Group Of Jurists Research Articles

From protection to liquidation. The case of the Milanese jurists and enemy alien property (1915–1920)

ABSTRACT During the Great War, the liberal principle of private property as an inviolable right of every individual – whether citizen or non-citizen – was completely overturned in Europe. Jurists played a fundamental role in this transformation. In Italy, a leading part was played by a group of jurists from Milan. Between 1915 and 1918, they tried to influence Italian treatment of enemy alien property and redefined the doctrinal view on private property. Moving from the idea of asset seizure as a measure for protecting enemy property, they gradually embraced a logic retaliation and the demands of total war. Their proposals increasingly became more radical, eventually calling for confiscation of all enemy alien property. Ultimately, they anticipated the solution later adopted by the peace treaties and fully endorsed a new relationship between citizens and the State.

Permission to use prohibited and unclean items and its role in Islamic economy

The ruling prohibiting the use of prohibited and unclean items is found in the Holy Qur'an and the hadiths from the infallible imams (AS). The jurists consider the cause of the ruling of permission and prohibition of things to be their benefits and harms. The question is whether such benefits and harms making up the prohibition and permission of the use are fixed and permanent or they may change in the nature and subject matter? In the past, due to the lack of scientific and technical advancements, the benefits and uses of the prohibited items were not discovered or, in those circumstances, such uses were not possible, but the harmful aspect of prevailed. A number of jurists have categorically prohibited the use of prohibited and unclean items. Others, however, believe that in some cases, such as necessity, duress, etc., their use is permissible. A third group of jurists also believe that such uses are subject to conditions. With regard to the dynamic nature of Islamic jurisprudence, the role of time and place, and the change in the subject matter of the rulings and their instances in ijtihad, it would seem possible to issue a permission to use such items; so that in this way, solutions can be provided in cases such as treatment, job creation, and industry prosperity as well as the release from economic and livelihood bottlenecks.

A DEMOCRACIA EM DEBATE: JURISTAS BAIANOS E A RESISTÊNCIA AO REGIME VARGUISTA (1930-1945)

Resumo Entre 1930 e 1945, e especialmente durante o Estado Novo, o pensamento político autoritário pareceu dominar completamente o horizonte da política brasileira. Apesar disso, outras compreensões da política, de caráter mais democrático, não estiveram de todo ausentes na época. O presente trabalho procura investigar e conhecer mais a fundo as noções de democracia elaboradas por um grupo de juristas baianos do período, por meio da extensa produção intelectual que eles deixaram registrada em duas revistas acadêmicas que circularam então: a Revista da Faculdade de Direito da Bahia, e a Revista Fórum, editada pelo Instituto dos Advogados da Bahia.

La Jurisprudencia Romana, Cuna Del Derecho (Roman Jurisprudence and the Birth of Law)

Spanish Abstract: Se analiza el nacimiento de la jurisprudencia romana, cuna de la tradicion juridica Occidental. El derecho romano fue fundamentalmente un derecho de juristas, y no un derecho legislado, basado mas en la autoridad de la ciencia que en el imperio del poder. Los juiristas romanos fueron capaces de crear un orden racional, secular que sirvio de modelo para la jurisprudencia medieval, moderna y contemporanea. English Abstract: Rome was the first political community in which jurists emerged. The construction of Roman law was an undertaking of a relatively small and specialized group of jurists deeply involved in political affairs, administration, and legal practice. They discussed legal cases and provided legal opinions based on reasoned argument. In legal writings, it was common for jurists to cite one another's legal opinions to persuade their colleagues. These jurists were the true architects of the impressive and solid edifice of Roman law. In this sense, Roman law can be considered a true jurist's law, a Juristenrecht, to use the original German expression. Roman jurists were focused on creating and developing the law, not on philosophical speculations and legal abstractions. Neither were they interested in comparative law, foreign law, or legal history.

Political Force and the Grounds of Identity from Rousseau to Flaubert

In 1988, D.A. Miller used the example of nineteenth-century novels to argue that the subversive power of literary texts was greatly exaggerated, and that the novel tended instead merely to reproduce the ruses of existing social power structures.' More recently, however, a group ofjurists and literary scholars met at Yale University to discuss the relations between legal and literary discourses. Focusing more on the rhetorical nature of legal discourse than on its representation in literary works, those assembled came to very different conclusions than Miller. Reva B. Siegel, a professor of law, argued, for instance, that while it is conventionally assumed that the category of legal fictions is sparsely populated by a few quaint counterfactuals, it seems instead that the category of legal fictions is quite large-the on which we fight some of the social of our day (228). Some of those major conflicts can best be understood by tracing them back to the period between the mid-eighteenth and the mid-nineteenth centuries, when the legal grounds of modern Europe and the U.S. were being laid. In particular, it is by returning to this period that one can begin deciphering the relation between that figural terrain and a conflict so pervasive and so fundamental

Changes in discursive practices in Italian public administration

This contribution originates from a sociological study conducted by a group of jurists, sociologists, and public administrators, who had set themselves the task of identifying the different forms that institutional communication takes and its communicational objectives. For the specifically linguistic analysis, I have mainly examined written and oral texts produced by the Italian telephone Corporation (SIP, now become TELECOM Italia). The TELECOM is currently adopting extremely dynamic communicative strategies, which are being imitated by other sectors of Italian public administration (PA). These strategies may therefore be taken as a reliable indication of the Italian PA's new approach to communicating with the public. The analysis concentrates on those elements which enable one to explore the relationship the Institution as agent intends to establish with its beneficiary, the citizen. My contention is that the new impetus given to communicational activities has made PA's messages both more comprehensible and readable. On the other hand, in PA communication there is now evidence of phenomena such as ‘synthetic personalization’ and self-promotion, which are typical of advertizing and political discourse.