a comparative study of the relative greatness of these three writers, but rather to trace the struggle between the classical and romantic elements in Barrès' composition, and to show that the latter were not only predominant in his first writings but continued to the end of his life as a strong undercurrent in his novels and books of travel.

EDUCATING THE MURID: THEORY AND PRACTICES OF EDUCATION IN AMADU BAMBA'S THOUGHT

2003 ◽  
Vol 33 (3) ◽  
pp. 310-327 ◽  
Author(s):  
Cheikh Anta Babou
Keyword(s):  
Social Change ◽  
The Political ◽  
New Order ◽  
Religious Change ◽  
Political Transformation ◽  
Economic Aspects ◽  
Conscious Decision ◽  
Effective Instrument ◽  
Principal Tool

AbstractThe scholarship on the Muridiyya focuses mainly on the examination of the political and economic aspects of the brotherhood. Dominant scholarly interpretations see the organisation as an effective instrument of adaptation to a turbulent period in history. Disgruntled Wolof farmers joined the Muridiyya as a way of adjusting to the new order brought about by the demise of the pre-colonial kingdoms and the establishment of French domination in Senegal, in the second half of the nineteenth century. Since the role of religious innovations and beliefs was considered peripheral in this process of adjustment, not much attention has been devoted to doctrinal and spiritual issues within the brotherhood. Emphasis had been put on the analysis of the socio-political context of the founding of the Murid brotherhood, and the economic and psychological incentives that might have motivated people to join the organisation. In contrast to this interpretation, I conceive of the Muridiyya as the result of a conscious decision by a Sufi shaikh who saw it primarily as a vehicle for religious change, but also for social and political transformation. Education was the principal tool for the realisation of this social change. This article describes and analyses Amadu Bamba's views on educational theory and practices and explores how his Sufi orientation shaped Murid pedagogy. It reveals the centrality of the theme of education in his writings, sermons and correspondence and documents the continuing influence of this education on the Murid ethos.

Law, Politics, and Violence: The Treason Trials Act of 1696

1980 ◽  
Vol 12 (3) ◽  
pp. 235-256 ◽  
Author(s):  
James R. Phifer
Keyword(s):  
Criminal Law ◽  
Legal Reform ◽  
New Age ◽  
The Political ◽  
Political Struggle ◽  
English History ◽  
Scholarly Attention

In January, 1696, Parliament passed an act to reform the procedure used in treason trials. The consequences of this act were immense. It immediately changed the complexion of treason trials from that of conciliar hearings aimed at eliminating the government's enemies to that of actual trials which sought to establish guilt or innocence. Moreover, Parliament subsequently extended some of the key provisions of this act to criminal law proceedings, thus giving the 1696 statute a claim to being one of the well-springs of legal reform in modern England. Most important of all, however, was the effect the act had on politics. It helped to bring to a close an age in which politicians frequently attacked their opponents with charges of treason, and it thus played a part in opening a new age, one where less violent practices were employed in the political struggle.It is not the least of ironies in English history that an act as important as the Treason Trials Act of 1696 should have received so little scholarly attention. The only historian to give the act more than a few pages is Samuel Rezneck in an article written in 1930. Most historians who work on the period follow the practice of such scholars as G. M. Trevelyan, David Ogg, and Sir Keith Feiling, and either fail to mention the act or note its passage in a sentence or two. Many scholars, especially those of an earlier generation, seem to assume that the act was a natural, perhaps inevitable, reaction to Stuart tyranny—that it was part of the light brought in by William and Mary at the end of a dark century—and, hence, that there is little need to discuss it.

scholarly journals El sesgo patriarcal del conocimiento

Tequio ◽  
2019 ◽  
Vol 3 (7) ◽  
pp. 15-24
Author(s):  
Mariana Favela Calvillo
Keyword(s):  
The Political ◽  
Human History ◽  
Political Struggle ◽  
Role Of Women ◽  
Forms Of Knowledge

No periodization is ever neutral, much less the dominant perspectives on how history is interpreted. Our forms of knowledge imply a patriarchal bias that constitutes a form of reductionism in at least two senses: first, the tendency to reduce the totality of human history to what I call the patriarchal horizon, and which is but the last breath of a much longer and complex story; and second, even within the patriarchal horizon, this kind of blindness tends to fade out the role of women and their contributions in any field. The bias gradually becomes a canon, it seems natural and goes unnoticed. This paper discusses the depatriarchalization of knowledge and the study of long history, both understood as indispensable strategies for the political struggle of women and the elimination of gender-generic systems of oppression.

scholarly journals A NEW LEGAL SOLUTION ON RECIDIVISM IN SERBIАN CRIMINAL LEGISLATION

2021 ◽  
Vol 25 (3) ◽  
Author(s):  
Ivana Bodrožić ◽  
Đorđe Đorđević
Keyword(s):  
Decision Making ◽  
Criminal Law ◽  
Legal Status ◽  
General Trend ◽  
Criminal Code ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Criminal Legislation ◽  
Persistent Offending

From the adoption of the Criminal Code in 2006 until the latest amendments of 2019, the Serbian criminal legislation treated recidivism as an optional aggravating circumstance, which had its specific legal status in comparison with other mitigating and aggravating circumstances. According to the new legal solution, instead of being optional, recidivism has become a mandatory aggravating circumstance, which together with clearly specified conditions for harsher penalties narrows down the possibility of free judicial decision-making when meting out punishment. The paper answers several questions: whether harsher penalties for recidivists are only the result of continuous tightening of repression at a normative level, whether and to what extent the criminal-law framework has been improved, and whether returning to some solutions, which were not normally applied in court practice, can be marked as approriate to achieve the desired degree of crime prevention. Final critical conculusion is that the new legal solution on recidivism appears regressive, given that the court is strictly bound by the law through oblitatory conditions regarding prior and persistent offending, which is in compliance with the general trend of tightening repression at the normative level and reducing the role of the court to the level of administrative application of the norm.

The Topic of Catalonia in the Election Campaigns of Spanish Parties in 2019

2020 ◽  
Vol 7 (4 (28)) ◽  
pp. 103-110
Author(s):  
Yulia N. Frolova
Keyword(s):  
The Political ◽  
Election Campaigns ◽  
Political Struggle ◽  
Special Position ◽  
General Elections

The role of the Catalan issue in the period of early general elections in 2019 in Spain is considered. The author examines how parties use the topic of Catalonia in the political struggle and if this topic is relevant for Spanish citizens. The problem of separatism is still one of the urgent issues for Spain, so in the election campaigns it has a special position.

Perspectives on Teaching: A Space for Reflection on the Sociopolitical Nature of Doing

2019 ◽  
Vol 10 (10) ◽  
pp. 1017-1022
Author(s):  
Isabel Cristina Rincón Rodríguez ◽  
◽  
Jorge E. Chaparro Medina ◽  
José Gregorio Noroño Sánchez ◽  
Marcela Garzón Posada ◽  
...  
Keyword(s):  
Professional Practice ◽  
Social Groups ◽  
Student Interaction ◽  
The Political ◽  
Social Phenomena ◽  
Training Performance ◽  
Teacher Student ◽  
The Social ◽  
Teaching Learning

In the exercise of teaching, teachers give account of different forms of organization: emerging, self-managed and autonomous product of conceptions that arise from training, performance and experiences where the socio-political nature of both his being and individual that integrates and makes part of social groups, as in the exercise of professional practice. Under this horizon, the aim of this work is to analyze from the social function of the teacher the sociopolitical role of their task as far as the political vision has, ability to understand social problems and generate actions for which is part of a frame of reference where the concepts that allow to develop theoretical analysis to identify the sociopolitical expression of the teaching exercise are exposed, considering that in this practice this type of content is revealed in the teachers as actors of the teaching-learning process, both in the training in their performance based on the training they receive, the historical geographical relationship and the experiences that their activity provides them with what has framed this work. It is concluded that in the exercise of teaching work are present sociopolitical categories that affect both the understanding of social phenomena and the pretense of practical actions that transform these realities from the institution-teacher-student interaction.

scholarly journals Civic virtues dalam pendidikan moral dan kewarganegaraan di Indonesia era orde baru

2004 ◽  
Vol 1 (2) ◽  
Author(s):  
Samsuri Samsuri
Keyword(s):  
Civic Education ◽  
The Political ◽  
New Order ◽  
New Paradigm ◽  
Political Decision ◽  
Good Citizen ◽  
Civic Virtues ◽  
To Receive ◽  
Political Decision Making

 This paper described the role of New Order Regime in Indonesia to build the citizen characters through the educational system. The regime effort to inculcate its interpretation on Pancasila (Five Principles) such as "Pedoman Penghayatan dan Pengamalan Pancasila" (P4). Citizens have been forced to receive and agree what regime intentions on Pancasila. They should be loyal to what regime interests on Pancasila. In the schooling, the New Order Regime has established P4 as core contents of civic virtues to build "good citizen" characters. Some policies in the educational (schooling) system released namely "Pendidikan Moral Pancasila" (Education of Moral Pancasila, PMP) and "Pendidikan Pancasila dan Kewarganegaraan" (Pancasila dan Civic Education, PPKn). This paper seemed the political decision making on how civic virtues have been implemented in the textbooks and two curriculum periods (1984 and 1994). The last, this paper examined the opportunity and prospect the new paradigm of civic education post-1998, i.e. the transitional democracy period after the fall of Suharto as leader profile of the New Order Regime. 

scholarly journals ARISTOCRACY AND POPULAR ENGAGEMENT IN REPUBLICAN ROMAN POLITICS

1969 ◽  
Vol 1 (1) ◽  
pp. 364-383
Author(s):  
Jonathan Cruz Moreira
Keyword(s):  
Social Organization ◽  
Political Process ◽  
Social Groups ◽  
The Political ◽  
Modus Operandi ◽  
Popular Engagement ◽  
Made In ◽  
Patronage System ◽  
Res Publica

One of the recurrent themes in contemporary historiography on political and social organization of roman state resides on the participation or not of the population in decisions made in the different assemblies of roman citizens. Some of the discrepancies arise from the Roman citizens’ sovereignty in these elections and the role of aristocracy in controlling these decisions, either through patronage system or by the assemblies’ modus operandi themselves.  The answer to these questions involves analyzing the place of aristocracy and plebs in this system, as well as the knowledge on the traditions system that ruled the res publica. This article aims at reflecting about the participation of the different social groups in Roman political process, by analyzing the political process and its traditions.

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