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Journal articles on the topic 'War (Roman law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 27 July 2025

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1

Greenwood, Ryan. "War and Sovereignty in Medieval Roman Law." Law and History Review 32, no. 1 (2014): 31–63. http://dx.doi.org/10.1017/s0738248013000631.

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The theory of just war in medieval canon law and theology has attracted to it a large body of scholarship, and is recognized as an important foundation for Western approaches to the study of ethics in war. By contrast, the tradition on war in medieval Roman law has not received much attention, although it developed doctrines that are distinct from those in canon law and theology. The oversight is notable because medieval Roman law on war influenced subsequent tradition, forming with canon law the essential basis for early modern legal thought on war and peace. While the main canonistic contrib

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Wiedemann, Thomas. "The Fetiales: a Reconsideration." Classical Quarterly 36, no. 2 (1986): 478–90. http://dx.doi.org/10.1017/s0009838800012210.

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In recent years many historians have rightly emphasised aggressive imperialism as a key element in Roman political life in the Middle and Late Republic. This has led to reconsideration of the significance of the ‘just war’ theory associated with the college of fetiales. ‘On the basis of this fetial law of the Roman people, it can be understood that no war is justified unless it is waged after compensation has been demanded (sc. and refused by the enemy), or the war has been announced in advance and formally proclaimed.’ Earlier this century, scholars were happy to accept that this ‘fetial law’

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Zabłocka, Maria. "RZUT OKA NA POLSKĄ ROMANISTYKĘ W PIERWSZYM DZIESIĘCIOLECIU XXI WIEKU." Zeszyty Prawnicze 12, no. 1 (2016): 7. http://dx.doi.org/10.21697/zp.2012.12.1.01.

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An Overview of the Work of Polish Scholarship on Roman Law in the First Decade of the Twenty-First Century Summary In the first decade of the 21st century Polish scholars of Roman Law accomplished a considerable amount of work, adopting an entirely new area of research. While publications on private law had constituted the predominant trend since the Second World War, especially in the first forty years of the period, articles on public law were an exception until recent times. In the last few years nearly twice as many monographs have been published on a broad range of issues in public law, s

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Nancka, Grzegorz. "Kazimierz Kolańczyk (1915-1982) and a New Approach to the Teaching of Roman Law in Post-war Poland." Bratislava Law Review 6, no. 2 (2022): 103–12. http://dx.doi.org/10.46282/blr.2022.6.2.290.

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An entirely new approach to the teaching of Roman law was long-awaited in post-war Poland. There were not many studies for learning the subject, and in the case of the available ones, their weaknesses were highlighted. A breakthrough in the area of the Roman law academic textbook came with the publication of “Roman Law” by Kazimierz Kolańczyk. It is considered one of the best Roman law textbooks, if not the best, in the 20th century in Poland. The work was significantly different from the other hitherto available textbooks, primarily because the author developed his own concept for that type o

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Straumann, Benjamin. "Natural Rights and Roman Law in Hugo Grotius's Theses LVI, De iure praedae and Defensio capitis quinti maris liberi." Grotiana 26, no. 1 (2007): 341–65. http://dx.doi.org/10.1163/187607508x366454.

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AbstractRoman property law and Roman contract law as well as the property centered Roman ethics put forth by Cicero in several of his works were the traditions Grotius drew upon in developing his natural rights system. While both the medieval just war tradition and Grotius's immediate political context deserve scholarly attention and constitute important influences on Grotius's natural law tenets, it is a Roman tradition of subjective legal remedies and of just war which lays claim to a foundational role with regard to his conception of subjective natural rights. Grotius made use of Roman law

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Karski, Karol. "‘IUS POSTLIMINII’ JAKO PODSTAWA UZNANIA CIĄGŁOŚCI PRZEDWOJENNYCH I DZISIEJSZYCH PAŃSTW BAŁTYCKICH." Zeszyty Prawnicze 14, no. 1 (2016): 7. http://dx.doi.org/10.21697/zp.2014.14.1.01.

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‘IUS POSTLIMINII’ AS THE GROUNDS FOR THE RECOGNITION OF CONTINUITY BETWEEN THE PRE-WAR AND THE PRESENT-DAY BALTIC STATESSummaryPostliminium was applied to describe the status of a Roman citizen who was taken captive during a war and then regained his freedom. If he managed to return from captivity, then the moment he crossed the border of the Roman state, legally his rights and legal relationships were restored (though with some exceptions). This institution has become part of international law and has developed a life of its own. Hardly anyone remembers the Roman origins of many legal constru

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Pérez Carrandi, Juan. "Helvetii and germans: Caesar and war crimes." Signos Históricos 25, no. 50 (2024): 96–133. http://dx.doi.org/10.24275/shis.v25n50.03.

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This article analyzes the authoritarian policy of Caesar in his previous stage to the consulate of Gaul. Already in the provincial stage, it focuses on two equally illegal episodes: the extermination of part of the Helvetian people first, and of two Germanic tribes later. Both actions were perpetrated by Caesar against Roman law and fecial law itself. The sources refer to similar examples that reinforce the idea of illegality.Keywords: Julius Caesar; Helvetii; Germans; illegal warfare; fetial law

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Lewandowski, Michał. "Stanisław Kryński – przyczynek do biografii." Acta Iuridica Resoviensia 33, no. 2 (2021): 67–80. http://dx.doi.org/10.15584/actaires.2021.2.5.

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As a young man Stanisław Kryński, our Polish scholar, intended to devote his life to Roman Law. The fact may be surprising as Kryński received a great deal of attention thanks to his Polish translations of English poetry and the first volume of The history of the decline and fall of the Roman Empire by Edward Gibbon. The first archival research shows that in his youth Kryński was really into Roman Law and was even going to do his doctorate on “Iudicum familiae erciscundae in a Classic Roman Law”. He became the assistant of the professor Ignacy Koschembahr-Łyskowski while studying at the Facult

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Rastegaeva, M. N. "«LEGITIMATE RIGHT» TO LOOT: THE DISTRIBUTION OF WAR BOOTY AND ROMAN CIVITAS OF THE REPUBLIC." Ancient World and Archaeology 21, no. 21 (2023): 110–39. http://dx.doi.org/10.18500/0320-961x-2023-21-110-139.

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the article examines the distribution and use of war booty in the Roman Republic. In spite of quite extensive historiography on this question, scholars as a rule focused their interest on the role of the commander in the process of dividing the loot, and the collective of citizens of the Roman state, which also claimed part of the loot, unreasonably remained without required attention. Therefore the article analyzes the parts of the Roman civitas, among which the spoils of war were distributed, namely, the commander, the soldiers and the treasury. Besides the desire of each of the parties to g

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Apsītis, Allars, Jolanta Dinsberga, and Osvalds Joksts. "Diplomatic law in Ancient Rome." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 3, no. 30 (2024): 1–8. https://doi.org/10.25143/socr.30.2024.3.01-08.

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This article focuses on the results of the authors’ research conducted on primary sources of Roman law, with the aim to examine and evaluate the legal framework of the beginnings of diplomatic norms in the civilisation of Ancient Rome. This article discusses the historical and legal aspects of regulation of ambassador’s status, legal practices regarding ambassadors of special task fetiales and procedure for declaration of war and the role of fetiales in concluding international agreements. The authors have conducted the research and analysis of the information contained in the so-called Justin

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Ritaine, Eleanor Cashin. "Harmonising European Private International Law: A Replay of Hannibal's Crossing of the Alps?" International Journal of Legal Information 34, no. 2 (2006): 419–39. http://dx.doi.org/10.1017/s0731126500001542.

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In 218 BC, the Carthaginian general Hannibal (247-182) achieved a most extraordinary feat: he crossed both the Pyrenees Mountains and the Alps with an army of about 38.000 soldiers, 8.000 Cavalry and 37 elephants, aiming to win the Second Punic War by a bold invasion of Italy before the Romans were prepared. Even if his attempts to defeat the Roman legions failed in the end, common lore stills tells the story of the elephants crossing the Col du Mont Genevre in deep snow, setting thus an example of a near impossible achievement for generations to come.

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Giaro, Tomasz. "Medieval Canon Lawyers and European Legal Tradition. A Brief Overview." Review of European and Comparative Law 47, no. 4 (2021): 157–87. http://dx.doi.org/10.31743/recl.12727.

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The Roman Church was a leading public institution of the Middle Ages and its law, canon law, belonged to most powerful factors of European legal history. Today’s lawyers have hardly any awareness of the canonist origins of several current legal institutions. Together with Roman law, canon law constituted the system of “both laws” (utrumque ius) which were the only laws acknowledged as “learned” and, consequently, taught at medieval universities. The dualism of secular (imperium) and spiritual power (sacerdotium), symbolized by so-called two swords doctrine, conferred to the Western legal tradi

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Wiaderna-Kuśnierz, Renata. "On crimes against the state in ancient Rome in the publications of Wacław Osuchowski." Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius) 71, no. 3 (2024): 153–64. https://doi.org/10.17951/g.2024.71.3.153-164.

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The achievements of Wacław Osuchowski, professor of Roman law at the Jan Kazimierz University in Lwów, the Catholic University of Lublin, the University of Wrocław, but first of all the Jagiellonian University in Krakow, cover almost all areas of Roman law: public and private, trial and criminal law. His monographs on obligatory law constitute a particularly valuable contribution both to the Polish and global field of Roman law studies. The subject of this article, however, is to analyze his less known achievements in the field of Roman criminal law, to be more precise, the subject of crimes a

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de Wilde, Marc. "Fides publica in Ancient Rome and its reception by Grotius and Locke." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 79, no. 3-4 (2011): 455–87. http://dx.doi.org/10.1163/157181911x596394.

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AbstractThe article analyzes the Roman notion of des publica and its reception by Grotius and Locke. The Romans considered des publica a general standard of behavior for all those invested with state power. It was regarded as a legal norm with moral connotations, which applied especially, though not exclusively, to exceptional situations, such as wars. Grotius appears to have been the first since Antiquity to rediscover the notion of des publica as a fundamental norm of public law; for him, it became especially valuable as a criterion for determining the legality of civil war and resistance. T

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Willems, Constantin. "„Urbanes” Mietrecht? Der römische Wohnungsmarkt zwischen Preismechanismus und Intervention." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung 136, no. 1 (2019): 233–70. http://dx.doi.org/10.1515/zrgr-2019-0009.

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Abstract 'Urban' tenancy law? The Roman rental market between price mechanism and intervention. Renting a flat in Roman times did not come cheap. The Roman jurists left the determination of the merces up to the parties to the locatio conductio and permitted them to circumvent each other in the course of the contract negotiations (se invicem circumscribere) – a rule that at first glance seems to privilege the landlord. In this paper, it is suggested that the system of sub-rent of insulae and the standardized Roman rental year, starting each year at the calends of July, contributed to a reductio

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Tarwacka, Anna. "STATUS PIRATÓW W ŚWIETLE RZYMSKIEGO PRAWA PUBLICZNEGO I IUS GENTIUM." Zeszyty Prawnicze 5, no. 2 (2017): 87. http://dx.doi.org/10.21697/zp.2005.5.2.04.

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The Status of the Pirates in the Light of the Roman Public Law and ius gentiumSummaryThe Roman law of war was extremely strict and formal. To declare a war (bellum iustum) it was necessary to perform a certain ceremony traditionally conducted by the fetiales.According to Cicero, a campaign against the pirates was not considered bellum iustum due to the fact that they could not be called hostes legitimi. The reason for such opinion was that their community could not be defined as a state. Cicero claims that the pirates were enemies of all mankind (communis hostis omnium). The jurists of the cla

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Ben-Nun, Gilad. "Jewish Law, Roman Law, and the Accordance of Hospitality to Refugees and Climate-Change Migrants." Migration and Society 4, no. 1 (2021): 124–36. http://dx.doi.org/10.3167/arms.2021.040112.

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This article examines Jewish law’s approach to forced migration. It explains the difference under Jewish law between forced migration brought about by disasters and the state of being a refugee—which is directly associated with war and armed conflict. It continues by demonstrating how these distinctions influenced the religious Jewish authors of the 1951 Refugee Convention. It concludes with the fundamental distinction between Jewish law and Roman law, concerning the latter’s application of a strong differentiation between citizens and migrant foreigners, which under Jewish law was entirely pr

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Johnson, James Turner. "A Practically Informed Morality of War: Just War, International Law, and a Changing World Order." Ethics & International Affairs 31, no. 4 (2017): 453–65. http://dx.doi.org/10.1017/s0892679417000442.

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AbstractJust war, international law, and world order are all historically conditioned realities that interrelate with one another in complex ways. This paper explores their historical development and current status while critically examining their interrelationship. It begins with exploring just war as a basic frame for analysis and interconnection with the other two realities. Just war is not an abstract body of moral thought but instead a practically informed morality of war rooted in Christian thought and law, Roman law, and the practice of statecraft. The essay notes the importance of the

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Shaffer, Thomas L. "Roman Catholic Lawyers in the United States of America." Journal of Law and Religion 21, no. 2 (2006): 305–13. http://dx.doi.org/10.1017/s0748081400005634.

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My agenda here is Roman Catholics in the American legal profession, from George Higgins's Jerry Kennedy to Judge Samuel Alito's joining the four other Catholics to make a majority on the federal Supreme Court. (I thought, as I said this in Washington, just before the Senate confirmation hearings in January 2006, that some in attendance may not have thought about this, and may have wanted to leap to their feet and phone their senators.)Begin with ethnographic narrowing: When I talk about Catholic lawyers in the U.S., I mean to talk about descendants of the late immigrants—that is, people whose

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HODGSON, GEOFFREY M. "Editorial introduction to ‘Ownership’ by A. M. Honoré (1961)." Journal of Institutional Economics 9, no. 2 (2012): 223–55. http://dx.doi.org/10.1017/s174413741200032x.

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Antony (Tony) M. Honoré was born in London in 1921 but was brought up in South Africa. He served in the British Army during the Second World War and was severely wounded in the Battle of El Alamein in 1942. After the war, he continued his studies at New College, Oxford, and he has lived and taught in Oxford for well over half a century, holding fellowships at several Oxford colleges. From 1971 to 1988, he was Regius Professor of Civil Law and a Fellow of All Souls College in Oxford. He is internationally known for his work on ownership, legal causation, and Roman law.

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Ciesielski, Mariusz. "Zdzisław Zmigryder Konopka – ancient militaty historian, classical philologist, historian of roman law and teacher." Studia Europaea Gnesnensia 24, no. 24 (2022): 153–64. http://dx.doi.org/10.14746/seg.2022.24.8.

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Zdzisław Zmigryder-Konopka, Warsaw philologist, historian of the antique military, Roman law and teacher, engaged with antiquity in many ways during his scholarly and teaching career. Above all, however, he was trained as a philologist and for a certain period (when not employed at the university) he was even a teacher of Latin and Greek in secondary schools, where he enjoyed recognition among pupils and students. In his research work – interrupted by his untimely passing – he focused on Roman history, but his studies spanned a broad chronological timeframe and diverse range of topics, namely

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Parks, W. Hays. "The Protocol on Incendiary Weapons." International Review of the Red Cross 30, no. 279 (1990): 535–50. http://dx.doi.org/10.1017/s0020860400200089.

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From the time that man discovered fire and devised ways to use it as a tool for survival and advancement, it also has been employed as a weapon for destruction. Sun Tsu's The Art of War (500 B.C.) refers to incendiary arrows, while Thucydides’ The Peloponnesian War describes a flame weapon used by the Spartans in 42 B.C. Edward Gibbon, in The Decline and Fall of the Roman Empire, ascribes Roman success at Constantinople (1453 A.D.) to “Greek fire,” ignited naptha mixed with pitch and resin and spread upon the surface of the water. Great Britain employed Greek fire almost five centuries later a

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Vandenberghe, Marijn J. "Villains Called Sicarii: A Commonplace for Rhetorical Vituperation in the Texts of Flavius Josephus." Journal for the Study of Judaism 47, no. 4-5 (2016): 475–507. http://dx.doi.org/10.1163/15700631-12340462.

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Examining the presentation of sicarii in Flavius Josephus’s Judean War from a rhetorical perspective, this article argues that each reference to sicarii alludes to the clauses of a Roman law concerning sicarii, which Josephus has used as a commonplace for rhetorical vituperation against particular groups. Three literary-rhetorical tendencies of War are highlighted to show how this vituperation, as well as the connection between War’s sicarii and the so called Fourth Philosophy, is part of a general rhetorical strategy to shift the blame for the outbreak of the violent conflict to one particula

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Marzec, Łukasz. "ARTUR DUCK, DE USU ET AUTHORITATE JURIS CIVILIS ROMANORUM - PODRZĘDNA ROZPRAWA CZY DZIEŁO ŚWIATOWEJ ROMANISTYKI?" Zeszyty Prawnicze 6, no. 1 (2017): 145. http://dx.doi.org/10.21697/zp.2006.6.1.09.

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Artur Duck, De Usu et Authoritate Juris Civilis Romanorum - Mediocre or Brilliant Work?SummaryDe Usu et Authoritate Juris Civilis Romanorum in Dominiis Principum Christianorum, the work by Artur Duck was published in London in 1653. Duck, one o f the leading civil lawyers, a royalist, high commissioner, Master in Chancery, King’s Advocate and a chancellor of three dioceses wrote his book in exile in Oxford during the English Civil War. In his work he analysed the position and influence o f Roman Law in fourteen countries of 17th-century Europe. Apart from England, Scotland and Ireland, he rese

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Prakke, Lucas. "On the rise and Decline of the Monarchical Principle: Constitutional Vicissitudes in Spain and Germany." European Constitutional Law Review 6, no. 2 (2010): 268–92. http://dx.doi.org/10.1017/s1574019610200068.

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Nation-state formation – Holy Roman Empire – Dissolution and realignment – Spain, fragmented – Reconquista – Charles V – Wars of succession – Centralisation under house of Bourbon – Napoleon – Spanish war of independence – History of the Cortes – Constitution of Cádiz – Weakness of Spanish Constitutionalism – German Confederation – Monarchical principle in Vienna Final Act – Old and new ideas of sovereignty – Metternich and fear of revolution – March revolution – Bismarckian empire as constitutional monarchy – Degeneration of the Reich – Exit the Kings – Enter Juan Carlos

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Hoof, Vincent van. "V. The priority of acquisition secured creditors in classical Roman law." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung 139, no. 1 (2022): 192–213. http://dx.doi.org/10.1515/zrgr-2022-0005.

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Zusammenfassung Der Vorrang der Pfandgläubiger wegen der Finanzierung des Erwerbs einer Sache im klassischen römischen Recht. Es fehlt an Quellenbelegen zur (privilegierten) Position eines Pfandgläubigers, der den Erwerb einer Sache finanzierte. Eine umfassende Regelung zur Erlangung und Vollstreckung dieser Sicherheit gibt es nicht. Dernburg meinte daher, dass ein Zufallselement daran beteiligt gewesen sei, ob der Geldgeber ein privilegiertes Pfandrecht hatte oder nicht. In diesem Artikel wird untersucht, unter welchen Umständen der finanzierende Pfandgläubiger Vorrang vor früheren Pfandgläub

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Farnell, James E. "Nusquama and Natural Law." Moreana 39 (Number 151-, no. 3-4 (2002): 85–114. http://dx.doi.org/10.3366/more.2002.39.3-4.8.

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In the context of More’s qualifications for entering into the royal circle through ambassadorial service, the relation of Nusquama presented a society governed both internally and externally by the universal rules of natural law as conceived by jurists. His primary authority would seem to have been Gratian’s Decretum. Natural law was supplemented internally by Roman civil law and Utopus’ legislation, externally by jus gentium and expediency in the conduct of war. More thus demonstrated his mastery of these subjects. The hierarchy of natural and conventional laws is analyzed in terms of their o

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MUÑOZ CATALÁN, ELISA. "EHEA, competences and learning of Roman Law through the case method (II): prisoner of war." Revista Jurídica de Investigación e Innovación Educativa (REJIE Nueva Época), no. 7 (January 1, 2013): 63–74. http://dx.doi.org/10.24310/rejie.2013.v0i7.7763.

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With the accomplishment of the writing, wich representing a continuation of the previous, we pretend to investigate what the current importance of applying the case method in the teaching of Roman Law, against the traditional theoretical and magistral classes. Influencing, especially, in the reach of the methodological requirements emerged with the new plans of study Law Degree under the EHEA; as well, in the development of a set of general and specific skills in students, that will be very helpful once time they finish the Degree and face the difficulties of today's labor market, because they

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Marzec, Łukasz. "ARTUR DUCK, DE USU ET AUTHORITATE IURIS CIVILIS ROMANORUM IN REGNO GALLIARUM. PRZEGLĄD BAZY BIBLIOGRAFICZNEJ." Zeszyty Prawnicze 8, no. 1 (2017): 141. http://dx.doi.org/10.21697/zp.2008.8.1.06.

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Artur Duck, De Usu et Authoritate Iuris Civilis Romanorum in Regno Galliarum. The Overview of the BibliographySummaryDe Usu et Authoritate Juris Civilis Romanorum in Dominiis Principum Christianorum, the work by Artur Duck was published in London in 1653. Duck, one of the leading civil lawyers, a royalist, high commissioner, Master in Chancery, King’s Advocate and a chancellor of three dioceses wrote his book in exile in Oxford during the English Civil War. In his work he analysed the position and influence of the Roman Law in fourteen countries of 17th-century Europe. The chapter concerning t

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Kindleberger, Charles P. "The Economic Crisis of 1619 to 1623." Journal of Economic History 51, no. 1 (1991): 149–75. http://dx.doi.org/10.1017/s0022050700038407.

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Various states in the Holy Roman Empire prepared for the Thirty Years' War by creating new mints and debasing the subsidiary coinage. The process spread through Gresham's Law: bad money was taken by debasing states to their neighbors and exchanged for good. The neighbor typically defended itself by debasing its own coin. The resulting hyperinflation was terminated early in the war by an agreement to return to the Imperial Augsburg Ordinance of 1559. TheKipper- und Wipperzeit, as the period is called, illuminates the geographic spread of financial crises, German hypennflations of this century,

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Christianson, Paul. "Arguments on billeting and martial law in the parliament of 1628." Historical Journal 37, no. 3 (1994): 539–67. http://dx.doi.org/10.1017/s0018246x00014874.

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ABSTRACTDebates over billeting and martial law arose in the parliament of 1628 in conjunction with such other grievances as the forced loan and discretionary imprisonment employed by royal servants from 1626 onward to keep alive the war effort against the monarchs of Spain and France. Both houses dealt with billeting rather quickly, the Lords by resolving a dispute among magistrates and military officers in Banbury, Oxfordshire, and the Commons by hearing general and particular complaints from civilians, expelling a member who signed an order for billeting, and petitioning the king. Attacks up

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van Baarda, Th A. "MORAL AMBIGUITIES UNDERLYING THE LAWS OF ARMED CONFLICT: A PERSPECTIVE FROM MILITARY ETHICS." Yearbook of International Humanitarian Law 11 (December 2008): 3–49. http://dx.doi.org/10.1017/s1389135908000032.

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AbstractThe law of armed conflict suffers from an internal ambiguity. The Declaration of St Petersburg (1868) made the ambiguity explicit when it stated that ‘the necessities of war ought to yield to the requirements of humanity’. The Lieber Code (1863) was less explicit, though it suffered from the same ambiguity. The Code received a lengthy critique from the Confederate Secretary of War who stated bluntly: ‘A military commander under this code may pursue a line of conduct in accordance with the principles of justice, faith and honour, or he may justify conduct correspondent with warfare of t

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Zyrianov, Aleksey. "ON THE ISSUE OF THE «RIGHT OF WAR»." Bulletin of the South Ural State University series "Law" 23, no. 2 (2023): 101–5. http://dx.doi.org/10.14529/law230215.

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This article is devoted to a theoretical analysis of the current, today, the problem of international relations based on the rules of law, experiencing significant dysfunction. The armed confrontation of countries, as the most radical way to remove contradictions, in fact, has its own economic, geopolitical and cultural foundations, objectively inherent in the historical development of human civilization. It is important to study the factors leading to the state of war in order to determine the patterns of its onset - the hypothesis of the norm of the "right of war", its state legitimation. Th

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Orga-Dumitriu, Gina. "Legal Education - History, Methods and Paradigms: the Contribution of Antiquity." Revista Romaneasca pentru Educatie Multidimensionala 17, no. 2 (2025): 762–82. https://doi.org/10.18662/rrem/17.2/1004.

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For today’s law students, who pursue their studies under conditions where their intellectual potential is partially delegated to ever-present automated systems, shedding light on the methods of legal education practiced throughout history reveals itself to be more than just an exercise in legal culture.Understanding the ways in which legal science was taught across different historical periods -times troubled by war and migration, marked by stark social inequalities and personal restrictions, and lacking the accessibility to information and material comfort that characterizes the present - can

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Zubanskiy, M. K. "The concept and composition of war crimes in the context of international criminal law." Actual problems of improving of current legislation of Ukraine, no. 58 (February 28, 2022): 47–56. http://dx.doi.org/10.15330/apiclu.58.47-56.

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The article conducts a comprehensive study of the legal category of «War Crimes» in the context of the provisions of international criminal law and international regulations. To date, the concept of war crime has not received clear legal regulation in the provisions of international law, but has become widespread and applied in practice a list of acts that are recognized as war crimes under the Rome Statute of the International Criminal Court and the Geneva Convention.A full analysis of the category of «war crime» is impossible without studying the legal features of war crimes based on the pro

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Belyaev, M. P. "PEACE OF WESTPHALIA AND THE FORMATION OF INTERNATIONAL ECO- NOMIC LAW." Vestnik of the Russian University of Cooperation, no. 3(45) (October 10, 2021): 82–85. http://dx.doi.org/10.52623/2227-4383-3-45-14.

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The article examines the influence of the Peace of Westphalia on the formation of international economic law. The author examines the economic situation in which the Holy Roman Empire found itself as a result of the Thirty Years' War. New customs and road taxes were introduced and old customs tariffs were raised. All continental trade was paralyzed. The decisions of the Westphalian Congress were based on the concept of freedom of trade. All customs duties, taxes and other restrictions that were arbitrarily introduced without the consent of the emperor and the electors were abolished. Even befo

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DING, Xiangrong, and Qian HU. "Legacies of ancient Rome and their impacts on Western civilization: a dialectic perspective." Region - Educational Research and Reviews 6, no. 9 (2024): 40. https://doi.org/10.32629/rerr.v6i9.2748.

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Ancient Rome, the once glorious empire, left behind a rich legacy like a bright star, illuminating the development of Western civilization. On the positive side, the legal legacy of ancient Rome is far-reaching. The Roman legal system was complete and logical, which laid a solid foundation for the development of the later legal system. Its emphasis on the principles of fairness and justice, as well as the protection of private property, has become an important cornerstone of modern law. In terms of political system, the republic and monarchy of ancient Rome provided an important reference for

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Apalkova, Inna, Vladimira Dobrovolska, Yuliia Pavlova, Svitlana Yakymchuk, and Volodymyr Yarmaki. "Force majeure as grounds for exemption from liability: International approach and Ukrainian experience in terms of the military conflict." Cuestiones Políticas 41, no. 79 (2023): 433–52. http://dx.doi.org/10.46398/cuestpol.4179.29.

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The article is devoted to the study of the category of "force majeure" and the characteristics of the exemption from liability in circumstances of force majeure. In addition, the definition of force majeure in international normative acts is studied, the categories of force majeure, irresistible force and state of emergency are compared. The regime of grounds for exemption from liability and the place of force majeure in it are considered. The peculiarities of changing and terminating the contract as a result of a significant change in circumstances in case of force majeure in accordance with

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Skřejpek, Michal. "Ius privatum – ius publicum, vzájemné vztahy." AUC IURIDICA 38, no. 2 (2020): 35–164. https://doi.org/10.14712/23366478.2025.383.

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Roman law is one of the greatest legal systems that have ever existed. The continuous uninterrupted development of Roman law for the long period of a thousand years from early custom to the Justinian codification, as well as certain specifics in its creation (e.g. the activities of the praetors in the sphere of private law and the customary basis of the public law), make it a very good object of study of the relation between ius privatum and ius publicum. Naturally, various similarities and rules for making and applying legal norms and even the existence of directly identical analogies between

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Brösch, Marco. "Nicholas of Cusa’s Idea of a “Just War”." Religious Studies and Theology 42, no. 1-2 (2024): 205–18. http://dx.doi.org/10.1558/rst.27305.

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Although Nicholas of Cusa (1401–1464) does not explicitly speak about “just war” in his writings, the third book of his most important political work, The Catholic Concordance (De Concordantia Catholica), contains several text passages on feuds that reveal his idea of a “just war.” As a doctor of canon law, Cusanus rejected all kinds of feuds which often led to private wars among nobles. He saw the rampant feuds as a major reason for the decline and destabilization of the Holy Roman Empire. His idea of a “just war” is influenced primarily by many canonistic and moral-theological writings, espe

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Gómez Biamón, José Rafael. "The Ladins and their history of legal resilience." Italian Review of Legal History, no. 7 (December 22, 2021): 295–322. http://dx.doi.org/10.54103/2464-8914/16891.

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The Ladins of Trentino-Alto Adige/Südtirol are an ethnic minority with an ancient history, located in the Dolomites Mountains, a place associated with extreme beauty and rugged land. Under the Italian Constitution, Ladins have acquired several legal rights connected with their language and history.Ladins have a history dating to the Roman Empire. Located in a strategic place, with Alpine valleys and mountain paths that connect the Italian Peninsula with Central Europe, several Germanic tribes after the end of the Roman Empire invaded and established themselves in the zone, enforcing their cust

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Hale, F. "A Catholic voice against British imperialism: F C Kolbe's opposition to the Second Anglo-Boer War." Religion and Theology 4, no. 1-3 (1997): 94–108. http://dx.doi.org/10.1163/157430197x00076.

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AbstractMany aspects of the remarkable career of the intellectually inclined Roman Catholic priest FC Kolbe of Cape Town have been documented, but little has been published about his opposition to British imperialism during the Second Anglo-Boer War. Particularly in his capacity as the founding editor of the South African Catholic Magazine he sought to influence popular opinion both before and after the eruption of hostilities in October 1899. The present article focuses on the expression of his position in that journal and compares Kolbe's stance with those taken by the editors of certain oth

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Whitman, James Q. "Gastbeitrag: A Letter from America." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung 132, no. 1 (2015): 441–62. http://dx.doi.org/10.7767/zrgga-2015-0114.

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This contribution describes the life and work of an American law professor who writes about European legal history. It is a sad truth that American interest in European scholarship has been in steady decline for some decades. The author remains a believer in the fundamental importance of European legal history despite that; the contribution describes his quarter century of research in the United States, and his efforts, not always successful, to convince his colleagues that Europe matters. After beginning his career working on the German history of Roman law, the author was drawn into topics t

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Sáry, Pál. "Az uralkodói hatalom korlátai az ókeresztény szerzők műveiben." DÍKÉ 9, no. 2 (2025): 169–85. https://doi.org/10.15170/dike.2025.09.02.11.

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Christians have never considered the power of the ruler to be unlimited. According to Christian views formulated in antiquity, the emperor was obliged to observe revealed divine laws, the rules of natural law, the positive laws of the state, and the rules of canon law. According to the Christian view, which coincides with the Jewish position, the ruler could not claim to be worshipped as a god by his subjects. Christians also adopted the doctrines of natural law from Greco-Roman philosophy, according to which the ruler was obliged to judge fairly and make just laws. Apologists (especially Tert

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Wilczyński, Marek. "Droga na szczyt i droga w otchłań – kilka uwag o karierze Flawiusza Stilichona." Vox Patrum 69 (December 16, 2018): 681–705. http://dx.doi.org/10.31743/vp.3281.

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The most important factors responsible for development of an impressive career of Flavius Stilicho were: his family ties with Theodosians’ dynasty, the way he reorganized the Roman army, military victories, how he drummed up senate’s support for his political aims and the balanced policy of using and stopping the barbarian tribes. Protecting emperor Honorius, cooperating simultaneously with pagan and Christian fractions in the senate, achieving military success and defending borders of the Roman Empire against barbarians raids, Stilicho de facto was reigning the state in the name of his son-

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Jońca, Maciej. "„PRZYJAZNY CUDZOZIEMIEC”. UCIECZKA I DŁUGA DROGA ADOLFA BERGERA DO STANÓW ZJEDNOCZONYCH (1938-1942)." Zeszyty Prawnicze 11, no. 1 (2016): 117. http://dx.doi.org/10.21697/zp.2011.11.1.07.

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„A FRIENDLY ALIEN”. ADOLF BERGER’S ESCAPE AND A LONG WAY TO THE UNITED STATES (1938-1942)Summary Adolf Berger (1882-1962) belongs to the group of the most illustrious world romanists. Among his many eminent works one must not forget to quote the monumental “Encyclopedic Dictionary of Roman Law”. Berger was born in Lwów in a Jewish family. During his whole life he felt strong connections with Poland. This attitude found its most significant expression after the World War I. Despite his perfect knowledge of German and rich contacts in German speaking countries, Berger offered his services to the

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Bulat, Ievgeniia, and Roman Pichko. "Law as a universal form of embodiment of the idea of justice." Kwartalnik Prawa Międzynarodowego III, no. III (2022): 6–25. http://dx.doi.org/10.5604/01.3001.0016.1820.

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The article examines the issue of the primary formulation of the idea of justice in philosophy. It is substantiated that justice is not just the central idea of law but a universal form of embodiment of the idea of justice. In other words, the law is a product of the idea of justice, since injustice could not be embodied in law. Modern geopolitical events, in particular, such as climate change, a pandemic, a war in Ukraine will lead in the future to a change in the regulation of public relations. According to this law, as the most effective regulator, will be subjected to serious pressure. The

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Czech-Jezierska, Bożena. "Two Polish Romanists’ Voices on the Subject of Law in Times of War." Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius) 70, no. 3 (2023): 135–48. http://dx.doi.org/10.17951/g.2023.70.3.135-148.

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Roman law scholars seldom leave the subject of their field of interest for contemporary law research studies, especially not for criminal law. Exceptional were views on law in times of World War II expressed by two famous Polish Romanists. The first of them was Rafał Taubenschlag – a famous Polish Romanist and papyrologist who lived in New York over the period 1940–1947. He published there in 1945 a paper Plea of Superior Order. Taubenschlag in his paper argued that the members of the German army could by no means plead obedience to superior orders as justification for their participation in t

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Oikya, Upal Aditya. "Wartime Sexual Acts as Prosecutable War Crimes." DÍKÉ 2020, no. 2 (2021): 108–23. http://dx.doi.org/10.15170/dike.2020.04.02.08.

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Human history is littered with the mass rape of women particularly as a military strategy in warfare, dating back centuries from ancient Greek, Roman, and Hebrew concubines through the Middle Ages to the 20th century ‘comfort women’ of the 2nd World War. Ancient literature explicitly refers to rape or the seizure of vanquished women, who were regarded as the enemy’s property, to become wives, servants slaves, or concubines. The plight of women worsened in the twentieth century when civilian women suffered the most consequences of armed conflicts including rape. Rape served as an oppressive and

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Milton, Patrick. "The Mutual Guarantee of the Peace of Westphalia in the Law of Nations and Its Impact on European Diplomacy." Journal of the History of International Law / Revue d’histoire du droit international 22, no. 1 (2020): 101–25. http://dx.doi.org/10.1163/15718050-12340132.

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Abstract This paper seeks to investigate how the mutual guarantee clauses of the treaties of Westphalia, which ended the Thirty Years War in 1648, affected European diplomacy until the late eighteenth century. It will first analyse the reception and impact of the guarantee of the Peace of Westphalia in the European Law of Nations and in subsequent treaty law. Secondly, it will assess the practical impact of this feature of the Law of Nations on European diplomacy, and how this influence changed over time. This will also include an analysis of how diplomacy and shifting power-political currents

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