Professor Bartolome de Albornoz of the University of Mexico writes against the enslavement and sale of Africans. Jan Rodriquez, a free sailor working for a Dutch fur trading company is assigned to live with and trade among the Native Americans on the island of Manhattan. Approximately 20 blacks from a Dutch slaver are purchased as indentured workers for the English settlement of Jamestown.
These are the first Africans in the English North American colonies. They quickly become the city's first municipal labor force, clearing land of timber, cutting lumber, cultivating crops, and constructing roads and fortifications. Dutch minister Everadus Bogardus summons a teacher from Holland to Manhattan Island to provide religious training to Dutch and African children. This is the first example of educational efforts in Colonial North America which are directed toward persons of African descent.
Massachusetts explicitly permits slavery of Indians, whites, and Negroes in its Body of Liberties. It is the first mainland British colony to legalize slavery. Virginia passes a fugitive slave law. Offenders helping runaway slaves are fined in pounds of tobacco. An enslaved person is to be branded with a large R after a second escape attempt. The New England Confederation reaches an agreement that makes the signature of a magistrate sufficient evidence to reenslave a suspected fugitive slave.
Merchant ships from Barbados arrive in Boston where they trade their cargoes of enslaved Africans for sugar and tobacco. The profitability of this exchange encourages the slave trade in New England. Dutch colonists transfer some of their landholdings in New Amsterdam to their former enslaved Africans as compensation for their support in battles with Native Americans.
A condition of the land transfer, however, is the guarantee of a specified amount of food from those lands to their former owners. Connecticut legalizes slavery. Rhode Island by this date has large plantations worked by enslaved Africans. After gaining freedom, former slaves, for example, are required to give fixed amounts of their crops to the company. After the English capture of the colony, greater restrictions are imposed on free blacks and enslaved people. Anthony Johnson, a free African American, imports several enslaved Africans and is given a grant of land on Virginia's Puwgoteague River Other free African Americans follow this pattern.
Massachusetts enacts a law requiring all African American and Native American servants to undergo military training so as to be able to help defend the colony. Rhode Island enacts first anti-slavery law in the British colonies. The law limits slavery to ten years. Enslaved African and Indian workers bulid wall across Manhattan Island to protect the Dutch colony from British invasion. The site of the wall is now Wall Street. Anthony Johnson successfully sues for the return of his slave John Casor, whom the court had earlier treated as an indentured servant.
Fearing the potential for slave uprisings, Massachusetts reverses its statute and prohibits blacks from arming or training as militia. New Hampshire, and New York soon follow. Virginia amends its fugitive slave law to include the fining of people who harbor runaway slaves. They are fined 30 pounds of tobacco for every night they provide shelter to a runaway slave. Virginia reverses the presumption of English law that the child follows the status of his father, and enacts a law that makes the free or enslaved status of children dependent on the status of the mother.
Black and white indentured servants plan a rebellion in Gloucester County, Virginia. Their plans are discovered and the leaders are executed. Maryland slave laws rules that all Africans arriving in the colony are presumed to be slaves. Free European American women who marry enslaved men lose their freedom. Children of European American women and enslaved men are enslaved. Other North American colonies develop similar laws. In South Carolina every new white settler is granted twenty acres for each black male slave and ten acres for each black female slave he or she brings into the colony.
A planned revolt of enslaved Africans and indentured servants is uncovered in Gloucester County, Virginia. In Virginia, the enslaved African's status is clearly differentiated from the indentured servant's when colonial laws decree that enslavement is for life and is transferred to the children through the mother. Black and slave become synonymous, and enslaved Africans are subject to harsher and more brutal control than other laborers.
Maryland enacts the first law in Colonial America banning marriage between white women and black men. England enacts strict laws regarding enslaved Africans in its colonies. An enslaved African is forbidden to leave the plantation without a pass, and never on Sunday.
An enslaved African may not possess weapons or signaling mechanisms such as horns or whistles. Punishment for an owner who kills an enslaved African is a pound fine. Virginia declares that baptism does not free a slave from bondage, thereby abandoning the Christian tradition of not enslaving other Christians. The Massachusetts legislature passes a law that enables its citizens to sell the children of enslaved Africans into bondage, thus separating them from their parents. The Virginia Assembly enact law that allows all non-Christians who arrive by ship to be enslaved. A Maryland law states that the conversion of enslaved African Americans to Christianity does not affect their status as enslaved people.
Virginia law now bans prosecution for the killing of a slave if the death comes during the course of his his or her apprehension. The Massachusetts legislature passes a law that forbids European Americans from engaging in any trade or commerce with an African American. Nathaniel Bacon leads an unsuccessful rebellion of whites and blacks against the English colonial government in Virginia. Virginia enacts a law that forbids all blacks from carrying arms and requires enslaved blacks to carry certificates at all times when leaving the slaveowner's plantation. Maryland laws mandate that children of European servant women and African men are free.
A new slave code in Virginia prohibits weapons for slaves, requires passes beyond the limits of the plantation and forbids self-defense by any African Americans against any European American. New York enacts its first slave codes. They restrict the freedom of movement and the ability to trade of all enslaved people in the colony. New York law forbids enslaved Africans and Native Americans from having meetings or carrying firearms. Quakers in Germantown, Pennsylvania denounce slavery in the first recorded formal protest in North America against the enslavement of Africans.
Virginia enacts a new law which punishes white men and women for marrying black or Indians. Children of such interracial liaisons become the property of the church for 30 years. The success of rice cultivation in South Carolina encourages the importation of larger numbers of enslaved laborers especially from Senegal and other rice producing regions of West Africa. Quaker religious leaders warn that members who own slaves may be expelled from the demonination.
The New York Assembly enacts a law which prohibits enslaved Africans from testifying against whites or gathering in groups larger than three on public streets. The Colonial Virginia Assembly defined as slaves all servants brought into the colony who were not Christians in their original countries as well as Indians sold to the colonists by other Native Americans. Africans in South Carolina outnumber Europeans, making it the first English colony with a black majority. Nine whites are killed and an unknown number of blacks die in the uprising.
Colonial authorities execute 21 slaves and six commit suicide. England secures the exclusive right to transport slaves to the Spanish colonies in America. New Orleans is founded by the French. By the city has more enslaved black men than free white men. South Carolina passes laws requiring enslaved people to wear clothing identifying them as slaves. Freed slaves are required to leave the colony within six months or risk reenslavement.
An indentured black servant petitions a Massachusetts Court and wins his freedom after the death of his master. A score of whites and more than twice as many black slaves are killed as the armed slaves try to flee to Florida. Nineteen white citizens of Darien, Georgia petition the colonial governor to continue the ban on the importation of Africans into the colony, calling African enslavement morally wrong.
Thirteen African American men are burned at the stake and another 17 black men, two white men and two white women are hanged. Seventy blacks and seven whites are permanently expelled from the city. South Carolina's colonial legislature enacts the most extensive slave restrictions in British North America. The laws ban the teaching of enslaved people to read and write, prohibits their assembling in groups or earning money for their activities. The law also permits slaveowners to kill rebellious slaves. A description of an Indian raid on Terry's hometown in Massachusetts, the poem will be passed down orally and published in Anthony Benezet persuades fellow Philadelphia Quakers to open the first free school for black children in the colonies.
This is believed to be the first autobiographical work written by an enslaved African living in British North America. This is believed to be the first volume of poetry written and published by an African American. It is the first book written by an African American woman published in the United States and only the second book in the nation's history authored by a woman to be published. A group of enslaved blacks petition the Massachusetts General Court legislature insisting they too have a natural right to their freedom. General George Washington reverses his earlier policy of rejecting the services of slaves and free blacks in the army.
Five thousand African-Americans serve during the Revolutionary War including two predominantly black units in Massachusetts, one in Connecticut, one in Rhode Island. This is the first abolitionist meeting in North America. In the organization becomes the Pennsylvania Abolition Society with Benjamin Franklin as its first president. On Nov. The American War of Independence. On July 8, Vermont becomes the first political jurisdiction in the United States to abolish slavery.
It is the first and only all-black military unit to fight on the Patriot side in the American Revolution. It is the first cultural organization established by blacks in North America. Pennsylvania adopts first gradual emancipation law. All children of enslaved people born after Nov. Paul Cuffee, a Boston merchant and shipowner, leads six other free blacks in petitioning the Massacusetts to end their taxation without representation. Approximately 5, African Americans served with Patriot forces. Three times that many served with the British although not all of them leave the new nation.
Congress rejects Thomas Jefferson's proposal to exclude slavery from all western territories after On July 13, Congress enacts the Northwest Ordinance, which establishes formal procedures for transforming territories into states. It provides for the eventual establishment of three to five states in the area north of the Ohio River, to be considered equal with the original The Ordinance includes a Bill of Rights that guarantees freedom of religion, the right to trial by jury, public education and a ban on slavery in the region.
The U. Constitution is drafted. It provides for the continuation of the slave trade for another 20 years and required states to aid slaveholders in the recovery of fugitive slaves. It also stipulates that a slave counts as three-fifths of a man for purposes of determining representation in the House of Representatives. Census of First Census of the U. Population : Total population, 3,,, Black Population: , It is the first book of science published by an African American.
Providing assistance to fugitive slaves is now a criminal offense. Bowdoin College is founded in Maine. It later becomes a center for Abolitionist activity; Gen. Oliver O. Earlier narratives were written by white authors as dictated by enslaved people. Census of , U. Population: 5,,, Black Population: 1,, On April 30, Louisiana is purchased from the French. The new territory nearly doubles the size of the United States. Lemuel Haynes is the first African American to receive an honorary degree in U.
Between and , approximately , blacks are illegally imported into the United States. Slave trading within the states the domestic trade continues until the end of the Civil War. Population: 7,,, Black Population: 1,, 19 percent including , free African Americans. Congress prohibits African Americans from carrying mail for the U. Postal Service. By , 75 percent of the African Americans in Delaware are free. This is the largest percentage of free blacks in a slave state. Previously independent African American schools become part of the Boston public school system. Six hundred African American troops are among the U.
The American Colonization Society is founded by Bushrod Washington the nephew of George Washington and other prominent white Americans who believe enslaved African Americans should be freed and settled in Africa. In he becomes the first American to perform before Queen Victoria in England. Escaped slaves from Georgia, South Carolina and Alabama join the military campaign of the Florida Seminoles to keep their homelands.
Population: 9,,, Black Population: 1,, The Compromise of allows Missouri into the Union as a slave state and Maine as a free state. It also sets the boundary between slave and free territory in the West at the 36th parallel. New York maintains property qualifications for African American male voters while abolishing the same for white male voters. Missouri disfranchises free black male voters. His patent came because he developed a process for dry cleaning clothes.
More than half of Cincinnati's African American residents are driven out of the city by white mob violence. The Cincinnati riots usher in a more than century-long period of white violence against Northern black urban communities. The Oblate Sisters of Providence, the first permanent order of black Catholic nuns, is founded in Baltimore, Maryland.
Population: 12,,, Black Population: 2,, African American delegates from New York, Pennsylvania, Maryland, Delaware and Virginia meet in Philadelphia in the first of a series of National Negro Conventions to devise ways to challenge slavery in the South and racial discrimination in the North. It admits African American men, black women and white women. By one third of its students are black. The Georgia Infirmary, founded by white philanthropists in Savannah, is the first hospital in the United States dedicated to black patient care.
Texas declares its independence from Mexico. In its Constitution as an independent nation, Texas recognizes slavery and makes it difficult for free blacks to remain there. The Philadelphia Vigilence Committee is organized to help fugitive slaves escape their pursuers. Population: 17,,, Black Population: 2,, Macon B. The case is eventually decided by the U. Supreme Court a decade later. He graduates from Rush Medical College in Chicago. The California Gold Rush begins.
Eventually four thousand African Americans will migrate to California during this period. The lawsuit is unsuccessful. Population: 23,,, Black Population: 3,, The Compromise of revisits the issue of slavery. California enters the Union as a free state, but the territories of New Mexico and Utah are allowed to decide whether they will enter the Union as slave or free states. The Compromise also allowed passage of a much stricter Fugitive Slave Law. Martin R. Fifty thousand Boston residents watch his transport through the streets of the city in shackles. The Act repeals the Missouri Compromise and permits the admission of Kansas and Nebraska Territories to the Union after their populations decide on slavery.
The Republican Party is formed in Jackson, Michigan in the summer in opposition to the extension of slavery into the western territories. Bleeding Kansas is an outgrowth of the controversy over the Kansas-Nebraska Act. Between and armed groups of pro- and anti-slavery factions often funded and sponsored by organizations in the North and South, compete for control of Kansas Territory, initiating waves of violence that killed 55 people.
Bleeding Kansas was seen as a preview of the U. Civil War. James A. He becomes Bishop of Portland, Maine in , a diocese that includes all of Maine and New Hampshire, and holds that post for 25 years. William C. He is the first black candidate in any state to be nominated for a statewide office. It is founded by the African Methodist Episcopal Church. Bishop Daniel A. Payne becomes the institution's first president. Population: 31,,, Black Population: 4,, Congress passes the First Confiscation Act which prevents Confederate slave owners from reenslaving runaways.
In doing so they create the first and only military unit of black officers and enlisted men to pledge to fight for Southern independence.
They form the Confederate States of America on March 4. The Civil War. Congress permits the enlistment of African American soldiers in the U. Army on July With the southern states absent from Congress, the body recognizes Haiti and Liberia, marking the first time diplomatic relations are established with predominately black nations. The New York City draft riots erupt on July 13 and continue for four days, during which at least of the city's residents are killed.
This remains the highest death toll in any urban conflict in the 19th or 20th Centuries. Sergeant William H. Navy during the Civil War. Approximately of the soldiers of the Union garrison at Fort Pillow are killed including many after the Union forces surrender. Only 14 Confederate soldiers die in the battle. On June 15, Congress passed a bill authorizing equal pay, equipment, arms, and health care for African American troops in the Union Army.
The Tribune is the first black-owned daily newspaper. Constitution outlawing slavery throughout the United States. Confederate General Robert E. Lee surrenders to Union General Ulysses S. On June 19, enslaved African Americans in Texas finally receive news of their emancipation. The Klan soon adopts terror tactics to thwart the aspirations of the formerly enslaved and their supporters. Twenty thousand African American troops are among the 32, U. Some discharged black soldiers join the forces of Mexican resistance leader Benito Juarez.
John S. Supreme Court. On January 16, General William T. This order becomes the basis for subsequent "40 acres and a mule" demands by former slaves and their supporters. The act confers citizenship upon black Americans and guarantees equal rights with whites. On May , white civilians and police in Memphis, Tennessee kill forty-six African Americans and injure many more, burning ninety houses, twelve schools, and four churches in what will be known as the Memphis Massacre.
The amendment also grants citizenship to African Americans. Congress authorizes the creation of four all-black regiments in the United States Army. Two cavalry regiments, the 9th and 10th and two infantry regiments, the 24th and 25th will become the first and only units in which black soldiers can serve until the Spanish American War. Over people are injured in the attack. On January 8, overriding President Andrew Johnson's veto, Congress grants the black citizens of the District of Columbia the right to vote.
Two days later it passes the Territorial Suffrage Act which allows African Americans in the western territories to vote. Congress divides ten of the eleven ex-Confederate states into military districts. These acts also reorganize post-war Southern governments, disfranchising former high ranking Confederates and enfranchising former slaves in the South.
The institution is named after General Oliver O. Menard is the first African American elected to Congress. However, neither he nor his opponent will be seated due to disputed election results. Howard University Medical School opens on November 9. It is the first medical school in the United States established for the training of African American doctors. The amendment guarantees African American males the right to vote. He is the first black American diplomat and presidential appointee.
Hiram R. Senate on February He is the first black United States senator, though he serves only one year, completing the unexpired term of Jefferson Davis. It is the first public high school for African Americans in the nation. The Jubilee Singers become world-famous singers of black spirituals, performing before the Queen of England and the Emperor of Japan. He is the first African American to hold that position. On April 14, the U. He is the first African American to preside over a predominately white university.
On Easter Sunday more than African Americans were killed in northwest Louisiana while defending Republicans in local office against white militia. Later that year in what would be known as the Coushatta Massacre 30 people including white and black Republican officeholders and their supporters were killed by white militia. Federal troops are sent to Vicksburg, Mississippi in January to protect African Americans attempting to vote and to allow the safe return of the African American sheriff who had been forced to flee the city.
Similar statutes had existed in the North before the Civil War. Over the next 27 years fourteen black jockeys would ride the wining horse at the Derby. Lewis H. He is the first African American to receive a Ph. Hayes Republican , is inconclusive when the votes in the Electoral College are disputed. Although Democratic Presidential candidate Samuel Tilden won the popular vote, Southern Democratic leaders agree to support Rutherford Hayes's efforts to obtain the disputed electoral votes of Florida, Louisiana and South Carolina in exchange for the withdrawal of the last federal troops from the South and the end of federal efforts to protect the civil rights of African Americans.
This is the first of hundreds of all or mostly black towns created in the West. President Rutherford B. His jurisdication is the District of Columbia. Hayes and assembled guests. Approximately six thousand African Americans leave Louisiana and Mississippi counties along the Mississippi River for Kansas in what will be known as the Exodus. On May 14, Sgt. In January the Tennessee State Legislature votes to segregate railroad passenger cars. Spelman College, the first college for black women in the U. Packard and Harriet E. The Virginia State Assembly established the first state mental hospital for African Americans and locates it near Petersburg.
The 50th Congress has no black members. Intimidation keeps most black voters from the polls. On October 16, U. On November 3, white conservatives in Danville, Virginia, seize control of the local racially integrated and popularly elected government, killing four African Americans in the process. Judy W. Reed of Washington D. She is granted patent number , on September 23 for her creation of a dough kneader and roller. The company manufactured and sold telephone and telegraph equipment.
All major unions of the federation excluded black workers. He is the first African American to head a major political party at the state level in U. By blacks were no longer players in Major League Baseball. He is believed to be the first African American mayor of a predominantly white town in the United States.
C, open their doors. On November 1, the Mississippi Legislature approves a new state Constitution that disenfranchises virtually all of the state's African American voters. The Mississippi Plan used literacy and understanding tests to prevent African Americans from casting ballots. William Henry Lewis and William Tecumseh Sherman Jackson were the first known black players on a white college football team when they played at Amherst College in Massachusetts.
Lewis was team captain for the season. On July 14 three companies of the 24th Infantry occupy the Coeur d'Alene Mining District in northern Idaho which has been declared under martial law following a violent strike by silver miners. They remain for four months. A record people are lynched in the United States this year, are black and 69 white. In the period between and , Tuskegee Institute compiled nationwide lynching statistics. In that 69 year period, 4, people were lynched including 3, blacks and 1, whites. Ninety-two women were victims of lynching, 76 were black and 16 were white.
Although southern states accounted for 90 percent of the lynchings, every state in the continental U. The patient, a victim of a chest stab wound, survives and lives for twenty years after the operation. White terrorists attack black workers in New Orleans on March Six blacks are killed. Booker T. He says the Negro problem would be solved by a policy of gradualism and accommodation.
Plessey v. Supreme Court rules that Southern segregation laws and practices Jim Crow do not conflict with the 13th and 14th Amendments. The Court defends its ruling by articulating the separate but equal doctrine. Mary Church Terrell is chosen as its first president. His work advances peanut, sweet potato, and soybean farming. John Shippen became the first black professional golfer when he participated in a tournament in England.
The first Phillis Wheatley Home is founded in Detroit. These homes, established in most cities with large African American populations, provide temporary accommodations and social services for single African American women. Only males whose fathers or grandfathers were qualified to vote on January 1, , are automatically registered. Others African Americans must comply with educational or property requirements.
The Spanish-American War begins on April Sixteen regiments of black volunteers are recruited; four see combat in Cuba and the Philippines Five African Americans win Congressional Medals of Honor during the war. A number of black officers command troops for the first time. In the era of subsistence problems goods necessary for everyday livelihood should be ensured from sources other than individual production activities. An important part of this is making proper reserves, which may help surviving such situations.
In different historical periods reserve making was diverse, its management was different in different times, but the need to institutionalise this procedure only emerged in the new era, with the establishment and spread of the capitalist production method. In Hungary the origins of the social security system operated by the state may be found in the last decades of the 19th century, and are based on German and Austrian example.
Social security system; Accident insurance; Old age pension; medical care; child-raising allowance; Hungary. Zoltan J. The present paper reviews the course by which capital punishment has been abolished in Hungary during the late state socialist era. In the first chapter, it introduces the regulations of the first complete Hungarian Criminal Code Act no. V of following Code of Csemegi with which, after a one-and-a-half decade interval of extraordinary penal law, the consolidated criminal law have come to prevail again. In the second chapter, it analyses the modifications that was introduced into the Hungarian legal system by the legislator in Act no.
In the end, in the third and last chapter, this essay reviews the measures and process by which capital punishment has ceased to exist in Hungary for good and all. The ratification document noted that the Turkish State did not refute its obligation to implement the Convention.
The Turkish government tries to eliminate discriminatory practices and traditions against women and girls but yet did not succeeded to ensure the total equal participation and opportunities in all spheres of life since the Turkish government expressed its concern that certain aspects of the Convention contradicted relevant clauses of the Turkish Civil Code and Constitution regulating marriage and family life.
In my paper I focus on the laws and policies adopted for the implementation of the Convention analyzing what results were realized from the obligations undertaken both legislative and practical levels. The dignitas of a citizen was understood to guarantee protection from physical assault of any kind; consequently allowances for the beating of children as part of education is fraught with social and legal significance.
The article builts up the link between the Council of Peace from Charroux in and the customary law that applied in situ in the 12th and 13th centuries. Moreover, it intents to furnish the proof of an organic increase of law at that time. Charroux ; Peace and Truce of God ; count of the March ; customary law; rules of conflict.
The book deals with the ideas of Europe. Europe was on one hand the center of many crisis and wars, on the other hand a center of common cultural developments — from Christendom and Enlightment up to music, poetry and arts. The text goes back into history and shows that the visions of a common Europe did not only arise after World War II, but were already present in the Middle Ages. The theories of the ancient state-philosophers and other scholars show surprising similarities with the basic problems of the EU of nowadays.
Theses visions were always combined with the deep desire and many appeals for a lasting peace in Europe — in former centuries an utopia, realized only in the second half of the 20th century. Michel M. Walter zum Contents download here:. In this article a description is given of the development of the criminal law of evidence between and This period saw the transition from a relatively rigid system of legal proofs which predetermined when there was sufficient evidence for a condemnation, to a system based on the free evaluation of the evidence by either professional judges or lay jurors.
It is the central contention of this article that the reform of the criminal law of evidence can, to an important extent, be explained by two larger underlying ideological changes. These new ideas derived from a change in the epistemological and the political-constitutional discourses between the seventeenth and nineteenth centuries. This article examines the reasons, which led to the development and the ending of witch trials in the Holy Roman Empire.
First of all, the essay explains the procedural reasons for the introduction of the inquisition procedure and its effects on the prosecution of heretics in the Holy Roman Empire. Subsequently, the development from the ancient offence of damage magic maleficium to the early modern offence of witchcraft is presented.
In particular, the reasons are given for the transformation of the maleficium into an element of witchcraft. However, the Carolina, the pertinent criminal and criminal procedural law of the Holy Roman Empire stuck to the maleficium. Nonetheless, the codification of the offence of witchcraft in the Electoral Saxon Constitutions led to the decisive paradigm shift in favour of the offence of witchcraft. Accordingly, the procedure of witch trails is outlined, whereby the focus is on the demarcation of the processus ordinarius and the processus extraordinarius.
Furthermore, this essay explains under which circumstances witch trails were excessive and unlawful. In this context the processus extraordinarius is decidedly examined. In the last section of this article, the possibilities to obtain legal protection against illegal procedural acts in witch trails are discussed.
Moreover, this article emphasizes that the High Courts of Holy Roman Empire regularly decided in favour of the accused in witch trails. At the same time, the essay shows that the High Courts of the Holy Roman Empire respected the Carolina and contributed significantly to the containment of witch trials. Hexenprozesse; Hexenlehre; Constitutio Criminalis Carolina; processus ordinarius; processus extraordinarius; crimen exceptum; crimen magiae; maleficium; Reichskammergericht; Reichshofrat.
The following contribution commemorates the racially- and politically-motivated expulsions of academic teachers and students in at the University of Vienna. From on anti-Semitic tendencies at the universities were getting stronger, in spring Jewish as well as political opponent scholars and students were forced to leave the Austrian universities due to national socialistic ideology.
The paper shows the expulsions from a legal point of view, stressing the significance of the laws that where enacted between — by the austrofacist government.
University of Vienna; racially- and politically-motivated expulsions, Anti-Semitism, faculty of law and state. This text deals with the legal practice in the Protectorate of Bohemia and Moravia. How the judges dispensed justice against several ethnical groups? In the end you could see an of course nationalistsocialist court, but not a highly political and not always unfair one.
The European judicial setting underwent profound changes with the shift from testimonial to material evidence at the end of the 19th century. Expert witnesses possessing specialist knowledge entered the courtroom, throwing shadow on lay witnesses who suddenly were considered unreliable. This evidential mutation arose from the emergence of specialist knowledge delivered by expert witnesses. New laws were required and judgments were passed in order to clarify the respective competency of experts and judges.
Three guideline judgments of the Imperial Court of Justice involving experts are discussed and put in parallel with the principle of free evaluation of evidence as well as with wrongful convictions. Judicial decision-making; expert witnesses; lay witnesses; Imperial Court of Justice; history of forensic science; free evaluation of evidence; wrongful convictions. The article is devoted to the little-known page of Russian post-revolutionary emigration - the creation and functioning for about fifteen years of the law faculty, founded by Russian professors of the law faculties of tsarist Russia who emigrated after the October Revolution of , with the support of the government of Czechoslovakia.
The article shows the main aspects of the activities of the Russian Law Faculty in Prague: organizational, educational, scientific, consultative public work, publications of its scientists, etc. With the end of World War I in the fall of the multiethnic Habsburg empire collapsed, and the emperor resigned from his duties as a head of state. Adolfo A. We try to use it to confirm or deny the established topics by historiography about the economy and society in the beginning of the fourth century. From the legal sources we can know that the economy was not so ruinous than we can imagine, the social scale was mainly based in the Army and the nuclear family played an important role, with an unexpected prominence of women.
Comparative legal history is a fashionable new discipline which aims at a better understanding of the law's past by comparing similarities and differences of legal phenomena in two or more jurisdictions beyond the limits of national legal histories. Despite its popularity in Europe, it still lacks comparative projects that cover both Western and Eastern areas of the Continent, not least because the methodology of such comparison requires proper consideration and cannot be simply copied from comparative law or national legal histories.
The present article evaluates the applicability of the dominant method of today's comparative law the functional one in the domain of the general contract law of the first codifications in the major jurisdictions of Continental Europe Austria, France, Germany, Russia during the 'long 19th century'. This subject matter is chosen by way of example as a 'legal cross-road' of legal concepts and models, more susceptible to changes, innovations, borrowings, and closely linked to social needs.
In the main part of the article, it is argued that the adaptation of the functional method to the needs of comparison in legal history becomes plausible due to at least two factors. First, comparatists mitigated the rigid assumptions of the 'classical' functionalism of the 20th century rejecting its privileged status and purely functional perception of law, irrebuttable presumptions of similarity and unification of compared legal systems etc. Second, many legal historians, like the drafters of the first civil codes in Western and Eastern Europe, also believe that law is more than minimally connected to social problems and manifests itself primarily through its actual application.
The governors of the Kingdom of Poland in were forced to balance between the necessity to follow the orders of the tsar and prevent the revolutionary moods of the crowds. The most characteristic in this respect became , when four governors ruled the Kingdom of Poland. This meant that the tsar had a clear difficulty in choosing the right administrator, who would be able to quickly curb the independence aspirations of Poles, but without using radical means, which only heightened social dissatisfaction.
It was a demanding mission, because the governors came from military circles, which made it difficult for them to administer the country and to understand internal politics. The indecisiveness of the emperor and the frequent changes in the position of the governor caused this to destabilize the government in the country. It gave the possibility of free development of the national movement, which finally grew into a strength that could not be stopped by the existing means. The aim of this paper is the approximation of issues related to the sovereign patent legislation that operated in the Kingdom of Poland from to The Kingdom of Poland swiftly began to provide legal protection to inventiveness by introducing requisite legal provisions in , which were then amended in After 50 years of that legislation staying in force, there was a substitution of those provisions by Russian regulations, which in turn ended the legal autonomy of the Kingdom as to patent matters The acquiring of the knowledge about the history of the Chambers of Crafts, Chambers of Agriculture and Chambers of Industry and Trade — the institutions currently operating within the democratic system as self-governing legal persons — in the case of the totalitarian regime should be subject to a thorough archival research.
This need results not only from the scarcity of the archival materials, but also complex institutional and personal connections across the administrative system, both in time of peace and war. Especially interesting are the relations between the foreign occupation authorities and the organizations of the subjugated Polish nation.
This phenomenon concerns various periods and territories, including the General Government — At that time, on the Polish territories, self-governing institutions lost their autonomy.
They where appropriated and transformed by the ruling entities. They were, despite their nature, the element of the totalitarian system and total war. In the ancient Rome it was frequent to order more tutors for immature people at the same time to manage their asset. In such cases it was possible that the legator or the magistratus mandated one of the tutors to actually manage the asset or shared the administration according to the commissionerships or territory.
The tutor who was sued as joint debtor based on the damages caused fully or partially by the co-tutors had the possibility to claim from the ward with the aim of vindication of his subrogation that the ward cedes for him their claims against other tutors. Later it became possible for the paying tutor — in case of missing the assignment — based on equity to bring independent utilis actio for vindicating the subrogation against the co-tutors.
It is also possible that later the beneficium divisionis was entitled to the co-tutors for the sake of mitigating their burdens. Roman law; tutelage; contutores; responsibility; subrogation; beneficium cedendarum actionum. The article focuses on the prenuptial agreements of the Hungarian noble families in the early modern times in order to reveal those marriage property rights the noble women enjoyed during and after the termination of their marriage according to the wording of their agreements.
The aim is to find out whether the foreign marriage property institutions of the neighboring Austrian hereditary provinces influenced the Hungarian marriage property rules, or not.
On one hand, he widened the space for learning secular Russian and the secular orthography much more widely than had his predecessors. Dr Philip Hallinger is recognised internationally as an innovator in leadership development. For instance, all eleven languages in South Africa are considered official and educators sometimes engage their students in the local language for easy and better comprehension. Melbourne, Lothian Publishing, 85—86; J. RG Campbell, Gregory.
In order to fulfill the aim, the article compares the existing legal rules to the everyday legal practice followed by the Hungarian nobles in marriage property issues. The article also deals with the problem of the terminology caused by the trilingual environment in which the Hungarian nobles were living in. Hungarian aristocracy; Lady-in-Waiting; prenuptial agreements; marriage property rights; dos; paraphernal; dowry; Widerlag; Morgengabe; Spennadel Geld; jus viduale; successio vidualis.
After the fall of the Hungarian Independence War, the Habsburg monarch desired to form an empire with unified jurisdiction and public administration organization. He realized this intention during the neo-absolutism in , but the administration was restored prior to according to October Diploma in the Kingdom of Hungary, in After the Austro-Hungarian Compromise, both parts of realunion strove to modernize the state organization, thus the jurisdiction and the public administration were separated.
Pursuant to Act 44 of 19th May , the mixed district office of neo-absolutism gemischtes Bezirksamt was replaced by district authority Bezirkshauptmannschaft. In my paper, I compare the public administration of these two states and these two district levels in detail in Cisleithania and Transleithania. Austria-Hungary; Austro-Hungarian Empire; public administration; districts; district administrator; Bezirkshauptmannschaft; Austro-Hungarian Compromise.
Municipal Scriveners. Following the Austro-Hungarian Compromise legislation separated the justice system from public administration, however the regulation on the private activities of municipal scriveners remained unchanged. Lawyers and notaries requested the elimination of such activities from the government with no avail. The Bill on mandatory formalities of instruments and later on hedge writing attempted to restrict the activities of municipal scriveners regarding the preparation of instruments and filings, but it also failed to succeed.
At the beginning of this study, I write about how was counterfeiting regulated and what circumstances were taken under consideration in the regulations, from the Roman law to the first codified criminal code of Hungary. In the knowledge of these rules, I present the practice of counterfeiting as a crime. Frigyes Kahler already examined the legal practice of Debrecen only until so describing these results, I present the specificities of the established practice of that time.
During processing the relevant cases, my objective was to detect any possible differences or, first of all, to highlight the fact how the Austrian Criminal Code was applied in the legal practice or even to which extent the legal practice applied common law established before. This article is about the history of the regulation of defamatory criminal law delicts. It first describes how the first Hungarian penal code regulated defamation, insult and desecration, and gives a brief introduction to procedural issues closely related to the material law regulations as well.
Then it follows the changes of the regulation of the delicts, starting with the modifying act in about the protection of reputation through the regulation about military criminal law to the provisions of the two penal codes of and preceding the valid criminal law regulation. As it may be seen from this essay, Hungarian defamation law has been quite developed at the end of the 19th century, moreover, regarding its dogmatic elaboration it was among the most modern ones in Europe, and this leading role has not changed ever since; regarding the elaboration of criminal act violating reputation, human dignity and the good reputation of persons Hungarian legal regulation has been among the best in Europe.
He drafted two proposals to the Hungarian Parliament concerning the legal questions of higher education, none of them were accepted. It is dealing with organisational questions, administrative issues, and with the jurisdictional competence of the university as well. It is interesting to know, that there is only one copy of this draft in Hungary: it can be found in the University Library of ELTE and it is connected to the Student Plan of This paper summarizes the history of arbitration in Hungary with special emphasis on the antecedents of the valid act on arbitration.
Since the Parliament of Hungary adopted a new act on arbitration in Act LX of on Arbitration , the study describes the most important features of this Act from a historical-comparative view, highlighting the fact that this act is fully in line with the UNCITRAL Model Law on arbitration of and amended in The article stresses the annulment of arbitral awards, which seems to be a key — issue in international commercial arbitration. The paper reaches to the conclusion that the Hungarian New Act on Arbitration is a turning point regarding the Hungarian arbitration in terms of legislation, and at it is to raise several important questions during its practical application.
It is almost a quarter of a century since the correctional legislation of came into effect. The importance of this regulation cannot be stressed enough since its focus was to facilitate Hungary's entry to the more up-to-date European norms. By analysing the social and legal circumstances of the era, the author presents the more important events of the codification, its provisions and long-term effects. The author concludes by stating that modern correctional philosophy has only had a brief impact on the legal evolution of the relevant fields. Hungarian Prison Code; history; anniversary; reintegration; principle rules; experiences; European Prison Law.
Conclusions and Ways Out. Pro Caecina is a speech delivered by M. Cicero on behalf of A. Caecina in a civil case concerning the ownership of a farm near Tarquinii. Caecina had inherited this farm from his wife Caesennia, but her former agent, Sextius Aebutius, attempted to claim ownership. This speech was made usually dated to 69 BC at the end of a series of actions between Caecina and Aebutius concerning the farm.
Cicero explains the history of the situation in the opening of his address in order to demonstrate the reasonableness of Caecina's actions. Tommaso Beggio: Paul Koschaker — Andrzej Dziadzio: Vertragsfreiheit in der Donaumonarchie. The article discusses the evolution of legislation on usury in the constitutional era of the Habsburg Monarchy and an analysis of Austrian legal regulations containing the first modern definition of usury in the European legislation.
The change of statutory pre-conditions of usury was a reflection of economic trends in the Austrian policy of the second half of the 19th century. The author presents the issue of penalization and depenalization of usury in the juridical, political, and social context. Apart from discussing the legal boundaries of the freedom of contract, the author shows the social background of the act of that banned usury in Galicia and the particular economic and political situation of Galicia that caused the Austrian government to deviate from ultra-liberal market economy.
A specific feature of the economic relations in the province was the dependence of Galician peasantry on the loans offered by Jews. The legislation limiting the freedom of contract in case of credit contracts was one of the elements of the policy of Galician government to normalize the relationships between the peasantry and the Jewish population. Eszter Cs. Marriage contracts had a high significance in the Hungarian legal praxis in the period of the so called traditional law before , in the 2nd part of the 19th century and also in the first decades of the 20th century.
At the time, when the Austrian private code ABGB was in force in Hungary, marriage contracts made it possible to agree on the regular domestic legal institutes. After the repeal of the Austrian private law in , marriage contracts enabled the offset from the rules of the so called statutory consuetudinary matrimonial property law institutions of the social orders. Marriage contracts contributed to the assimilation of minorities into one nation. The civil feature of contractual matrimonial property law makes itself felt primarily in the respect of private autonomy.
Thus, it is not a coincidence that the Family Law Code of did not even contain it. During the second half of the 19th century the modernization of education played a highlighted role in both Hungarian and Austrian efforts, however many debates aroused about its character, so — although significant accomplishments were achieved — it mostly divided the public opinion, generating wide ecclesiastical and social movements.
The problem was that these church schools functioned at a low level, so it was necessary to create state schools. These efforts were first documented after in Baranya county based on the regional records of the National Archives of Hungary. Most of the results were achieved in those settlements, where nationalities lived and the churches were willing to cooperate and they did not had any appropriate schools.
Research roots go back to historical times when peoples of different nationalities and denominations lived together in space and time. The study seeks to find out whether the positive changes that occurred in Hungary in the second part of the nineteenth century have been catalyzed by the decentralized and religiously pragmatic legal policies of Turkish domination.
Through the analysis the regulation of fraud will given a potential answer to the question whether the attempts to modernize criminal law in Hungary at the late 18th century — considering this crime — are truly modern. In the comparison are included the Sanctio Criminalis Josephina , a piece of legislation which is not commonly classified as belonging to the Hungarian codification, and the draft of the Codex Criminalis which was completed in by a committee set up by the Diet in the year following the death of Joseph II. According to scholars, this draft can be considered as the first stage in the process of a modern Hungarian criminal law codification, which was no longer mere incorporation but met the rules of codification in the narrower sense as well as the principles of the Enlightenment, and which was the beginning of a qualitatively new phase of Hungarian legal development.
The Habsburg Monarchy was a specific state compared to other European countries. It resulted mainly from the number of nations that inhabited the empire, and which influenced its final shape. The recollection of the Austrian reign in Galicia was and still is not pejorative as the devices and legal solutions of that time are doing well.
Preserved monuments of legal culture show the main trends of transformations, changes and, finally, state modernization of the Habsburg Monarchy. These are buildings of judicial jurisdiction, such as courts, prisons, rural arrests, administration signs including road signs and equipment , measures of weights, units of length, places of toll collection, and administration buildings, like district offices; new spaces of communication, e.
Hatte der Westen einen Einfluss darauf? The development of Japanese labor law has been influenced, for historical reasons, by German and American law. Nonetheless, Japanese labor law has retained its distinctive features, which can be attributed in particular to the so-called Japanese employment practice, namely the existence of lifetime employment, seniority wage system and enterprise trade unions.
Was this Japanese employment practice also influenced by Europe? Or does it have its roots in the Japanese early modern society?
The Reconstruction of Georgia Studies in History, Economics and Public Law, Vol. 13, No. 3, [Woolley Edwin C. (Edwin Campbell)] on ecasevupuk.tk The Reconstruction of Georgia Studies in History, Economics and Public Law, Vol. 13, No. 3, - Kindle edition by Edwin C. (Edwin Campbell) Woolley.
In this essay I consider this question from a historical point of view. Dan Sato: Die Rechtsmodernisierung in Japan. This year marks the th anniversary of beginning of the Meiji era, while former countries of the Habsburgs celebrate th years of their independence. The last 50 years of the Habsburg Monarchy overlap with a period which was extremely important for the modernization process of Japan.
This paper focuses on this period. During the last years of the Edo period, Japan was forced by Europe and America to conclude unequal treaties, the revision of which was the most important issue for the Meiji-government. For the renegotiation of these treaties, it was necessary to modernize the Japanese legal system in accordance with Western standards.
This paper aims to trace this modernization process, based on previous studies, while especially focusing on the establishment of the Meiji Constitution. Peter Leopold the great duke of Tuscany , introduced an extensive social, legal and financial reform in Tuscany. He rationalized the tax, judicial and administrative system to ease burdens of citizen, aimed to regulated the relations between the State and the Church and promulgated a new penal code.
Peter Leopold also attempted to introduce a constitution in Tuscany. This article gives a comparison between the project of Peter Leopold and the constitutional project of Polish nobility in Galicia, which belonged to the Habsburg Monarchy following the partition of Poland in Grand Duchy of Tuscany; Galicia part of Poland ; Habsburg Monarchy; constitutional history; the Enlightenment; enlightened absolutism; state reforms. The principle of equality before the law was of utmost importance in the eastern part of the Habsburg Monarchy This article presents the legal status of women and particularly problematic questions concerning the above mentioned principle in the constitutional rights of women.
Female suffrage, the context that rendered it possible, and the legal changes that were made before it was finally granted make up a crucial chapter in the history of women's struggles for equality. Reflecting on how this chapter unfolded in a particular country thus reveals some of the features that women's broader struggles for equality and equal citizenship took in that country.
The modern concept of citizenship was based on the liberal ideas of individualism and equality, developed in the West in the 17th century, and signalled a radical break from traditional ideas of society. The contradictions that this concept of citizenship brought along for women underlie the histories of female suffrage.
In Hungary, local voting rights were granted to some tax-paying women in In some Austrian lands, women could vote for municipal councils and provincial diets throughout the 19th century as long as they paid with a certain amount of property or income taxes. In spite of the early results of the civil era and the Hungarian Soviet Republic, there was a regression in political rights after Papen, a prominent monarchist and devout catholic, who in November was nominated by Hitler Commissioner for the strictly religious catholic Saar Basin, followed his mission there to build a bridge between altar and crown, i.
His reputation in the Saar Region rested upon his marriage with a daughter of an influential industrialist and his signature of the Concordat with the Vatican, which he had negotiated on behalf of the Reich Government in spring This law introduced, inter alia, new provisions for legal and administrative sanctions as well as criminal penalties which went considerably beyond such previously existing provisions. German Imperial Banking Act; banking institutions; emergency decree; banking system; banking supervision; banking investigations; committee of enquiry; legal sanctions; administrative sanctions; criminal penalties.
Arnd Koch : Das Polizeistrafrecht des Using Germany as an example, this article is intended to demonstrate that statements on the scope of punishment remain imperfect without consideration of the law of police contraventions. The article addresses the astonishing extent of penal power by the police in the first half of the 19th century as well as fundamental criticism by liberal scholars of criminal law.
The article presents a first overview of an undeveloped field of study and is intended to stimulate more detailed research.
Over the past fifteen years, Hungarian literary historians have outlined an idea of an interdisciplinary research program that aimed at exploring the early modern history of Hungarian political thinking. One of the most important elements of the proposed work has been to ensure the availability of the texts to be analysed or analysable for the purposes of research. The texts to be considered for research purposes are coming from highly various genres. One of the less well-known and less exploited types of texts to be analysed are pamphlets disputations that are related to the politics of the period and that educated the dozens of Hungarian peregrinating students who were raised in the 17th century.
Contemporary students could gain an insight through these texts and disputes into one of the most popular disciplines of the era, the fundamentals of political science. The study and its annex attempt to identify all the disputations that were protected by students from Hungary or Transylvania at a university of Germany and the Netherlands in the 17th century. It gives an overview of the role of the disputes in the education and their place in contemporary political science. It compares the features available from the database of disputes protected at German universities with the similar data from its own collection.
In these so far underrated works, we should recognize the first traces of theoretical foundation of the Hungarian political thinking. Hungary; German Universities; political science; early modern universities; education history. After the years of an indiscriminate Globalization, it is to see if a universal statute of international law does really exist. And this for several reasons: first of all, the problems of settlement, accountability, justiciability of the decisions in a broad sense are yet to solve. All that is so despite the fact, the Global Law is not considered formally a de iure cathegory.
The argued arguments are remarkable and in some way very original. Thank to these theories, it is possible to establish some compass points in the relations between international and regional institutions, for example UN and European Union. The fact is that no one can affirm the existence of an undiscussed or at least most accepted authority at international level. Notwithstanding a new kind or relations between these actors is now arising: ius gentium or ius inter gentes?
Gal Amir: or ? No Room for Westphalia in the Middle-East. The article concludes with a possible justification for this challenge of the state's sovereignty, rooted in ideas of legal pluralism. Treatise on prescriptive and sociological-legal levels of the aspects, consequences, force and effect of the Constitution of the SR in the years In the course of four months of the year the Constitution acted as a basic law of the national republic statehood of the SR within CSFR, it provided the form of legal extinction of federation and the rise of two sovereign republics.
As a constitution of a sovereign state it was in force by the year , until the accession of the SR to the EU. Twenty years of history of the SR Constitution were marked by ten constitutional amendments to the supreme law. The changes occurred in the period between to The Slovak Republic as an International entity is morally and legally continual with the Slovak, national and anti-fascist statehood. The purpose of the paper is to define cameralism and political sciences in the context of the second half of the 18th century in the Habsburg Monarchy considering in particular the lands of the Bohemian Crown, to characterise enlightened absolutism and to describe the ideational background and the formation of the scientific basis at the universities of Vienna and Prague.
The paper shows that the basic thesis of cameralism that the welfare of the state depends on good and complete legislation, precise compliance with laws and educated civil service in combination with the enlightened philosophy formed the foundation of the modern codification efforts, the formation of tertiary education in economics and administration, legislative regulation necessary for economic welfare of the state, populationism and agricultural reforms.
The political sciences, reflecting in terms of content and form the enlightened absolutism, became the theoretical foundation of the reforms of Austrian monarchs Maria Theresa and Joseph II. The paper introduces in more detail the professor and Hofrat, Joseph Sonnenfels — from Vienna, Joseph Ignatz Butschek — from the Prague University, and some of their economic ideas which reflected in the reforms and measures of Maria Theresa and Joseph II. The paper focuses on agriculture and the proposals for dividing land into lots, the so called Raabschen System, and the formation of Grain contributory fund.
The study presents opinions on the liability for crime with unintended results formed before in Hungarian criminal jurisprudence and codification. It analyses the four tendencies dolus indirectus, culpa dolo determianata, aggravation, transient category of German criminal law, which was used as a model in the literature of Hungarian criminal law published from the middle of the 18th century to manuals, studies , as well as in textbook manuscripts and bills.
The transient category does not occur among these, and aggravation can only be found in one bill The wide-spreading of Feuerbach's theory started with a textbook manuscript in , and it has become known and at least partly accepted by every author since In the s and even for decades before and after, gratuities were paid in advance as an illegal but socially legitimate form of bribery. During the history of gratuities in Hungary, it has always been a crucial question whether to pay the gratuity to the physician in advance or only after treatment. This Code of Medical Ethics forbids physicians from accepting any payment from other physicians for medical services.
However, in other cases, the Code permits the acceptance of payments for medical services as a remuneration for self-employed persons. According to the Corpus Hippocraticum, the physician is only allowed to accept money for medical services after treatment and the physician is not allowed to force the patient to pay.
Gratuities for physicians in Hungary seem to be inherent to the low earnings among physicians, and the situation is similar for nurse practitioners. This year we celebrate the quincentenarian anniversary of the printed edition of the Tripartitum. In the Tripartitum, there are different terms, such as ius commune, lex communis, communis opinio, etc.
In this paper, the author shows that these terms, especially ius commune and lex communis are referring to well-known authors of the ius commune Bartolus, Baldus, A. Aretinus , although their names are not mentioned. In accordance with the long-standing European legal tradition, these terms are synonyms of ius commune in Hungary, as well. During the period after World War I, the state's interference in the relations of Civil Law and economic procedures was extremely limited.
The commonly accepted understanding was that the price of the different commodities was regulated by the effect of demand and supply. Any intervening could only be temporary and in cases if a catastrophic circumstance occurred. As opposed to this, if these processes were so severe, that they affected the economic life due to their longitude and magnitude, then the need for regulation arose. The same thing occurred after World War I, which had a long-lasting effect on Civil Law, especially if we take the economic separation and the changes in the production and consumption processes into account.
All of these made the appropriate regulation of the matter of prices a necessity. It can be assessed that the state proved to be extremely strict when it came to sharking profiteering cases in the economic life. The war and the following economic relations upstaged the individual needs. To protect the consumers, several actions deemed to be punishable, if certain ploys resulted in unfair profiteering incompatible with contemporary economic morals. Self-defense is one of the oldest legal institutions in the Hungarian law having the greatest traditions, the rules of which were already included in Act No.
V of called Csemegi Criminal Code. The main issue of this study is how the rules of law concerning self-defense were implemented in the case-law of the Royal Court of Justice Debrecen between and For the purpose of finding the right answer to this question I have reviewed nearly boxes stored under number VII.
After analyzing the decisions related to self-defense, I have drawn the conclusion that we cannot say there was a coherent and consistent case-law regarding this legal institution; I believe a long process of development has been required to fill the conceptual elements constituting self-defense with substance. The author analyzes in the first part of his article the influence of the Byzantine legal tradition on the development of private law in Georgia. Special emphasis is given to the code compilation of king or emperor Wachtang VI in the first half of the 18th century.
The comprehensive code of Wachtang VI is based mainly on Byzantine law. In the second part of the study the structure, the main institutions as well as the sources of the Georgian Civil Code promulgated and put into effect in are analyzed. The author outlines that the redactors of this code availed themselves of the scholarly achievements of the German pandectist legal science based substantially on Roman law tradition.
The redactors of the Georgian Civil Code did not adopt the concept moniste whereby the Civil Code of Georgia is no code unique? Alexander I. The views concerning the Roman law concept of ius naturale basically come into two groups. Some authors accept the existence of ius naturale as practically binding law, whereas others regard it a pure philosophical Gedankenexperiment.
This twofold state of ideas on ius naturale are fuelled for the most part by the contemporary Meinungsklima, though primary sources also raise some important issues of interpretation, increasing obscurity of this notion. In this paper we set out to give a brief outline of the abstract approach and concept of ius naturale put forward by Ulpian at the beginning of the Digest.
In addition, we also try to follow the reflections and evaluations by secondary authors on this topic, trying to collect the most common arguments and counter-arguments of this topic. This paper studies the social and legal background of public constructions of antique Rome in the era of the Roman Republic.
Being a financial lawyer, I was intrigued to find out more about the ancient rules of using up public funds and what corruptive and cultural influences shaped these procedures. I was also interested in finding similarities between past and present public procurement practices. In my work, bedsides the original sources, I used the monographs and summative studies of contemporary authors as well as my own expertise acquired as a public procurement consultant.
Criminal offenses committed against road safety in the Republic of Albania have brought about harmful consequences to human life, health and assets and not only to them. This topic has been selected as a field of scrutiny based on the highest interest it bears to human life as well as with the prospect to render the least contribution possible to the enrichment of Albanian criminal law opinion with special view on criminal offences committed against road safety.
Understanding road types and sense based on Albanian customary law occupy a special place in this work paper. Relying on the current criminal law, knowledge and analysis of the criminal offences regarding the violation of road traffic rules in Albania, with special focus on years , the Albanian monarchy and the post period of the Second World War comprise an important element of this work paper. Patricia Zambrana Moral: El transporte en la Ordenanza de la marina francesa de This contribution, relying on preliminary publications, picks-up the performances rendered by the Commission for drafting the Codex Theresianus as a general Civil code for all Austrian hereditary provinces within the period between and at Brno.
According to these efforts a singular script, conserved by the Moravian State Archive, is dealing with the introduction of the Codex Theresianus. It offers an insight into the methods of applicating and practising sources of law by the members of this commission under the leadership of Joseph Azzoni, an expert on Bohemian law. For this reason those sections within this draft, which are dealing with customary law and legal interpretation, will be edited in the annex to this contribution.
Alterations in advocacy during the second half of the 20th Century before juries in English and Welsh courts, are considered. Heidi R.
The Siete Partidas, the famous law code, of Alfons X. The central question is, which functions has the text besides being a law code? The encyclopedic character of this work, provides an insight into daily life of medieval Castile and mirrors the historical frame in which it was written. But, unification also means a centralization of the power which was embodied by the king.
The fact, that this was not completely accepted by other powerful people of that time made it necessary for Alfons X. Enlightenment Philosophy and Hereditary Monarchy. Hereditary monarchy and enlightenment political theory hardly seem to be reconciled at first glance. And yet, the advantages and disadvantages of monarchical succession according to lineage were a continuous subject of debate between some of the most prominent enlightenment thinkers.
Outlining this debate, the paper at hand gives an — even if eclectic — account of a controversy that spans over more than two and a half centuries. Europeanisation of legal scholarship and legal education facilitates the emergence of comparative legal science as a promising fresh tool to discover similarities and differences between two or more jurisdictions and their development in the past through their comparison.
Yet, the specific methodology of such studies is still not clear. Some legal historians hold the opinion that comparative legal history does not or should not have its own methodology other than that of comparative law. Others warn against imposing on legal history the contemporary agenda and toolbox.
The author of this article aims to clarify this debate by examining the prospect of applying one of the most popular methods of comparative law — the functional one — in the domain of legal history. On the basis of several examples from European legal past he claims that examining the functions the social purpose of legal norms can help legal historians in three ways. First, to determine the objects of comparison and the sources of analysis, despite the variety of verbal shortcuts the initial stage of research.
Second, to analyse legal norms from the perspective of solving social problems in the past, to study the 'law in action'. Third, to arrange the results of the research according to meaningful criteria at the final stage. Herger: Die Mitgift. The author of this essay used original archive records of civil cases from the Baranya County Archives, and analyzes the form and content of the dowry in the everyday life during the second half of the 19th century. Around the world we can face with a big diversity in the voting systems. Within certain limits governments have the right to determine how many votes a single citizen is allowed to cast, and how.
Therefore we can also find majority-, proportional- and preferenital electoral systems even only in Europe. Single- and multiple-vote systems are neither unfamiliar. While the vote-transfer system is currently employed in Malata and Ireland, until then Germany applies the personalised PR-system. Electoral system in Hungary have changed over time. According to Act XXXIV of , until , the electoral system was an archetype of mixed voting systems: in it, it is possible to gain a mandate both in a single district and through party lists. The Parliament operates with representatives.
It is still a mixed system, but there are only mandates can be won: in relative majority single constituencies and 93 on a national list. Since it provides compensation after the votes cast in single districts, it is also, essentially, a compensational system. A Historical-Legal Approach. In the context of the testimony of ancient legislature traditions, particular attention should be paid to the legislative branch and the development of parliamentarism as an invaluable asset of the Albanian people.
These institutes are shaped in a manner that is conducive to the development and consolidation of the Albanian state. From time to time they have remained solid in relation to the international jurisprudence, thus enabling the development of an original parliamentary tradition whose roots are deeply rooted in Albanian customary law. In this paper, the stages through which the Albanian parliamentarism has passed constitute an important part.
The Albanian historiography considers the Vlora Assembly of as the embryonic stage of the contemporary Albanian parliamentary system. In particular, this paper writing will duly consider with the deserved attention the modern Albanian electoral legislation and its specifics. Acknowledging the stance of Savigny on the organic connection between law and nation as correct, I will attempt to resolve within this paper if the term of 'legal tradition' may also be applied to the Polish nation.
The Code of Obligations, which was drafted in a country recently reborn following over a century of political non-existence, is a particularly fitting object for such an analysis. I will try to show that national identity in the area of law may be shaped not only by the use of 'indigenous' norms in the legislative practice, but also by the consolidated, centuries-long tradition of implementation and adjustment of foreign laws to the current social needs of a given society. I will expound that the existence of a national legal tradition does not necessarily require the simultaneous existence of a nation state.
For this purpose, I will perform a comparative analysis of Polish law throughout time, starting from the 16th century, when Poland was a stronghold of power on the geopolitical map of Europe, all the way to the Second Republic of Poland and the Code of Obligations. Only a broad research perspective will make it possible to observe the recurring mechanism of drafting and application of law, thus enabling the identification of legal tradition. The Polish legal tradition is based on both the method of adjusting law and on normative contents.
The method consists of implementing foreign principles, that is of adopting a specific - in this case: foreign, normative content, which remains foreign only until it has been accepted by the society as a collection of laws of national character. Thus was the situation in Poland both before the partitions and in the interwar period. Of course, the undertakings of the Codification Commission that drafted the Code of Obligations may be assumed to have been unconscious, yet it does not deprive these undertakings of their traditional quality.
This is due to the fact that the stance of the legislator and of the society toward the law is shaped by the spirit of the nation, in which a more or less conscious transmission of values and principles takes place, and these values and principles are capable of persevering also through periods of social disintegration, as was the case of Poland under partitions. The present paper deals with the history of abolitionism in the main European states.
This essay first introduces the course of abrogation of capital punishment in its Italian cradle, then it details the steps by which the status of this kind of sanction changed in France, Germany, Austria, Switzerland, England and the Russian and Soviet Empires during the past centuries and, chiefly, the past decades. The present article covers both the early results of the abolitionist movement in the countries analysed, and the final cessation of this legal institution by which these states discontinued the practice of capital punishment for good and all.
China and Hungary shared a similar memory of socialist experiences in the communist period since Nevertheless, the communist regime was not out of thin air. In Hungary, the story is quite similar. Sooner, the first soviet experiment happened in Hungary, the Hungarian Soviet Republic. In this article the author will introduce the birth of Communist Party and the soviet Constitution between China and Hungary.
The rights of citizenship in a commune were characteristically used in Central Europe as a basis of the regulation of nationality of persons affected by state succession, and the peace treaties concluded after the First World War by the successor states of the Austro-Hungarian Monarchy notably included this criterion.
Although the rights of citizenship in a commune seemed more serviceable criterion during at the peace conference than habitual residence in these states, the different domestic regulations concerning Austrian and Hungarian territories and their interpretations by other states caused numerous problems and resulted in statelessness en masse. The aim of the present paper is to analyse the features and the differences of acquisition and loss of Austrian and Hungarian rights of citizenship in a commune, and to reveal their practical and interpterational problems.
This study identifies the problems related to the nationality of persons affected by state succession after the First World War. These problems may also serve as an important lesson for the present, as the criteria that define persons concerned by the change of nationality in modern cases of state succession need to be selected carefully. Already in his lectures and studies in the s he had defined and later redefined, refined and enhanced the term of social administration.
His analyses, dogmatical founding and definitions were reinforced by a complex perspective on a wide range of social sciences.