scholarly journals Halfway Between Byzantium and Serbia: Marriage Provisions of the Second Žiča Charter .

2021 ◽  
Vol 2 (1) ◽  
pp. 165-211
Author(s):  
Milica Ristić
Keyword(s):  
Canon Law ◽  
Good Reason ◽  
Customary Law ◽  
Law System ◽  
Starting Point ◽  
Huge Impact ◽  
Independent Life ◽  
Legal Transplantation ◽  
Medieval Law ◽  
Marital Law

Marking the eight hundred years anniversary of the adoption of the Žiča Charter issued by Stefan Prvovjenčani is more than a good reason to closely examine the provisions of this Charter. If we think about the historical and political context of that time, it becomes clear that the Žiča Charter provides direct information on the formative processes of the Serbian state and church. Žiča was not only the seat of the new Serbian archdiocese, but also had a central role in building the cult of the Nemanjić dynasty and especially of Stefan Prvovjenčani as its first king. The Žiča Charter, one of the oldest Serbian legal monuments, represents the determination of the first Serbian king to create a powerful Serbian state and strengthen the Serbian Orthodox Church, which would be the base of the political and legal program not only for Stefan Prvovjenčani, but also for his successors. This is reminiscent of the „symphony doctrine” that was copied from Byzantium, and in that copying, no branch of law, including marriage law, was spared. The most important part of this Charter are definitely the norms dedicated to marital law, which show that general political tendencies had a huge impact on private law too. Many legal transplants such as the prohibition of arbitrary divorce, the prohibition of kidnaping as a way of separating spouses or dowry institutions have caused radical changes in Serbian marital law; however, they were not immune to transformations under the influence of customary law and attitudes of the society of medieval Serbia. It once again proves the thesis of professor Alan Watson who claimed that legal transplants have their own, independent life in the law system that accepted them. When it comes to Serbian medieval law, that life started very early. The influence of Roman-Byzantine and canon law was already felt in the Nomokanon of Sveti Sava, and then in the Žiča Charter; in later regulations of Serbian medieval law this influence becomes quite obvious. The main topic of this paper will be the process of legal transplantation in marital law from the Byzantine Empire to Serbia and the author will also try to discover and explain certain regularities and deviations in that process. Тhe analysis of the marital provisions of the Žiča Charter is naturally imposed here as a starting point.

The Use of Alliteration in a Norwegian Medieval Law – just for Fun?

2019 ◽  
Vol 49 (2) ◽  
pp. 232-251
Author(s):  
Torgeir Landro
Keyword(s):  
Canon Law ◽  
Customary Law ◽  
Ecclesiastical Law ◽  
Legal Traditions ◽  
Medieval Law ◽  
The Church ◽  
The Ideal ◽  
Medieval Canon Law

Abstract The article explores the use of alliteration in an ecclesiastical law from medieval Norway. While earlier scholars considered alliteration to be a remnant from preliterate times, von See’s and Ehrhardt’s studies revealed that alliteration was more frequent in younger laws, and therefore supposedly introduced by the Church and the royal government. The material from the Norwegian law confirms that the alliterative formulations are added later on. However, in this particular case, the alliteration has contributed to corrupting the content, an observation which clashes with the ideal of clarity, which was also important in medieval canon law. This fact, in turn, leads to the conclusion that the paragraph draws on different legal traditions, both native, customary law and learned, canon law.

scholarly journals Honoring Innocent Until Proven Guilty

2019 ◽  
Vol 6 (4) ◽  
pp. 41-70
Author(s):  
Stephen Rispoli
Keyword(s):  
Rule Of Law ◽  
Prison Population ◽  
Good Reason ◽  
Economic Consequences ◽  
Default Rule ◽  
Pretrial Release ◽  
Pretrial Detention ◽  
Law System ◽  
Constitutional Protections ◽  
A Current

Texas’s current prison population consists of far more pretrial detainees than convicted criminals. Despite United States and Texas constitutional protections, the default rule in many jurisdictions, including Texas, detains misdemeanor and non-violent felony defendants unless they can post a monetary bond or get a surety to post the bond for them (“bail bond”) to obtain their release. Most pretrial detainees remain detained due not to their alleged dangerousness, but rather because they simply cannot afford to post bail (or get someone to post it for them). As a result, many pretrial detainees find themselves choosing between hamstringing their financial future or remaining in detention until trial. If Americans are serious about “honoring the presumption of innocence,” we must reform the way that misdemeanor and non-violent felony defendants are treated while awaiting trial. Rather than treat them as guilty and keep them in jail unless they can pay for their release, the standard should be to release them unless there is a very good reason for not doing so. By changing the default option from pretrial detention to pretrial release, many Texas judges will be more pre-disposed to release misdemeanor and non-violent felony defendants on conditions other than the posting of monetary bail. This switch will result in fewer people being detained simply because they cannot afford to be released—which will prevent adverse economic consequences to already disadvantaged citizens. Proposed reform has been discussed for decades. Reforming the bail system in Texas is a current, critical need. This criminal justice issue undermines the public’s faith in our system of justice and detrimentally affects the economic and social status of countless citizens who will ultimately be found not guilty. Doing nothing weakens our overall rule-of-law system and ultimately erodes the foundation upon which our society is built.

scholarly journals Penyelesaian Sengketa Perbatasan Darat di Segmen Bidjael Sunan – Oben antara Indonesia dan Timor Leste

2020 ◽  
Vol 5 (2) ◽  
pp. 252
Author(s):  
Dewa Gede Sudika Mangku
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
East Timor ◽  
Customary Law ◽  
Normative Study ◽  
Law System ◽  
The People ◽  
Boundary Disputes ◽  
Timor Leste ◽  
West Timor

This study aims to analyze the settlement of land border disputes in the Sunan-Oben Bidjael Segment between Indonesia and Timor Leste based on international law. This research is a normative study that uses a statutory editor. The results of this study indicate that both Indonesia and Timor Leste have formed a Joint Border Committee as a forum for resolving land boundary disputes which was then continued to form the Technical Sub-Committee on Border Demarcation and Regulation (TSC - BDR) which has agreed to use the Convention for the Demarcation of Portuguese and Dutch Dominions on the Island of Timor 1904 (Treaty 1904) and Permanent Court of Arbitration 1914 (PCA 1914) as the legal basis for determining and confirming land boundaries between Indonesia and Timor Leste. Based on the 2005 Provisional Agreement Article 6 point (b), which implies that local communities, in this case, indigenous peoples / traditional leaders at the borders are given space to be involved in the dispute resolution process that occurs on the border of the two countries by promoting peaceful and non-violent methods in accordance with Article 8 Provisional Agreement 2005. Whereas the people who inhabit West Timor (Indonesia) and the people who live in East Timor (Timor Leste) have the same socio-cultural background, so it can be ascertained that the customary law system that applies in these two groups of people the same. The substance of the customary law can regulate land issues, as well as the boundaries of customary territories, the potential for customary leaders to actually play a negotiating role to resolve these problems.

scholarly journals Hukum Waris terhadap Anak Adopsi dalam Perspektif Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Best Interests ◽  
Adopted Children ◽  
Inheritance Law ◽  
Law System ◽  
Biological Parents ◽  
The Family

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.

Custom, Law, and Monarchy

2021 ◽  
Author(s):  
Marie Seong-Hak Kim
Keyword(s):  
Early Modern ◽  
Canon Law ◽  
Essential Element ◽  
Customary Law ◽  
Roman Law ◽  
French History ◽  
Legislative Authority ◽  
The People ◽  
Modern France ◽  
Internal Coherence

Ancien régime France did not have a unified law. Legal relations of the people were governed by a disorganized amalgam of norms, including provincial and local customs (coutumes), elements of Roman law and canon law that together formed jus commune, royal edicts and ordinances, and judicial decisions, all coexisting with little apparent internal coherence. The multiplicity of laws and the fragmentation of jurisdiction were the defining features of the monarchical era. A key subject in European legal history is the metamorphosis of popular customs into customary law, which covered a broad spectrum of what we call today private law. This book sets forth the evolution of law in late medieval and early modern France, from the thirteenth through the end of the eighteenth century, with particular emphasis on the royal campaigns to record and reform customs in the sixteenth century. The codification of customs in the name of the king solidified the legislative authority of the crown, the essential element of the absolute monarchy. Achievements of French legal humanism brought French custom and Roman law together to lay the foundation for the French law. The Civil Code of 1804 was the culmination of these centuries of work. Juristic, political, and constitutional approaches to the early modern state allow an understanding of French history in a continuum.

scholarly journals PEMBERIAN HAK WARIS BAGI ANAK PEREMPUAN DI BALI DALAM PERSPEKTIF KEADILAN

2017 ◽  
Vol 5 (4) ◽  
pp. 639
Author(s):  
I Nengah Ardika
Keyword(s):  
Gender Equality ◽  
Customary Law ◽  
Fundamental Change ◽  
Legal Research ◽  
Men And Women ◽  
Law System ◽  
Library Research ◽  
Substantive Justice ◽  
The Times ◽  
Male Lineage

Law of inheritance under Balinese customary law has made daughters as heirs. This is a fundamental change in view of Balinese customary law is more concerned with the male lineage. In this study addressed two issues namely 1) What is the basic consideration of granting inheritance rights for girls in Bali? 2) Does the inheritance under customary law Bali already reflect justice?. This study uses normative legal research, that examines the conflict of norms between Decision The Assembly General MUDP Bali No. 01 / KEP / PSM-3 / MDP Bali / X / 2010, Decision of Supremen Court regarding heirs of men and women in customary law system similarly, patriarchy. Legal materials collected through library research. The analysis is conducted qualitatively. Philosophically, granting inheritance rights to daughters in Bali reflects substantive justice. Legally granting inheritance rights in accordance reflect gender equality. Sociologically, the equality between men and women is in conformity with the times. Inheritance under customary law Bali already reflect justice. The Assembly decision MUDP Bali Agung No. 01 / KEP / PSM-3 / MDP Bali / X / 2010 is a product of gender responsive laws. Hukum waris menurut hukum adat Bali telah membuat anak perempuan sebagai ahli waris. Hal ini adalah perubahan mendasar dalam hukum adat Bali yang lebih memperhatikan garis keturunan laki-laki. Dalam penelitian ini dibahas dua permasalahan  yaitu 1) Bagaimanakah dasar pertimbangan pemberian hak waris bagi anak perempuan di Bali?dan 2) Apakah pembagian warisan menurut hukum adat Bali sudah mencerminkan keadilan? Penelitian ini merupakan penelitian hukum normatif, yang meneliti mengenai konflik norma antara Keputusan Majelis Umum MUDP Bali Nomor 01 / KEP / PSM-3 / MDP Bali / X / 2010, Keputusan Pengadilan tentang ahli waris laki-laki dan perempuan dalam hukum adat sistem patriarki. Bahan hukum dikumpulkan melalui studi kepustakaan. Analisis dilakukan secara kualitatif. Secara filosofis, pemberian hak waris untuk anak perempuan di Bali mencerminkan keadilan substantif. Secara hukum, pemberian hak waris mencerminkan kesetaraan gender. Secara sosiologis, kesetaraan antara laki-laki dan perempuan sudah sesuai dengan perkembangan zaman. Warisan menurut hukum adat Bali sudah mencerminkan keadilan. Keputusan Majelis MUDP Bali Agung Nomor 01 / KEP / PSM-3 / MDP Bali / X / 2010 adalah produk gender hukum responsif.

A Byzantine(?) castle in the Val di Magra: Surianum—Filattiera

1956 ◽  
Vol 24 ◽  
pp. 14-21
Author(s):  
D. A. Bullough
Keyword(s):  
Good Reason ◽  
Late Medieval ◽  
Mountain Ranges ◽  
The North ◽  
Starting Point ◽  
The Village

The steep-sloped, one-hundred-and-ninety-foot hill on the north crest of which lies the village of Filattiera dominates the valley of the Magra between Pontremoli and Aulla and provides a remarkable view of the mountain-ranges to the northeast, north and west. The village itself still has very much the appearance of a late-medieval community in which considerations of defence predominated over all others. First recorded in 1029 among lands sold to the Otbertings and subsequently an important ‘fief’ of the Malaspina, Filattiera's documented history is carried back another three centuries by a unique inscription of the reign of Aistulf (749–757) discovered in 1910 in the chapel of S. Giorgio. In spite of a puzzling reference to the destruction of idols, there seems no good reason for doubting the inscription's authenticity. It has been the starting-point of a number of local studies of great interest, coming in particular from the pen of Signor U. Formentini, which because of their publication in periodicals with a limited circulation have not attracted the attention they deserve.My own interest in Filattiera was aroused by the statement of a guide-book that the chapel of S. Giorgio was associated with the remains of a ‘castle.’

Vom Seedarlehen zur Versicherung in der mittelalterlichen Rechtswissenschaft

2016 ◽  
Vol 133 (1) ◽  
Author(s):  
Sebastian Lohsse
Keyword(s):  
Canon Law ◽  
Legal Discourse ◽  
Insurance Contract ◽  
Loan Contracts ◽  
Medieval Law

AbstractThe Evolution from Sea Loans to Insurance in the Medieval Legal Discourse. In medieval law sea loan contracts are faced with the canon law prohibition of usury. The lender thus may not claim any interest on the loan. Moreover, by the decretal Naviganti the lender is also charged with usury when asking for a compensation for taking over the risk of transport by ship. The article considers the question of how and on which basis jurists subsequently justified the legitimacy of such a premium for the adoption of risk and how thereby the insurance contract originated as a spin-off of the sea loan.

scholarly journals MEMBUKA TABIR KESADARAN HUKUM

2017 ◽  
Vol 4 (2) ◽  
pp. 11
Author(s):  
Ahkam Jayadi
Keyword(s):  
Customary Law ◽  
Law System ◽  
Cultural Support ◽  
Sense Of Justice

AbstractForm of law function and target require the existence of cultural support of sense of justice and law. Cultural of Indonesia law formed of customary law and religion law (Islamic) which during hundreds of year have lived. Fatal of him Colonist of Dutch bringing new law system, hence customary law and religion law placed on course under Europe law. The Paradigm permanent and continued by government. Customary law even no longger esteem as a system punish and religion law only esteemed to dismember. As a result in the middle of society woke up by culture punish and sense of justice which is majemuk with ill defined form. Culture punish and formed sense of justice become pemicu the happening of conflict of horizontal vertical conflict and in the middle of society.  Keyword : Sense Of Justice Mewujudnya tujuan dan fungsi hukum mensyaratkan adanya dukungan budaya hukum dan kesadaran hukum. Budaya hukum Indonesia terbentuk dari hukum adat dan hukum agama (Islam) yang selama ratusan tahun telah hidup bermesraan. Celakanya Penjajah Belanda yang membawa sistem hukum baru, maka hukum adat dan hukum agama ditempatkan pada posisi dibawah hukum Eropa.  Paradigma tersebut dilanggengkan dan dilanjutkan oleh pemerintah. Hukum adat bahkan tidak lagi dihargai sebagai sebuah sistem hukum dan hukum agama hanya dihargai sepenggal-sepenggal. Akibatnya di tengah masyarakat terbangun budaya hukum dan kesadaran hukum yang majemuk dengan wujud yang tidak jelas. Budaya hukum dan kesadaran hukum yang terbentuk menjadi pemicu terjadinya konflik horizontal dan konflik vertikal di tengah masyarakat.Kata kunci : Kesadaran Hukum

scholarly journals HAK KOMUNAL ATAS TANAH SEBAGAI HAK ATAS TANAH DESA PAKRAMAN DI BALI

2019 ◽  
Vol 13 (2) ◽  
pp. 9
Author(s):  
Made Oka Cahyadi Wiguna
Keyword(s):  
Social Interaction ◽  
Indigenous Peoples ◽  
Legal Protection ◽  
Land Rights ◽  
Customary Law ◽  
Law System ◽  
Village Leader ◽  
Communal Land ◽  
The Subject ◽  
The Government

The government has indeed provided legal protection and certainty to indigenous peoples regarding their ulayat lands, through a Ministerial Regulation. However, it needs to be studied more deeply about the concept of communal rights to land and Pakraman village as the subject of communal rights holders on land. Communal rights to land are conceptualized as models of land rights that have just been raised in the national land law system. The consequence is that indigenous and tribal peoples as communal rights holders are authorized to use and benefit from their communal land. Pakraman village qualifies as a subject of communal rights to land because Pakraman village in Bali is classified into the community of the community, has a system of customary government referred to as the traditional prajuru led by a customary village leader. Then Pakraman village has a legal area called the Palemahan Pakraman village. As an instrument that regulates the life and social interaction of the community, awig-awig is the customary law of the community in a Pakraman village in Bali.

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