Magistri Legis. Eine Studie zur dogmatischen Funktion im industriellen System

2011 ◽  
Vol 2 (2) ◽  
pp. 69-112
Author(s):  
Pierre Legendre
Keyword(s):  
Social Function ◽  
Modern Human ◽  
Human Behaviour ◽  
Cultural Reproduction ◽  
Industrial System ◽  
The West ◽  
History Of ◽  
History Of Law ◽  
New Look

"Der Beitrag reevaluiert die «dogmatische Funktion», eine soziale Funktion, die mit biologischer und kultureller Reproduktion und folglich der Reproduktion des industriellen Systems zusammenhängt. Indem sie sich auf der Grenze zwischen Anthropologie und Rechtsgeschichte des Westens situiert, nimmt die Studie die psychoanalytische Frage nach der Rolle des Rechts im Verhalten des modernen Menschen erneut in den Blick. </br></br>This article reappraises the dogmatic function, a social function related to biological and cultural reproduction and consequently to the reproduction of the industrial system itself. On the borderline of anthropology and of the history of law – applied to the West – this study takes a new look at the question raised by psychoanalysis concerning the role of law in modern human behaviour. "

Scandinavian Thing-steads

Antiquity ◽  
1928 ◽  
Vol 2 (7) ◽  
pp. 328-336
Author(s):  
F. Wildte
Keyword(s):  
Judicial System ◽  
Christian Faith ◽  
The South ◽  
The West ◽  
History Of ◽  
History Of Law ◽  
English Speaking ◽  
The Many ◽  
Judicial Systems

The Scandinavian peoples emerge into the light of history much later than their neighbours in the South and the West, the Teutons on the Continent and in England. It was only through the Viking raids that the Nordic peoples came into touch with the rest of Europe, and were gradually converted to Christianity. Long after the introduction of the Christian faith they preserved many peculiar and archaic traits. Thus the Nordic peoples retained, with great tenacity and conservatism, their ancient judicial system. This system has therefore been the object of considerable interest even outside Scandinavia, although the manuscripts through which it has become known are much later than the corresponding documents of other Teutonic nations.An investigation of the localities where justice was dispensed in former ages is of importance not only for the history of civilization, but also as a complement to the study of oral and written tradition, and thus to the history of law itself. In view of the many points of similarity between the judicial systems of the various Teutonic nations, some notes on the Thing-steads, or places of assembly, in Sweden, Norway, and Denmark, may perhaps be of interest to English-speaking readers.

scholarly journals Emilio Betti: from the history of law to the general theory of interpretation

2020 ◽  
pp. 30-44
Author(s):  
Iuliia Rossius
Keyword(s):  
General Theory ◽  
Practical Importance ◽  
Dialectical Tension ◽  
History Of ◽  
History Of Law ◽  
The Subject ◽  
Theory Of Law ◽  
The Impact ◽  
Hans Georg Gadamer

The goal of this article consists in demonstration of the impact of research in the field of history and theory of law alongside the hermeneutics of Emilio Betti impacted the vector of this philosophical thought. The subject of this article is the lectures read by Emilio Betti (prolusioni) in 1927 and 1948, as well as his writings of 1949 and 1962. Analysis is conducted on the succession of Betti's ideas in these works, which is traced despite the discrepancy in their theme (legal and philosophical). The author indicates &ldquo;legal&rdquo; origin of the canons of Bettis&rsquo; hermeneutics, namely the canon of autonomy of the object. Emphasis is placed on the problem of objectivity in Betti's theory, as well as on dialectical tension between the historicity of the interpreted subject and strangeness of the object that accompanies legal, as well as any other type of interpretation. The article reveals the key moment of Betti's criticism of Hans-Georg Gadamer. Regarding the question of historicity of the subject of interpretation. The conclusion is made that the origin of the general theory of interpretation lies in the approaches and methods developed and implemented by Betti back in legal hermeneutics and in studying history of law. &nbsp;&nbsp;Betti's philosophical theory was significantly affected by the idea on the role of modern legal dogma in interpretation of the history of law. Namely this idea that contains the principle of historicity of the subject of interpretation, which commenced&nbsp; the general hermeneutical theory of Emilio Betti, was realized in canon of the relevance of understanding in the lecture in 1948, and later in the &ldquo;general theory of interpretation&rdquo;. The author also underlines that the question of objectivity of understanding, which has crucial practical importance in legal hermeneutics, was transmitted into the philosophical works of E. Betti, finding reflection in dialectic of the subject and object of interpretation.

scholarly journals LOOKS of PROFESSOR V.H.DEMCHENKO (1831-1914) IN RELATION TO SHOWS OF WITNESSES AS PROOF IN RULE-MAKING IN TIME OF KYIV RUS

2019 ◽  
Keyword(s):  
Historical Research ◽  
Peter The Great ◽  
General Rules ◽  
History Of ◽  
History Of Law ◽  
True Order ◽  
Russian Law ◽  
Rule Making ◽  
Judicial Role

Historyof Law Kyiv Rus, without regard to the more than 200-years-old period of her research, continues to remain in the field of attention of scientists, and, also, politicians. One of important questions of History of Law these period is a question about rule-making and role in him shows of witnesses. This problem was studied thoroughly enough as early as ХІХ of century and one of active acting persons of discussion round this theme there was a historian of law, native of Ukraine, professor of the Kyiv university Vasyl Hryhorovych Demchenko. In the master's degree dissertation "Historical research is about the shows of witnesses as proof in matters of judicial, accoding the Russian law before Peter the Great" (in 1859), V.H. Demchenko considered becoming of such important institute of judicial law as institute of certificate in detail. A scientist marks the value of judicial proofs in general genesis of law, he underlines that before an arbitrariness was the only means of guard of rights, but development of society resulted in a volume, that next to this means already the guard of rights for cramps began to be used. He considered that the judicial aspects related to the shows of witnesses are system enough set forth in Russian True. A researcher paid attention to that Russian True talks about witnesses in most cases in connection with those the offences that must be by them validified, in accordance with every case, where this proof is required. Therefore resolutions about them matter general not rules that spread to all possible cases of their use, but touch only private, that have force only for those cases for that they are straight set. General rules some resolutions that is unconnected with determinations about separate offences matter only. A scientist underlined that the judicial role of witnesses accoding Russian True did not have been limited to only the value of them, as judicial proof. On occasion they got the certain participating in realization of process. It touched those judicial events application of that got to parties without every participation of some government bodies ( for example,zvid). In the research of V.H. Demchenko analysed a question about the capacity of witnesses for a certificate, specified also on space of application of proofs with participation of witnesses after Russian True, order of finishing telling with participation of witnesses, force of shows of witnesses. Thus, V.H. Demchenko no doubt, was one of the most skilled specialists on history law that investigated time of Kyiv Rus.

scholarly journals HENRI LÉVY-BRUHL’S DOCTRINE ON LAW AND ON THE FORMATION OF LEGAL SCIENCE OF A NEW TYPE

2017 ◽  
Vol 3 (4) ◽  
pp. 58-66
Author(s):  
Владимир Пужаев ◽  
Vladimir Puzhaev
Keyword(s):  
Scientific Discipline ◽  
Sociology Of Law ◽  
Legal Anthropology ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
True Source ◽  
History Of ◽  
New Type ◽  
History Of Law

The article is devoted to the investigation of legal ideas of Henri Lévy-Bruhl, a French lawyer and sociologist of the XX century, who is considered to be one of the founders of contemporary sociology of law, legal ethnography and legal anthropology. The author of the article analyzes the late articles of Henri Lévy-Bruhl. The author of the article examines the notion “juristique”, introduced by the French professor, and investigates its methodological and substantial peculiarities. As a scientific discipline, “juristique” was supposed to be shaped through the integration of sociology of law, history of law and comparative law into a body. The author also pays special attention to H. Lévy-Bruhl’s theoretical views on the question of law and mechanisms of its formation, on subjects of law-making and sources of law. In particular, the author considers Lévy-Bruhl’s views of collective opinion as the only true source of law, customs’ priority over legislation among all forms of law, judicial practice as the modality of a custom. The key role of Durkheim’s sociology in the shaping of Henri Lévy-Bruhl’s legal views is also highlighted. Henri Lévy-Bruhl’s particular ideas are compared with the doctrine of historical school of law. The final part of the article is devoted to formulating a series of theses which reflect the peculiarities of Henri Lévy-Bruhl’s legal views and his role in contemporary legal doctrine.

Paradox and Possibility

2021 ◽  
Author(s):  
Stuart Poyntz
Keyword(s):  
The United States ◽  
Media Technology ◽  
The West ◽  
The United Kingdom ◽  
Youth Cultures ◽  
Youth Media ◽  
Mass Reproduction ◽  
History Of ◽  
Cultural Texts

The history of youth and media culture can be examined by tracing the relationships between the production, representation, circulation, and consumption of media, technology, and cultural texts aimed at youth markets and audiences. The historical development of youth relates to larger socioeconomic, cultural, and political conditions, including the role of mass reproduction and changes in the conditions of distance that shape youth lives. Youth and mass media first melded together in the West, owing to developments in the United States and the United Kingdom. The histories of media and youth culture in other countries, however, capture differences in youth media relationships. In the contemporary period, the use of YouTube in the West and WeChat in China illuminates the globalization of youth cultures and the ongoing role of a central paradox integral to young people’s entanglements with media around the world: the key media structures that shape and contour youth lives are also the very sites where youth continue to navigate authentic meaning and experience and imagine their own futures.

Social Jurisprudence

2019 ◽  
pp. 1-26
Keyword(s):  
Social Science ◽  
Marriage Equality ◽  
History Of ◽  
History Of Law ◽  
Legal Arguments

This chapter provides a brief history of law and the role of social science in courtroom battles, further reviewing the use of social science in marriage equality cases. One of the more striking features in marriage equality litigation was the prominent role of social science in addressing issues germane to the legal arguments on both sides. The chapter concludes by discussing how social science may have influenced litigation and whether such influence was appropriate.

Part I Histories, Ch.2 Roman Law and the Intellectual History of International Law

2016 ◽  
Author(s):  
Lesaffer Randall
Keyword(s):  
International Law ◽  
Intellectual History ◽  
Middle Ages ◽  
Roman Law ◽  
Late Middle Ages ◽  
History Of ◽  
History Of Law ◽  
History Of International Law ◽  
Roman Antiquity

This chapter describes the role of Roman law—whose influence has been largely underestimated in recent scholarship—in the intellectual history and development of international law. To that end, the chapter offers a general survey of the historical interactions between Roman law and international law, drawing from general insights into the intellectual history of law in Europe that have remained remarkably absent in the grand narrative of the history of international law. The focus is on the periods in which these interactions were most pronounced. Next to Roman Antiquity, these are the Late Middle Ages (eleventh to fifteenth centuries) and the Early Modern Age (sixteenth to eighteenth centuries).

scholarly journals The Social Construction of Historical Traumas: The Polish Experience of the Uses of History in an Intelligentsia-dominated Polity

2020 ◽  
Vol 28 (6) ◽  
pp. 911-931
Author(s):  
Tomasz Zarycki ◽  
Tomasz Warczok
Keyword(s):  
Social Construction ◽  
Historical Narrative ◽  
The West ◽  
Specific Nature ◽  
Polish Experience ◽  
The Social ◽  
History Of ◽  
Historical Identity ◽  
And Control

The article argues that Poland’s mainstream national historical narrative, at least as far as the last two centuries of history of the country is concerned, is full of ‘traumatic’ motives which are regularly used and developed in diverse current political and intellectual contexts. Polish history is imagined to a large extent as an endless chain of 200 years of suffering, caused, among other things, by occupations, wars and exploitation, which are usually seen as not fully recognized in other countries, in particular in the West. The article attempts first of all to explain this specific nature of Poland’s historical identity by the privileged role of the intelligentsia, understood as a specific type of elite based on possession and control of cultural capital. It reconstructs the historical rise of the intelligentsia and its impact on the mainstream narrative in question, pointing to a selective choice of potential ‘traumas’ which are assigned a national status. They may be seen as tools to build positions in what can be called the Polish ‘field of power’, to use the notion coined by Pierre Bourdieu. The particular configuration and recent history of the field of power in Poland is reconstructed in order to explain different strategies of what can be called the social and political construction of historical traumas in Poland.

Wanted: A Comparative History of the Modern Mediterranean

2012 ◽  
Vol 46 (1) ◽  
pp. 47-53
Author(s):  
Edmund Burke
Keyword(s):  
Sixteenth Century ◽  
Third World ◽  
Dominant Role ◽  
The West ◽  
The Third ◽  
History Of ◽  
The Mediterranean ◽  
The Third World

There is something seriously flawed about models of social change that posit the dominant role of in-built civilizational motors. While “the rise of the West” makes great ideology, it is poor history. Like Jared Diamond, I believe that we need to situate the fate of nations in a long-term ecohistorical context. Unlike Diamond, I believe that the ways (and the sequences) in which things happened mattered deeply to what came next. The Mediterranean is a particularly useful case in this light. No longer a center of progress after the sixteenth century, the decline of the Mediterranean is usually ascribed to its inherent cultural deficiencies. While the specific cultural infirmity varies with the historian (amoral familism, patron/clientalism, and religion are some of the favorites) its civilizationalist presuppositions are clear. In this respect the search for “what went wrong” typifies national histories across the region and prefigures the fate of the Third World.

scholarly journals Why Europe and the West? Why Not China?

2006 ◽  
Vol 20 (2) ◽  
pp. 3-22 ◽  
Author(s):  
David S Landes
Keyword(s):  
Sixteenth Century ◽  
Property Rights ◽  
Technological Development ◽  
Free Market ◽  
Technological Advance ◽  
The West ◽  
European Science ◽  
History Of ◽  
The One

In the history of technological development, why didn't other regions keep up with Europe? This is an important question, as one learns almost as much from failure as from success. The one civilization that was in a position to match and even anticipate the European achievement was China. China had two chances: first, to generate a continuing, self-sustaining process of scientific and technological advance on the basis of its indigenous traditions and achievements; and second, to learn from European science and technology once the foreign “barbarians” entered the Chinese domain in the sixteenth century. China failed both times. What explains the first failure? I stress the role of the market: the fact that enterprise was free in Europe while China lacked a free market and institutionalized property rights; that in Europe innovation worked and paid, while the Chinese state was always stepping in to interfere with private enterprise. As for the second failure, China's cultural triumphalism combined with petty downward tyranny made it a singularly bad learner.

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