Crime, Delict, Regulation, and Public Order

This book explains how Roman law worked for those who lived by it, by viewing it in the light of the society and economy in which it operated. Written in an accessible style with the minimum of legal technicality, the book is designed for students and teachers of Roman history as well as interested general readers. Topics covered include the family and inheritance, property and the use of land, business and commercial transactions, and litigation. In this second edition, all chapters have been extensively revised and updated, and a new chapter on crime and punishment has been included. The book ends with an epilogue covering the fate of Roman law in medieval and modern Europe. David Johnston is a lawyer practising in the courts and draws on his experience of law in practice to shape the work and provide new insights for his readers.

This book explains how Roman law worked for those who lived by it, by viewing it in the light of the society and economy in which it operated. Written in an accessible style with the minimum of legal technicality, the book is designed for students and teachers of Roman history as well as interested general readers. Topics covered include the family and inheritance, property and the use of land, business and commercial transactions, and litigation. In this second edition, all chapters have been extensively revised and updated, and a new chapter on crime and punishment has been included. The book ends with an epilogue covering the fate of Roman law in medieval and modern Europe. David Johnston is a lawyer practising in the courts and draws on his experience of law in practice to shape the work and provide new insights for his readers.

This book explains how Roman law worked for those who lived by it, by viewing it in the light of the society and economy in which it operated. Written in an accessible style with the minimum of legal technicality, the book is designed for students and teachers of Roman history as well as interested general readers. Topics covered include the family and inheritance, property and the use of land, business and commercial transactions, and litigation. In this second edition, all chapters have been extensively revised and updated, and a new chapter on crime and punishment has been included. The book ends with an epilogue covering the fate of Roman law in medieval and modern Europe. David Johnston is a lawyer practising in the courts and draws on his experience of law in practice to shape the work and provide new insights for his readers.

This book explains how Roman law worked for those who lived by it, by viewing it in the light of the society and economy in which it operated. Written in an accessible style with the minimum of legal technicality, the book is designed for students and teachers of Roman history as well as interested general readers. Topics covered include the family and inheritance, property and the use of land, business and commercial transactions, and litigation. In this second edition, all chapters have been extensively revised and updated, and a new chapter on crime and punishment has been included. The book ends with an epilogue covering the fate of Roman law in medieval and modern Europe. David Johnston is a lawyer practising in the courts and draws on his experience of law in practice to shape the work and provide new insights for his readers.

This book explains how Roman law worked for those who lived by it, by viewing it in the light of the society and economy in which it operated. Written in an accessible style with the minimum of legal technicality, the book is designed for students and teachers of Roman history as well as interested general readers. Topics covered include the family and inheritance, property and the use of land, business and commercial transactions, and litigation. In this second edition, all chapters have been extensively revised and updated, and a new chapter on crime and punishment has been included. The book ends with an epilogue covering the fate of Roman law in medieval and modern Europe. David Johnston is a lawyer practising in the courts and draws on his experience of law in practice to shape the work and provide new insights for his readers.

This book explains how Roman law worked for those who lived by it, by viewing it in the light of the society and economy in which it operated. Written in an accessible style with the minimum of legal technicality, the book is designed for students and teachers of Roman history as well as interested general readers. Topics covered include the family and inheritance, property and the use of land, business and commercial transactions, and litigation. In this second edition, all chapters have been extensively revised and updated, and a new chapter on crime and punishment has been included. The book ends with an epilogue covering the fate of Roman law in medieval and modern Europe. David Johnston is a lawyer practising in the courts and draws on his experience of law in practice to shape the work and provide new insights for his readers.

This book explains how Roman law worked for those who lived by it, by viewing it in the light of the society and economy in which it operated. Written in an accessible style with the minimum of legal technicality, the book is designed for students and teachers of Roman history as well as interested general readers. Topics covered include the family and inheritance, property and the use of land, business and commercial transactions, and litigation. In this second edition, all chapters have been extensively revised and updated, and a new chapter on crime and punishment has been included. The book ends with an epilogue covering the fate of Roman law in medieval and modern Europe. David Johnston is a lawyer practising in the courts and draws on his experience of law in practice to shape the work and provide new insights for his readers.

Part 1 Comparative studies of serfdom and slavery: slvaery, serfdom and other forms of coerced labour - similarities and differences, Stanley L. Engerman some controversial questions concerning 19th-century emancipation from slavery and serfdom, Peter Kolchin. Part 2 Themes and case studies on slavery: continuity and change in Western slavery - ancient to modern times, William D. Phillips Jr the origin and establishment of Ancient Greek slavery, Tracey Rihll the hierarchical household in Roman society - a study of domestic slavery, Richard Saller emancipation in Byzantium - Roman law in a medieval society, Rosemary Morris New World slavery, Old World slavery, Howard Temperley slave exploitation and the elementary structure of enslavement, Robin Blackburn slave emancipation in modern history, David Turley. Part 3 Themes and case studies in serfdom: serfdom in medieval and modern Europe, Michael Bush on servile status in the early Middle Ages, Wendy Davies the rises and declines of serfdom in medieval and early modern Europe, Robert Brenner memories for freedom - attitudes towards serfdom in England, 1200-1350, Christopher Dyer subject farmers in Brandenberg-Prussia and Poland - village life and fortunes under manorialism in early modern Central Europe, William W. Hagen the serf economy and the social order in Russia, Steven Hoch when and why was the Russian peasantry emancipated?, Boris N. Mironov.

PRAWO RZYMSKIE – SKŁADNIK ANGIELSKIEJ DOKTRYNY I PRAKTYKI PRAWA NARODÓW?

The Journal of World Intellectual PropertyVolume 4, Issue 3 p. 403-458 Intellectual Property and Technology Due Diligence in Business Transactions (Part 1) Sheldon Burshtein, Sheldon Burshtein Partner, Blake, Cassels & Graydon, LLP, Barristers & Solicitors and Patent & Trademark Agents, Toronto, Canada, practising in the Intellectual Property and Technology Group. The author is a Canadian lawyer.Search for more papers by this author Sheldon Burshtein, Sheldon Burshtein Partner, Blake, Cassels & Graydon, LLP, Barristers & Solicitors and Patent & Trademark Agents, Toronto, Canada, practising in the Intellectual Property and Technology Group. The author is a Canadian lawyer.Search for more papers by this author First published: 01 November 2005 https://doi.org/10.1111/j.1747-1796.2001.tb00113.xCitations: 1 This article will be published in two parts; Part 2 will follow in our July issue (4 J.W.I.P. 4). The Table of Contents for both parts can be found at the end of the article. It is based on a number of earlier papers and articles: Intellectual Property Due Diligence in Commercial Transactions and Intellectual Property in Business Transactions: A Practical Course, Infonex, November 1993; Intellectual Property Due Diligence: Asset and Share Purchases: What, Why and How, and Business Transactions Involving Intellectual Property, The Canadian Institute, September 1994; Intellectual Property Due Diligence in Commercial Transactions, Spring Meeting, Patent and Trademark Institute of Canada, March 1994; Intellectual Property Due Diligence in Commercial Transactions, 11 C.I.P.R. 91, 1994; Intellectual Property Due Diligence in Commercial Transactions, Licensing Executives Society, U.S.A.—Canada, Annual Meeting, October 1994; Intellectual Property Due Diligence in Commercial Transactions, Licensing Executives Society, Annual Meeting, April 1995; Intellectual Property Due Diligence for Financing Technology Businesses, Licensing Executives Society, Canadian Regional Meeting, May 1995; Intellectual Property Due Diligence for Transactions in Converging Businesses and Financing Convergence, The Canadian Institute, September 1995; Intellectual Property Due Diligence in Commercial Transactions and Intellectual Property in Business Transactions—A Practical Course, Insight, October 1995; Intellectual Property Due Diligence in Commercial Transactions and Due Diligence, Federated Press, September 1997; Intellectual Property and Technology Due Diligence in Business Transactions and Trademarks in Business Transactions, International Trademark Association, September 1999; Intellectual Property and Technology Due Diligence in Business Transactions, Licensing Executives Society U.S.A.-Canada, Annual Meeting, September 2000; Intellectual Property and Technology Due Diligence in Business Transactions, Osgoode Hall Law School E-Business LL.M. Program, February 2001; and Intellectual Property, Technology and E-Commerce Due Diligence in Business Transactions and Critical Intellectual Property Issues for the Corporate Lawyer, Osgoode Hall Law School of York University, May 2001, and will be a chapter in a forthcoming book entitled The New Role of Intellectual Property in Commercial Transactions, edited by Lanning Bryer and Melvin Simensky and published by J. Wiley & Sons, New York, U.S.A. Another version is being included in a text on Canadian electronic commerce law to be published by Carswell, Toronto, Canada. AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat Citing Literature Volume4, Issue3May 2001Pages 403-458 RelatedInformation

The article examines the legality of transactions in the civil law of Ukraine, their historical development from Roman law to the present day, and the influence of Roman law constructions on the formation of the modern institution of transactions. Particular attention is paid to the analysis of the correlation of the concepts of «legality» and «legality» in the context of transactions, where legality is considered a broader concept, including compliance not only with the norms of positive law but also with other sources of civil law, its principles, and customs. The issue of public order as a criterion for the validity of transactions is analyzed in detail. The content of the concept of «public order» in the context of Article 228 of the Civil Code of Ukraine and its correlation with the private law nature of the transaction are investigated. The need for a broader interpretation of the concept of «public order» as an evaluation criterion enshrined in public law regulatory acts of the state is substantiated. It is proposed to consider as violating public order, transactions aimed at violating public legal regulations that determine the foundations of state order, political system, and economic security of the state. The article considers current problems of judicial practice regarding the recognition of transactions as invalid on the grounds of violating public order, in particular in cases of claims by tax authorities. The position is substantiated, according to which the definition of a transaction as violating public order should be preceded by the establishment of the parties’ intention in criminal or administrative proceedings. It is proposed to improve the mechanism for applying Article 228 of the Civil Code of Ukraine by establishing clear criteria for defining a transaction as violating public order and the need for prior establishment of the relevant offense in criminal or administrative proceedings. The study is based on a comprehensive analysis of both historical sources of Roman law and modern civil legislation of Ukraine, judicial practice and scientific works of leading civilists. The results of the study have both theoretical significance for the development of the science of civil law and practical significance for improving law enforcement practice in the field of invalidating transactions.

SIX CONTRASTING AREAS It may be useful for a better understanding of the unification debate to proceed to a more precise and technical analysis of the differences between the common law and what the famous comparatist Rene David used to call the famille romano-germanique . We shall therefore distinguish six particular areas where the differences are both striking and fundamental, following the analysis by Peter Stein, Regius Professor Emeritus of Civil Law in the University of Cambridge and a jurist who is well acquainted with the laws of his own country and those – ancient and modern – of the Continent. But first a word of warning about the Roman law of Antiquity and the Roman or civil law of medieval and modern Europe. It is a fact that European neo-Roman law is entirely based on the Roman law as recorded in Justinian's Corpus iuris , but it would be a mistake to think of the classical Roman law of the great jurists, who worked centuries before Justinian put his commission of jurists to work, as looking in any way like the treatises of Bartolus and Baldus or the Pandektenrecht of Bernhard Windscheid ( d . 1892). On the contrary, the Roman law of the classical period is in many respects closer in character to the English common law than to the modern civil-law systems which are derived from the medieval schools.

Between the years 1200 and 1600, economic development in Catholic Europe gained momentum. By the end of this period, per-capita income levels were well above the income levels in all other regions of the world. We relate this unique development to the resurrection of Roman law, the rise of canon law, and the establishment of law as a scholarly and scientific discipline taught in universities. We test two competing hypotheses on the impact of these processes on economic growth in medieval Europe. The first conjecture is that the spread of substantive Roman law was conducive to the rise of commerce and economic growth. The second and competing conjecture is that growth occurred not as a result of the reception of substantive Roman law but because of the rational, scientific, and systemic features of Roman and canon law and the training of jurists in the newly established universities (Verwissenschaftlichung). This gave the law throughout Europe an innovative flexibility, which also influenced merchant law (lex mercatoria), and customary law. Using data on the population of more than 200 European cities as a proxy for per-capita income, we find that an important impact for economic development was not primarily the content of Roman law, but the rise of law faculties in universities and the emergence of a legal method developed by glossators and commentators in their interpretation and systematization of the sources of Roman law (Corpus Juris Civilis, Digests) and canon law. The endeavor to extract general normative conclusions from these sources led to abstraction, methodology, and the rise of law as a scholarly discipline. Wherever law faculties were founded anywhere in Europe, jurists learned new legal concepts and skills that were unknown before and conducive for doing business.

The article analyzes the historical aspects of the emergence and formation of higher education in the countries of the Romano-Germanic legal family. It has been found that the traditions of higher education are laid down in the University of Bologna, which became the first famous secular scientific and educational institution, whose professors and graduates enriched science and education with new ideas, thanks to which a new humanistic worldview was formed: law should be a measure of freedom and justice in the state and society. It is substantiated that the development of education has a civilizational significance in the state-building process, but the civilizational «growth» of the state requires professional human capital. An important source of information for acquiring a system of knowledge in medieval Europe was Roman private law, which was universal in application to new economic and other conditions, regardless of their complexity. The merit of the Roman jurists is that they formalized the customary law and supplemented and developed it according to social needs. It has been proven that Roman law was «safe» for medieval rulers and in fact indispensable for the maintenance of various types of private legal relations, so there was no reason to oppose its introduction into the educational process. It was concluded that the study of Roman law in the medieval universities of Europe led to the assimilation of the formation of the legal system in a number of European states and the formation of the Romano-Germanic legal family, because the principles and norms of Roman law formed the basis of European codifications. It is important that the law of the Romans was used as an active law even in those states that did not have a legal mechanism for solving controversial issues, especially in interstate relations, because this law is saturated with classic examples of solving various life situations. Addressing them contributed to the development of the student’s skills not only in legal analysis and thinking, but also in the practical selection and application of normative material in order to solve life’s legal problems.

The article highlights a comprehensive study of the institution of legal acts in the civil law of Ukraine, tracing their evolution from Roman law to modern legal structures. The central place in the study is occupied by the conceptual distinction between the categories of “legality” and “legality” in the context of legal acts, where legality appears as a complex characteristic that encompasses not only compliance with positive law, but also consistency with the principles of civil law and legal customs. A key aspect of the study is the analysis of public order as a fundamental criterion for the validity of legal acts in accordance with Article 228 of the Civil Code of Ukraine. The author offers an expanded interpretation of the concept of public order, including violations of regulatory acts relating to the state structure, political system and economic security of the state. The practical component of the study focuses on judicial practice regarding challenging the validity of legal acts due to violations of public order, especially in cases involving tax authorities. The necessity of preliminary establishment of the intention of the parties in criminal or administrative proceedings before recognizing a transaction as violating public order is substantiated. Specific mechanisms for improving the application of Article 228 of the Civil Code of Ukraine are proposed through the introduction of clear criteria for assessing violations of public order. The methodological basis of the study is a synthesis of historical-legal and dogmatic analysis, which includes the study of the sources of Roman law, modern legislation of Ukraine, judicial practice and doctrinal provisions of civil law. The results obtained have both theoretical value for the development of civil science and practical significance for optimizing law enforcement in the field of invalidity of transactions.