Law In Antiquity Research Articles

The Changing Policies on the Protection and Management of Archaeological Sites in Turkey: an Overview

The earliest legislation in Turkey on the protection of antiquities was devised by the Ottomans, the forerunner of modern Turkey, issued in 1869 specifically to protect archaeological sites and regulate the archaeological excavations that were taking place in various parts of the Empire. The Ottoman antiquities law continued to be in force after the foundation of the Turkish republic, and revised as late as 1973 to accord with approaches that took place in Europe. The main concern of the legislation was to establish rigid control over archaeological excavations, discouraging new projects, thus hindering the availability of new data on cultural history. It was only in the late 1990s that the government decided on a new policy to encourage tourism by encouraging new tourist routes based on coastal areas and selected ancient ruins, such as Ephesus and Pergamon. This new approach opened up fresh pathways; a concern about cultural assets, among them archaeological sites that had been overlooked. Meanwhile, priority was given to enrich Turkey's place in the UNESCO World Heritage List by proposing archaeological sites that can readily fulfil UNESCO's requirements. Thus, currently 13 out of 18 World Heritage Sites in Turkey are archaeological.

Implementation of federal laws in the regions

In the Iraqi model of federalism, the federal legislature is enacting legislation that is tend to be implemented in its constituent regions. However, there is only one region within Iraq, the Kurdistan Region. Despite the fact that establishing other region in Iraq is not contradicting with legal and constitutional statutes, no other regions have been established in Iraq. What should be looked into in the mechanism of legislations issued by the Iraqi Parliament within Kurdistan Region is that: is it necessary to implement all the laws in the Kurdistan Region? Taken into consideration that the Iraqi Parliament is enacting two types of legislations, local and federal legislations. This led us to make differentiation between the two types of legislation and thus the mechanism of implementation of such legislation within the Kurdistan Region and those provinces outside Kurdistan Region. The constitutional areas that the federal legislature is entitled to issue are four, including: exclusive competencies, common competencies, competences related to the establishment of federal bodies and their institutions, and the sparse aspects. As for the implementation of the federal laws in the provinces or the Kurdistan Region of Iraq, the result is the adoption and application of the mixed management or implementation method, given that the federal government itself implements federal laws, especially those relating to the majority of exclusive competencies that it practiced by the federal authorities. Besides, there are federal laws implemented through a joint administration between the federal government and the Regional Government (such as the Customs Law, the Antiquities Law, Oil and Gas Law ...etc. The study concluded that two proposals were submitted to the constitutional legislator and the ordinary law legislator in Iraq in order to determine the nature of the federal legislation and separate it from the domestic legislation, and thus to explicitly stand on the mechanism of implementation of federal laws in the regions.

Cutting a Long Story Short?: Underwater and Maritime Archaeology in Cyprus

Abstract Since the 1960s, underwater archaeological work in Cyprus has been conducted by non-Cypriot teams, although the local archaeological community always acknowledged the importance of the sea in the history of the island. During the last decade, the field has been incorporated in the local academic activity and several underwater projects have been conducted by the University of Cyprus. Moreover, the Department of Antiquities has created conservation facilities and has made significant changes in the Antiquities Law in order to ensure the protection of underwater antiquities. This paper discusses the different aspects of maritime archaeology that have been developed in Cyprus through the years, as well as the local social and political contexts that have impacted them. The discussion touches on similar patterns attested in the history of the discipline in other Mediterranean countries.

Israel at 70: Heritage Preservation and Social Resilience

Israel at 70:Heritage Preservation and Social Resilience Yossi Ben-Artzi (bio) The strength of the State of Israel on its 70th anniversary is generally assessed in such standard terms as security, international status, economics, medicine, science, and social services. Its social strength as a democratic state can be appraised daily in its social security system, control over the Palestinian population in the West Bank, and the tense internal relations between political trends, religious affiliation, gender discrimination, and class stereotypes within Israeli society. The article deals with the cultural component of social resilience, and purports to describe and analyze to what extent Israel at 70 is prepared to look at its distant and recent past with its eyes wide open, in terms of preserving the historical evidence of its tangible heritage. It deals with the issue of preservation of the country's heritage and the readiness of Israel to advance toward maturity as regards this heritage and its role in the current landscape. The opening remarks of the State Comptroller's 2005 report on the preservation of historical sites in Israel, noted: The preservation of buildings and sites of cultural, historical and architectural value attests to the attitude of society toward its past and its values, which are in harmony with the principles of sustainable development, whose purpose is to ensure the preservation of material and spiritual resources for future generations as well. The loss of sites and historical buildings depletes the cargo of collective memory and therefore it is appropriate to preserve them.1 The State Comptroller is mandated to deal with issues related mainly to the existence and/or fulfillment of the provisions of the Fourth Appendix to the Planning and Building Law of 1991, which is erroneously identified as the Law for the Preservation of Sites and is primarily in charge of [End Page 84] the establishment of Preservation Committees and preservation lists in local authorities. This addendum, which at the time of its enactment was applauded by activists lobbying for the preservation of historical sites in Israel, was merely one step toward the development of a policy toward the preservation of sites in Israeli society but did not bring about a fundamental change. Moreover, to this day, in Israel's 70th year, it has no governmental authority comparable to the Israel Antiquities Authority (IAA) or the Nature Conservation and National Parks Authority, which have supervisory and enforcement powers. The time has come to scrutinize the past as a significant factor in shaping the image of Israeli society in the future, to deal with the past of the country and the heritage of all the factors that have shaped its cultural landscapes. HISTORICAL BACKGROUND British rule introduced new notions of conservation of the landscape in general and historical sites, especially in Jerusalem, in particular. However, the British were fully aware that the Holy Land was replete with ancient remains that they could not protect. As early as December 1918, the military command issued an "Antiquities Ordinance", and in October 1920, the Civil Administration established by virtue of the Mandate issued a similar order. Soon after, the "Department of Antiquities" was set up. The State of Israel followed their example, and in 1978 enacted a new and more advanced law, which granted the IAA extensive powers and improved methods of enforcement. This Authority also initiates the rehabilitation of antiquities sites and their integration into national parks as well-maintained tourism and study locations. The Antiquities Law is based on the definition of an antiquity as an asset made before 1700 ce or a zoological or botanical relic dating back as far as the year 1300 ce. Thus, this law did not cover any structure or other human action affecting the landscape after 1700 and exposed the entire built heritage of the past 300 years to disrepair and destruction, and to absolute dependence on the 1965 Planning and Building Law, and its substantive conception was regulatory; that is, the regulation of physical planning in Israel by creating a planning mechanism, the issuance of permits and authorizations for construction, road works, and infrastructure. In contrast to the Antiquities Law on structures of historical value, it exposed [End...

‘Amne adverso’ means ‘looking upstream’. Remarks on the book by Laurent Waelkens, ‘Amne Adverso’. Roman Legal Heritage in European Legal Culture (Leuven University Press, 2015)

Arnaldo Momigliano, an Italian historian and an internationally renowned professor of classics and Roman law in particular, in the late sixties of the twentieth century, expressed the view about the end of the history of law as a discipline independent from positive law. This opinion led to the formation of two diff erent approaches towards the study of Roman law: researchers practicing pure history of the ancient world (the so-called antiquisti), who combine historical and philological sciences and are detached from the contemporary law; and legal historians, who regard dialogue between legal historians, including Romanists, and representatives of various legal dogmatics as necessary. The first approach undoubtedly marginalises Roman law in the context of disciplines taught at universities, while the second one allows a discursive cooperation with other disciplines of law, especially positive law and legal comparatistics, or even theory and philosophy of law. According to supporters of the second approach, modern law dates back to Roman law which provides the basis for agreement between academics. From time to time reformers of legal studies have stressed the need for such model of legal studies which would equip graduates with knowledge that prepares them in the best way for their future profession, which undoubtedly is of paramount importance for the proper functioning of society. Lectures on Roman law, in its ancient and subsequent incarnations, make sense when the taught materia is associated with problems disputed in the current curriculum studiorum. What is more, the search for crossreferences between various scientifi c materiae is a rational postulate on the level of scientific research, especially that its strength is refl ected by the quality of research. The presented review of ‘Amne Adverso’. Roman Legal Heritage in European Legal Culture (Leuven University Press, 2015), the book by Laurent Waelkens, not only discusses the content, but addresses as well such issues as the presence and shape of law in Roman antiquity and its topicality for subsequent generations of lawyers - representatives of diff erent historical schools. Finally, the review presents a possible rational model of the presence of Roman law in modern academic reality, particularly in today legal education

Akanthou-Arkosykos, a ninth Millenium BC coastal settlement in Cyprus

The site of Akanthou-Arkosykos, also known as Tatlısu-Çiftlikdüzü, (henceforth Akanthou) located on the north coast of Cyprus, been dated to Early Aceramic Neolithic or Cypro-PPNB/MPPNB 8200–7700 BC. It has been revealed as one of the most important early Aceramic Neolithic sites on Cyprus. Rescue excavations since 2000 were undertaken to assess the site and protect it from agricultural damage and threats from construction. The site is now a scheduled monument protected under the Antiquities law. Despite plough and other agricultural damage there is excellent preservation. The excavations have revealed six buildings of stone and mud brick architecture with round and rectilinear features and painted plastered walls and plaster floors. These are enclosed by a wide ditch to the south of the settlement. This feature contains hundreds of individual deposits reflecting the life of a sedentary community and evidence for human exploitation of marine life, domesticated plants and a variety of domestic and semi-domesticated animals. Obsidian finds numbering in excess of 4000 pieces represents the highest number of such finds from Cyprus so far. They have been demonstrated to be of central Anatolian origin and appear to have come to the site as finished products. Akanthou is 40 miles across the sea from the Anatolian mainland and is possibly a key-site that can answer questions regarding the origin of early settlers as well as early domestication and trade in Cyprus.

Perishing Heritage:

Perishing Heritage:

Modifying the legislative structure for the protection of monuments to serve the cultural, economic and tourist importance of the monument

Due to the economic, cultural and tourist importance of the Egyptian antiquities, many international organizations such as UNESCO have adopted the protection of cultural property within the 1954 Hague Convention which prohibits the looting and theft of any cultural property, as well as the protection of antiquities law No. 117 of 1983 and the new antiquities protection law. In 2010

‘Where angels fear to tread’: ethics, commercial archaeology, and extractive industries in southern Africa

This paper draws from two main examples of commercial archaeology, one in South Africa and the other in Namibia, associated with large-scale mining in southern Africa and interrogates the associated ethical issues. It argues that while continuous talk is made about the arrogance of miners, archaeologists must put their house in order by practising good ethics, minimising politics between themselves and being prepared to accept compromises with development to secure a more positive heritage future. Indeed, the issue of ethics has dogged the relationship between archaeology and extractive industries in southern Africa since the late nineteenth century. The power of the mining industry nevertheless meant that southern African mining legislation continued to supersede antiquities laws throughout the twentieth century. However, the emergence of developer-funded environmental impact assessments (EIAs) in the 1970s led to greater demands for accountability and by the 1990s extractive industries were obliged by law in most southern African countries to carry out EIAs throughout the mining process, which spawned a boom in commercial archaeology. Today, as Africa experiences sustained economic growth fuelled by extractive industries, ethical questions continue to be raised regarding the mining industry's commitment to heritage protection. Few, however, seem aware that extractive industries can bestow significant favours upon archaeology, particularly in the areas of site discovery, conservation, training and the funding of basic research.

Management of the underwater and coastal archaelogical heritage in Israel's seas (I)

The Maritime cultural heritage of Israel reflects important chapters in the history of humanity, including the Neolithic revolution and the beginning of agriculture, the emergence of the first empires and the foundation of the three monotheistic religions. Erosion due to sea level rise and human activity is destroying important coastal and underwater archaeological sites. Low levels in the Sea of Galilee and the Dead Sea exposed many archaeological remains, which are threatened by erosion, treasure hunting and coastal development. Without intensive rescue and protection activities, the valuable cultural maritime heritage will vanish within a few decades. Legal and operational tools are currently applied in order to assure integrated coastal zone management, to control coastal development and to protect the marine cultural resources. Among these are the Antiquities Law, the Planning and Building Law, the Nature and Parks Law and the Law for the Protection of the Coastal Environment. Coastal and underwater sites are mapped and monitored, protected coastal and underwater sites are declared and rescue surveys are carried out in the endangered sites. A national risk assessment document of the coastal and underwater heritage and detailed preservation and protection plans have been prepared. Pilot projects for protecting and preserving the sea walls of Ashkelon, Apollonia and Akko were completed and several damaged harbors in the Sea of Galilee were reconstructed.

Law, Custom, and Justice in Late Antiquity and the Early Middle Ages: Proceedings of the 2008 Byzantine Colloquium. Edited by A.Rio. Centre for Hellenic Studies Occasional Publications. London: King's College London School of Humanities. 2011. viii + 203 pp. £6.

Law, Custom, and Justice in Late Antiquity and the Early Middle Ages: Proceedings of the 2008 Byzantine Colloquium. Edited by A.Rio. Centre for Hellenic Studies Occasional Publications. London: King's College London School of Humanities. 2011. viii + 203 pp. £6.

Transforming Relations: Essays on Jews and Christians Throughout History in Honor of Michael A. Signer (review)

Reviewed by: Transforming Relations: Essays on Jews and Christians Throughout History in Honor of Michael A. Signer Zev Garber Transforming Relations: Essays on Jews and Christians Throughout History in Honor of Michael A. Signer, edited by Franklin T. Harkins. Notre Dame: University of Notre Dame Press, 2010. 476 pp. $50.00. Transforming Relations is a collection of insightful essays that speak on the interaction between Jews and Christians in antiquity, the medieval period, and the modern era. It honors the important work of Michael A. Signer, the Adams Professor of Jewish Thought and Culture at the University of Notre Dame from 1992 until his death in 2009. The chapters treat various aspects of the Jewish-Christian relationship through the centuries, including the centrality of and departure from scriptural law in antiquity, reflections on Christianity in the Talmud and Midrashim, medieval Christian hermeneutics and Hebraism, and the appreciation of Judaism in modern Christianity. The essays focus on issues that permeate Signer's own scholarly work, namely, that shared scriptural texts and commentary serve simultaneously as a point of convergence and divergence for Jews and Christians, and that meaningful contemporary interfaith Jewish-Christian dialogue recognizes similarity and difference by participants who draw from separate but equal streams of monotheistic traditions. To honor the memory and work of Michael Signer, editor Franklin T. Harkins has assembled a cadre of friends and colleagues, admirers all of the honoree and his contribution to scholarship. The book's front matter contains [End Page 162] a dedicatory poem in memory of Michael by Cyril O'Regan, a foreword by John van Engen, and an introduction by Franklin T. Harkins on Signer's study of historical Jewish-Christian exegesis. The volume is divided in two parts. Essays in Part One ("Ancient and Medieval Perspectives: Exegesis, Polemic, and Cultural Exchange") begin with Arnold Band's personal reminiscence of the professor-student relationship and the seeds of textual methodology planted at UCLA in the early 1960s. David Novak focuses on the centrality of Torah from Sinai and its historical role in the parting of the ways and dialogical healing between Pharasaic Judaism and Pauline Christianity; and Israel Jacob Yuval speaks of the merits of "parallelmania," not polemics and apologetics, when early Christian texts mix with rabbinic literature. The next essays deal with personalities and schools of Jewish and Christian exegetes and teaching in twelfth-century northern France. Grover A. Zinn discusses the multiple ways that Psalms affected the spiritual life and theological education affecting the canons of the Parisian Abbey of St. Peter. By dissecting the theoretical framework of Hugh of St. Victor, Dale Coulter shows interpretive similarities (plain meaning, history connected to narratives affixed to events, word and syntax interpretation) between Victorines and their Jewish counterparts. Likewise, Boyd Taylor Coolman and Franklin T. Harkins engage in similar activity in researching Hugh's students, Richard of St. Victor and Andrew of St. Victor, respectively. All three chapters reflect pivotal texts that exemplify borrowing, polemics, and advancement. Deborah L. Goodwin contrasts the literal and allegorical approaches of Rabbi Samuel ben Meir (Rashbam) and Peter Comestor in reading the narrative of Rebekah's children, Esau and Jacob (Gen 25-27) Rashbam's commentaries on Lamentations and the Song of Songs is the focus of Sara Yapet's chapter. E. Ann Matte elaborates on the overlapping eschatological layers of the Wandering Jew in medieval Christianity (killers of the Lord, testifiers to his Second Coming and fulfilled in ecclesiastical conversion). Leslie Smith concludes that the Postilla in totem bibliam (commentary on the whole Bible) is the collaborate scholarship of the Dominican master and administrator Hugh of St. Cher's and Mendicant scholars. Arjo Vanderjagt posits that the mastery of Hebrew by Wessel Gansfort (1419-1489) was not for dialogue but for the conversion of Jews and to enhance piety and devotion by Christians to Jesus. Finally, Jeremy Cohen probes a story narrated by Solomon ibn Verga in his Shevet Yehudah that speaks of the nefarious charge of blood libel in sixteenth-century Spain and Portugal; the price to overcome was separation in body, space, and Jewish-Chritian scholarly encounter. Part Two presents a variety of ways that Jews and Christians encounter and entangle in...

A Lawyer Looks at U.S. Antiquities Laws

The legal issues involved in trading antiquities across international borders are very complex; cases hinge on points that, to archaeologists, often seem to have little relevance to archaeological issues, or even to our sense of what the law ought to be. A New York City art dealer was caught red-handed bringing into the U.S. Peruvian antiquities worth, reputedly, about a million dollars (see below). He had no export permit from Peru. Peru's antiquities laws require a permit for the export of all antiquities. It would seem very clear, then, that this dealer was engaged in an illegal activity. Unfortunately, perhaps, it is not that simple.

As interpretações do ius fetiale e a inaplicabilidade de conceitos modernos à cultura romana antiga DOI:10.5007/2177-7055.2010v31n60p225

This article is a stamp and analyzes the historiographical interpretations of the doctrine on the set of rules that constitutethe ius fetiale from the nineteenth century, highlighting the different conceptions of the modern relationship between law and religion in Antiquity. As a consequence of the theories, ius fetiale was and is still often treated as strictly religious, not being recognized as a right, as “international law”, as “foreign publiclaw”, or “supranational law.” It is observed in these lines from one side to the assumption of the concept of “state” and the mutilation of historical reality, and from the other, the understanding of the Roman universalism, the specificities of their culture.

Legal history in Belgium

This article deals with the situation of legal history in Belgium. However, it is neither a survey of the research done by Belgian legal historians nor a bibliography of Belgian legal history. For that, the reader can be referred to John Gilissen’s 1971 bibliography1 and later articles about legal history in the Low Countries by Paul Nève2 and Laurens Winkel3 in the Zeitschrift für neuere Rechtsgeschichte and most of all Xavier Rousseaux’s Crime, justice et droit4, of which a new and expanded version is forthcoming. Therefore, footnotes with bibliographical references will be kept to a minimum in this text. Needless to say, the following cannot be a perfect account of the situation of legal history in Belgium, but only a short introduction to the teaching of legal history and its general structures in Belgium. A final introductory remark is that this article will not deal with the study of Roman law in Antiquity, even though the teaching of Roman law at the universities will be mentioned. I. The historical determinants The study of legal history in Belgium is, as one might expect, to a large extent determined by its history5. The country itself may be a fairly recent creation, but its roots go back to the Middle Ages. After the fall of the Roman Empire there was little to indicate that once Belgium would come into existence. The territories which were later to become Belgium were part of the Merovingian and Carolingian kingdoms and can even be said to have formed their heartl

The Marriage Revolution in Late Antiquity: The Theodosian Code and Later Roman Marriage Law

Although much scholarly work has already been done on Roman marriage law, most of it deals with the classical era, and little has been done to explore the remarkably radical changes to marriage law in Roman law in late antiquity, that is, during the fourth and fifth centuries C.E. The Theodosian Code provides a unique and valuable source of information, despite the limitations evident in any legal text, on a wide range of legal issues pertaining to marriage: the necessity of marriage, the choice of marriage partner and consent to marriage, marriage payments, adultery and divorce, remarriage and inheritance, and even the marriages of slaves, soldiers, and clerics, and same-sex marriage. The extent of the changes revealed even demands new questions about the influence of Christian ideology on later Roman law.

Law, Society, and Authority in Late Antiquity. Edited by Ralph W. Mathisen

Law, Society, and Authority in Late Antiquity. Edited by Ralph W. Mathisen

Constructing Identities on Marbles and Terracotta: Representations of Classical Heritage in Greece and Turkey

During the late 18th century and after,Western Europeans construed ancient Greece as an exceptional land, peopled not with humans, but with super‐humans. As a result, modern Greeks were cast in the role of the living ancestors of European civilization. When they passed the antiquities laws and built museums for their preservation, they were imagined as true beneficiaries of their forefathers, even though not yet fully adequate for keeping their prestigious heritage. However, when the Ottomans endeavored to "modernize" their country and developed their interest in preserving antiquities, the "history‐conscious" West judged their efforts by much different standards.

Sir Max Mallowan's excavations at Tell Arbid in 1936

In 1935 M. E. L. Mallowan was rightly considered to be one of the outstanding British archaeologists of his generation. Having served his apprenticeship under Sir Leonard Woolley at Ur and supervised the prehistoric sounding at Nineveh under R. Campbell Thompson, he had then directed a successful excavation of his own at Arpachiyah (McCall 2001: 41–4), followed by the immediate publication of the final report (Mallowan/Cruikshank 1935).As a result of a change in the Iraq Antiquities Law, the division of antiquities found during excavations ceased. Mallowan, like many other archaeologists whose fieldwork had been sponsored by museums, was obliged to abandon Iraq and look for new opportunities of research in neighbouring eastern Syria, which was virtually terra incognita at this time (Oates/Oates 2001: 121). No doubt, Mallowan's interest in this area has been stimulated by the discoveries of Max von Oppenheim at Tell Halaf, where pottery has been found similar to that excavated by Mallowan at Arpachiyah. Furthermore, in 1934 Poidebard's aerial survey was published, and it included photographs of numerous archaeological sites along the Khabur and its tributaries (Mallowan 1947: 1). In the fall of 1934 Mallowan, accompanied by his wife, Agatha Christie, and an architect, Mr R. H. Macartney, arrived in Syria to inspect a number of sites located along the Khabur and Jaghjagh rivers, as well as in the Khabur plain. After a winter spent in Egypt, Mallowan returned to the Khabur area in the Spring of 1935, not only to continue his survey, but first to excavate Tell Chagar Bazar. Sherds of the same so-called Halaf pottery had been found at the base of the mound, pointing to the possibility of obtaining at this site a long stratigraphical sequence, which would, in turn, serve as a chronological framework for research on other sites (Mallowan 1936: 7–11, Fig. 2). The season's work, however, was not limited to Tell Chagar Bazar. Small teams were detached from the main force for a few days to make trial soundings on some other principal sites, such as Tell Ailun and Tell Mozan (Oates/Oates 2001: 129).

Laws of nature and natural laws

The relationship between conceptions of law and conceptions of nature is a complex one, and proceeds on what appear to be two distinct fronts. On the one hand, we frequently talk of nature as being lawlike or as obeying laws. On the other hand there are schools of philosophy that seek to justify ethics generally, or legal theory specifically, in conceptions of nature. Questions about the historical origins and development of claims that nature is lawlike are generally treated as entirely distinct from the development of ethical natural law theories. By looking at the many intersections of law and nature in antiquity, this paper shows that such a sharp distinction is overly simplistic, and often relies crucially on the imposition of an artificial and anachronistic suppression of the role of gods or divinity in the worlds of ancient natural philosophy. Furthermore, by tightening up the terms of the debate, we see that the common claim that a conception of ‘laws of nature’ only emerges in the Scientific Revolution is built on a superficial reading of the ancient evidence.