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| Author | : Coleman Phillipson |
| Publisher | : |
| Total Pages | : 450 |
| Release | : 1911 |
| Genre | : Customary law (Roman law) |
| ISBN | : |
| Author | : Aaron X. Fellmeth |
| Publisher | : Oxford University Press |
| Total Pages | : 345 |
| Release | : 2021 |
| Genre | : Law |
| ISBN | : 0197583105 |
"Maurice and I created this guidebook to assist international lawyers and law students seeking to master, or at least to decipher, the Latin recurrently injected into our profession's already arcane argot. It may seem strange that a reference book-sized niche remains in the twenty-first century given the profusion of legal reference works, but the fact remains that recognizing the need for a guidebook like this one is a little uncomfortable. The use of Latin in international legal writing is supposed to appear natural, if not inevitable. We typically pepper our writings with Latin as if the dead language were cayenne in a jambalaya-the more the better. Yet, at some level we are all aware that we often obscure rather than clarify our meaning when we use it instead of plain English. And when we get the Latin right, which we frequently do, and pronounce the words without butchering them beyond all hope of recognition, which we occasionally do, the practice nonetheless tends to baffle law students and even experienced international lawyers unschooled in the vernacular of Cicero. Aspiring international lawyers may wonder about the ubiquity of Latin in international legal discourse in the first place. It may seem that the esoterism of such a prevalent practice can only be intentional. The official explanation is that much early international law was developed by the Roman Empire, and the much admired Roman civil law has found its way by analogy into public international law wherever a lacuna or ambiguity in the principles of international law arose.1 When combined with the fact that Latin was the scholarly lingua franca of most of Europe during international law's early development, international lawyers have inherited an even better-stocked arsenal of Latin phrases and terms than other lawyers"--
| Author | : Andreas Oberprantacher |
| Publisher | : Routledge |
| Total Pages | : 469 |
| Release | : 2016-04-08 |
| Genre | : Political Science |
| ISBN | : 1317077016 |
Outstanding and thought-provoking, this book provides up-to-date and in-depth analyses of current developments in international politics. It highlights the (unilateral) use of force in international relations and its implication for international law, the chances and risks of international criminal justice, and the question of epistemic violence with regard to dominant discourses in the theory of international relations, such as nation-building and intercultural dialogue. Furthermore, the book focuses on conditions for global social and ecological justice in international economics against the background of financial crisis. It contributes in particular to a better understanding of the relation between power and justice in view of current global tensions while reflecting the work of the internationally acclaimed philosopher Hans Köchler.
| Author | : Aaron X. Fellmeth |
| Publisher | : Oxford University Press |
| Total Pages | : 328 |
| Release | : 2009-08-19 |
| Genre | : Law |
| ISBN | : 0199708894 |
As knowledge of Latin continues to diminish, the constant use of this language in cases, textbooks, treaties and scholarly works baffles law students, practitioners, and scholars alike. Most of the Latin terms commonly used by international lawyers are not included in some of the more popular law dictionaries. Terms and phrases included in modern dictionaries usually offer nothing more than a literal translation without sufficient explanation or context provided. Guide to Latin in International Law provides a comprehensive approach and includes both literal translations and definitions with several useful innovations. Included is not only the modern English pronunciation but also the classical or "restored" pronunciation. Its etymology is more complete than the leading law dictionary on the market, and the definition for each term includes examples used in context whenever helpful. Each entry is also cross-referenced to related terms for ease of use. The editors make clear that the understanding of Latin is a critical skill for practitioners who hope to acquire and understand sources of law and each other.
| Author | : Aldo Schiavone |
| Publisher | : Routledge |
| Total Pages | : 318 |
| Release | : 2021-10-11 |
| Genre | : History |
| ISBN | : 1000469778 |
This book provides a new approach to the study of the History of Roman Law. It collects the first results of the European Research Council Project, Scriptores iuris Romani - dedicated to a new collection of the texts of Roman jurisprudence, highlighting important methodological issues, together with innovative reconstructions of the profiles of some ancient jurists and works. Jurists were great protagonists of the history of Rome, both as producers and interpreters of law, since the Republican Age and as collaborators of the principes during the Empire. Nevertheless, their role has been underestimated by modern historians and legal experts for reasons connected to the developments of Modern Law in England and in Continental Europe. This book aims to address this imbalance. It presents an advanced paradigm in considering the most important aspects of Roman law: the Justinian Digesta, and other juridical late antique anthologies. The work offers an historiographic model which overturns current perspectives and makes way for a different path for legal and historical studies. Unlike existing literature, the focus is not on the Justinian Codification, but on the individualities of ancient Roman Jurists. As such, it presents the actual legal thought of its experts and authors: the ancient iuris prudentes. The book will be of interest to researchers and academics in Classics, Ancient History, History of Law, and contemporary legal studies.
| Author | : Armin von Bogdandy |
| Publisher | : OUP Oxford |
| Total Pages | : 305 |
| Release | : 2014-07-25 |
| Genre | : Law |
| ISBN | : 0191026948 |
The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.
| Author | : Vladimir Ibler |
| Publisher | : Springer |
| Total Pages | : 378 |
| Release | : 2012-12-06 |
| Genre | : Law |
| ISBN | : 9401556024 |
| Author | : Noé Bustamante Bustamante |
| Publisher | : Palibrio |
| Total Pages | : 605 |
| Release | : 2012-11 |
| Genre | : History |
| ISBN | : 1463341830 |
El presente manuscrito es una compilación de diversas Locuciones Latinas en Materia Jurídica. No es una guía de Derecho. Tampoco una exposición doctrinaria de las locuciones plasmadas, sólo se busca mostrar sencillamente, algunas locuciones y vocablos visualizados en diversos textos, cuyos autores se exponen en la bibliografía, haciendo con mucho respeto hacia ellos. De inicio se muestra un capítulo de "introducción", con lo que se busca explicar la importancia del contenido, se detalla una "breve historia romana" alusiva a los "orígenes de la península italiana", los "pueblos que conformaron la península itálica", sobre todo los pueblos que se establecieron en la región del Lazio, (centro-sur de Italia), los etruscos, (norte-centro de Italia) y los colonizadores griegos que se establecieron en el sur de Italia, todos ellos contribuyeron al crecimiento de Roma a partir de su fundación en el siglo VIII a.C. La obra de "Rómulo y Remo", "La Monarquía", "La República, "El Imperio" (sus emperadores y su ocaso); cómo surge el "Derecho Romano", y "el uso del latín en el derecho". Con la explicación breve en cada una de las locuciones y vocablos, (de las de mayor importancia), se busca explicar el sentido de las mismas, es decir, lo que pensaron y quisieron decirnos los antiguos jurisconsultos romanos. De manera general, se muestra brevemente la historia romana, la conformación del Derecho y las locuciones con una breve explicación.
| Author | : Peter Robson |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 359 |
| Release | : 2022-10-27 |
| Genre | : Law |
| ISBN | : 1683933559 |
This unique collection explores the complex issue of vigilantism, how it is represented in popular culture, and what is its impact on behavior and the implications for the rule of law. The book is a transnational investigation across a range of eleven different jurisdictions, including accounts of the Anglophone world (Australia, Britain, Canada, and the United States), European experiences (Germany, Greece, Italy, Poland, and Portugal), and South American jurisdictions (Argentina and Brazil). The essays, written by prominent international scholars in law, sociology, criminology, and media studies, present data, historical and recent examples of vigilantism; examine the national Laws and jurisprudence; and focus on the broad theme of vigilante justice in popular culture (literature, films, television). Vigilante Justice in Society and Popular Culture sheds light on this topic offering a detailed look beyond the Anglophone world. This collection will enrich the debate by adding the opportunity for comparison which has been largely lacking in scholarly debate. As such, it will appeal not only to scholars of law, sociology, criminology, and media studies, but also to all those who are engaged with these topics alike.
| Author | : Aldo Schiavone |
| Publisher | : Harvard University Press |
| Total Pages | : 377 |
| Release | : 2022-07-05 |
| Genre | : Political Science |
| ISBN | : 0674275713 |
One of the world’s foremost historians of Western political and legal thought proposes a bold new model for thinking about equality at a time when its absence threatens democracies everywhere. How much equality does democracy need to survive? Political thinkers have wrestled with that question for millennia. Aristotle argued that some are born to command and others to obey. Antiphon believed that men, at least, were born equal. Later the Romans upended the debate by asking whether citizens were equals not in ruling but in standing before the law. Aldo Schiavone guides us through these and other historical thickets, from the first democracy to the present day, seeking solutions to the enduring tension between democracy and inequality. Turning from Antiquity to the modern world, Schiavone shows how the American and the French revolutions attempted to settle old debates, introducing a new way of thinking about equality. Both the French revolutionaries and the American colonists sought democracy and equality together, but the European tradition (British Labour, Russian and Eastern European Marxists, and Northern European social democrats) saw formal equality—equality before the law—as a means of obtaining economic equality. The American model, in contrast, adopted formal equality while setting aside the goal of economic equality. The Pursuit of Equality in the West argues that the United States and European models were compatible with industrial-age democracy, but neither suffices in the face of today’s technological revolution. Opposing both atomization and the obsolete myths of the collective, Schiavone thinks equality anew, proposing a model founded on neither individualism nor the erasure of the individual but rather on the universality of the impersonal human, which coexists with the sea of differences that makes each of us unique.
