Juridical Institutions Research Articles

Towards a Spiritual Empire: Christian Exegesis of the Universal Census at the Time of Jesus's Birth

This article focuses on the exegetical interpretation of Luke's narrative of the census (or registration) carried out at the time of Jesus's birth (Luke 2: 1–5). After some brief remarks on the juridical institution of the census (the so-calledprofessio census) in ancient Rome, a selection of the exegetical interpretations of this pericope developed by various ancient and medieval authors is presented. Origen, Ambrose, Orosius, Bede and Bonaventure are discussed, among others. A number of medieval authors, including Dante Alighieri and Bartolus of Saxoferrato, are also considered. The analysis argues, on the one hand, that a spiritualization of the institution of the census occurred and led to the spiritual empire of Christ being seen as replacing the temporal empire of Augustus; on the other, that reference to this institution was used to legitimize political authority in the eyes of believers. This interpretative tradition is thus shown to offer a vivid example of the close intertwining of theological and juridical concepts and practices which has characterized the relationship between the Church and empire from the former's very beginning.

El matrimonio en el Misterio de Cristo

El matrimonio en el Misterio de Cristo

Analysis of Selected Recommendations of Parents for Improvement of Shared Care and Joint Custody After Parents/Partners´ Divorce/Separation

Abstract The content of this scientific study is based on the qualitative analysis of selected answers of parents, in the framework of semi-structured interview. The qualitative research is apart of bigger research work P-155/A, dealing with mental health of children in family and school settings. The main goal is to learn and analyse the empirical experience and views of participants, related to joint custody and shared care. The research sample consisted of randomly selected 9 participants who visited Výskumný ústav detskej psychológie apatopsychológie on behalf of some problems regarding custody after divorce/separation. In this contribution the parents´ attitudes towards mutual communication of former partners/parents, functioning of joint custody and shared care and some views related to some limits in this form of shared parenting have been analysed. Some valuable remarks with regard to the need of multi-professional team work, addressed to parents within the process of their divorce/separation proved to be very useful. Parents proposed they would extremely welcome some more help from mental health professionals and their crises intervention actions. On behalf of discussion we notice that the juridical institute of joint custody and shared care is a very important tool, however, some legislative changes of this law should be still done. Concluding the study, we state that in spite of some methodological problems – like a limited number of research participants, we believe that the results can serve as a basis for the next deeper research, bringing more proposals for improvement in this field.

Deontologija i odgovornost u oblasti akademije

Deontology is a science that deals with the obligations and duties that must be performed by a category of persons in the frame of professional responsibility, or a doctrine pertaining to professional ethics in a specific field. Liability is a comprehensive legal term that describes the condition of being actually or potentially subject to a legal obligation. In this paper, we analyze the juridical institutions pertaining to the academia and the status of university staff, with specific reference to the professional ethics and responsibility in the academic community.

The Development of the World Trade Organization and the International Criminal Court

In the context of the early stages of the International Criminal Court as a supranational institution, it may be instructive to look at an established multilateral juridical institution, particularly where a substantial body of history and jurisprudence is available for consideration, and above all where the other institution seems to have developed a supportive constituency in the international community. The World Trade Organization is such an institution.

Found in Translation: Habermas and Anthropotechnics

In his recent work on postsecular societies Jürgen Habermas has stressed the need for a dialogue between religious and nonreligious citizens aimed at strengthening social integration and rejuvenating the moral bases of modern political and juridical institutions. This dialogue should focus on the translation of religious traditions into rational, secular forms. In his more recent work on the social function of rituals, however, he rejected the Durkheimian view of public secular rituals as mechanisms for fostering social integration. In this article I discuss Habermas’s early reflections on postsecularism and assess his interpretation of public religious rituals as sources of social integration. I then propose an alternative to his translation proviso whereby religious symbolic content would be translated into behavior-regulating technologies aimed at developing the dispositional resources needed for a continuous postsecular dialogue between religious and nonreligious citizens.

The Social Organization of Access to Justice for Youth in ‘Unsafe’ Urban Neighbourhoods

Drawing on the feminist sociological approach, institutional ethnography, this article reveals how young people in a designated neighbourhood improvement area in Toronto, Canada, experience reduced access to justice. Young people’s stories about their interactions with the police in their neighbourhood ground an analysis of the dispersal of justice in large urban centres as shaped by and constitutive of the social relations of race, gender and class. While the research proceeds from young people’s knowledge of their work and lives, the foci of analysis are the objectified forms of thought and action that produce the individual accounts young people share. The research finds that young people’s experiences of diminished relational fairness in their encounters with the police reduce the degree to which they expect full and equal access to other juridical and administrative public institutions and processes. Ultimately, the state’s efforts to produce and manage public safety, as a bureaucratic phenomenon, un...

The Feminist Citizen-Subject: It’s not About Choice, It’s About Changing It All

This article ties together two different sources related to the Trial of Pussy Riot in Russia in 2012. On the one hand, I consider legal documents, such as court proceedings, police reports, and the sentence. On the other, I analyse a life-history interview with one of the accused, thus giving her a voice that is not mediated by juridical institutions within criminal law procedure. This allows an analysis of two different subject positions produced by these texts: a conformist citizen and a feminist activist-citizen. I pay more attention to the latter. I conclude that in order to retain an activist position, the feminist subject has no option but to resist.

Los hurro-amorritas de Canaán. Una hipótesis alternativa sobre el origen de los hebreos

This paper investigates two factors in the ethnogenesis of the historical Hebrews as an alternative explanation to the traditional view, which holds an exclusivist and untainted originality deprived of exogenous and regional cultural influences. Our hypothesis maintains that the Hebrews are the final expression of a long and intense cultural interaction and mixing of West-Semitic, Anatolian- Caucasian and Canaanite populations. This hypothesis is supported by the comparative analysis of material and textual culture in Canaan, the kingdom of Mari and the Hurrian juridical institutions, attending to the Benjaminite tribes and the relationship between the Amorrite deity Yawi and the Yahweh of the Old Testament.

EKSISTENSI PERADILAN TATA USAHA NEGARA (PTUN) DALAM MEWUJUDKAN SUATU PEMERINTAHAN YANG BAIK

Administration officials have broad authority in carrying out the affairs of government. With this broad authority tends to be misused to cause harm and injustice in the society, therefore there must be other institutions that control it. Based on the theory of Trigs Politico executive agencies are politically controlled by the legislative and juridical institutions controlled by the judiciary, because the officials running the state administration executive functions that control the judiciary is legally the state administrative court. Judicial control of administrative functions of the state administrative court in addition aims to provide legal protection for the public and state administration officials themselves, as well as state administrative law enforcement agencies who aspire to realize a good and authoritative governance. Keyword: good governance

Rewinding Civil Society: Conceptual Lessons from the Early Modern Guilds

Traditionally it is assumed that “modern” civil society originated in the associations, clubs, and public sphere of the eighteenth century as a result of the “liberation” of the individual from the “shackles” of absolutism, religious intolerance, and the patriarchal family. However, recent research goes further back in time. Scholars such as Robert Putnam (sociologist), Antony Black (political scientist), and Katherine Lynch (historian) associate the origins of civil society with the heyday of confraternities and guilds in the late Middle Ages. This has serious consequences for our understanding of the characteristics and functions of civil society. Given that confraternities were permeated by religious devotion and crafts were inextricably bound to the (often undemocratic) political establishment, fundamental questions arise about the importance of religion in civil society and the role of associations in the political participation of individuals. This article suggests that several long-term trends can be observed when broaching civil society from the perspective of guilds (or brotherhoods). In early modern guilds, the fraternal ideals related to mutual aid and equality appear to have gradually disappeared. Craft guilds stopped being “brotherhoods” and “substitute families” and transformed into formal and bureaucratic juridical institutions, while retreating into a sphere separate from household and family.

Uwagi o obowiązkach przedsiębiorcy telekomunikacyjnego w stanach nadzwyczajnych

REMARKS ON THE DUTIES OF ATELECOMMUNICATION PROVIDERDURING EXTRAORDINARY MEASURESThe occurrence of extraordinary measures may oblige businesses to perform many duties. Importantly, they can address many spheres of financial activity and, in practice, cause some interpretation doubts. The scope of utilization of extraordinary measures results from the nature of juridical institutions. In case of introduction of extraordinary measures avery important role can be played by legal obligations addressing telecommunication companies. Amultitude of orders and prohibitions concerning specific action in practice may raise some doubts. What is important — in the case of the said duties, many fields of legal institutions will apply. In the era of widespread terrorist threat, legal instruments aimed at telecommunications companies can play an important preventive and preservative role. The relevant services, in cooperation with telecommunication operators, may prevent many tragedies and take care of the security of the state in amore effective way.

El estado de derecho en América Latina: ¿artífice de la igualdad o factor de desigualdad?

<p>En este artículo se sostiene que la institucionalidad del Estado de derecho en América Latina, si bien ha logrado avances formales, no ha permitido avances claros en materia de igualdad. Por el contrario, en determinados ámbitos, como el acceso a la justicia y la regulación de la economía, aquel se ha conver- tido en un factor de exclusión y no de integración social. El anterior rol cumplido por las instituciones jurídicas se entiende si se tiene en cuenta que éstas no pueden considerarse al margen de las relacio- nes de desigualdad y marginación que caracteriza a las sociedades latinoamericanas.</p>

Fashion as an Institutional System

Abstract The analysis of the relationship between fashion and institutions could represent a new approach in the theoretical analysis of fashion. This article is an attempt to show how, from an analysis of Simmel, Lotman, Volli and Legendre and a semiotic-juridical perspective, the topic of fashion can be linked to an anthropological-juridical perspective and a juridical conception of fashion as a normative institution. Juridical knowledge appears to be essential for the anthropological understanding of the phenomenon of fashion and too many studies have forgotten the contribution of the juridical sciences to the theoretical configuration of the question. From a complex historical-juridical analysis of the notion of Corpus Iuris (Kantorowicz) emerges the value of the medieval notion of corpus mysticum as a fictional body, referring to a political context that is both liturgical and ritual. The reference to this idea thus passes from the Corpus Iuris Civilis of medieval canonical law to the modern aesthetic signification (fictional and iconic) of the notion of the political body, referring to the modern state, which is still to be found on the well-known frontispiece of Hobbes’ book the Leviathan and then to the fictional and stylised bodies of the models in a fashion show. Following the theories of Legendre, the conclusion of this article suggests to reintroduce the secularised juridical and theological lexis for the aesthetic relationship between the natural body and the fictitious body, seen as a mystical and political body, considered present in the practices of dressing and twentieth-century fashion. Fashion is one of the forms through which, in mobilising desire, the human being constructs that “second body”, fictitious, represented, parallel to the real body, which is constitutive of the subjective and collective identity of a society. This body is fashioned under the ritualised and institutionalised form of the garment that hides the body, concealing its animality, which gives access to a collective fictitious reality, of which, we could add, all the products of the semiosphere, including the juridical institutions, are formed.

Sex, Death, and Aristocratic Empire: Iranian Jurisprudence in Late Antiquity

AbstractIn the Iranian Empire (226–636 CE), jurists drawn from the ranks of the Zoroastrian priestly elite developed a complex of institutions designed to guarantee the reproduction of aristocratic males as long as the empire endured. To overcome the high rate of mortality characteristic of preindustrial demographic regimes, they aimed to maximize the fertility rate without compromising their endogamous ideals through the institutions of reproductive coercion, temporary marriage, and “substitute-successorship.” Occupying a position between the varieties of monogamy and polygyny hitherto practiced in the Ancient Near East, the Iranian organization of sex enabled elites not only to reproduce their patrilineages reliably across multiple generations, but also to achieve an appropriate ratio of resources to number of offspring. As the backbone of this juridical architecture, the imperial court became the anchor of aristocratic power, and ruling and aristocratic dynasties became increasingly intertwined and interdependent, forming the patrilineal networks of the “Iranians”—the agents and beneficiaries of Iranian imperialism. The empire's aristocratic structure took shape through a sexual economy: the court created and circulated sexual and reproductive incentives that incorporated elite males into its network that was, thanks to its politically enhanced inclusive fitness, reliable and reproducible. In demonstrating the centrality of Zoroastrian cosmology to the construction and operation of the relevant juridical institutions, I seek to join the approaches of evolutionary biology and cultural anthropology to reproduction that have been pursued in opposition, to account for the historical role of sex in the consolidation of the Iranian Empire.

Customary Law and Woman s Rights within the African System of Human Rights Protection

Of all the regional law systems, the African system offers a peculiar place to moral values – a fact that is demonstrated by means of the African Charter on Human and People’s Rights which recognizes a special role to the African culture. The legal implementation of African traditions has determined, within the African nation-state, the establishment of a specific legal system that is organized upon two main levels (we refer to customary law and statutory law). Consequently, we can upheld the idea that this legal duality strongly impacts the sphere of the juridical protection of women’s rights; this is obvious as the traditional African values contain provisions that challenge the principle of gender equality meanwhile, statutory law is consistent with Western-inspired norms according to which gender equality is deemed as essential. In our paper, we aim to assess the issue of gender equality within the context of legal pluralism that is determined by the co-existence of customary law and statutory law by bearing in mind two fundamental hypothesis: (1) customary law is built of African moral traditions; it is unwritten and orally transmitted thus being adaptable to ever changing social realities; (2) statutory law is, on the other hand, written, unalterable and in agreement with international regulations that are destined to human rights protection and which are taught, by African scholars, to be the creation of Western legal schools. Within this framework, our analysis will take into consideration juridical institutions belonging to family law like marriage or divorce; furthermore, we will concentrate upon the manner in which these African customary practices influence the juridical protection of women’s rights. From the methodological point of view, we will use the hermeneutical method because all the dispositions belonging to customary or statutory law will be construed within a personal perspective.

“Istitutiones Iuris” of Albanian Consuetudinary Law

The custom is among the sources of law, definitely, the most distant in time. Our legal tradition has been transmitted orally from generation to generation through the centuries and it bares these language elements that are considered fundamental for our people’s identity. Our society was shaped over the centuries under secular foreign occupation, and in full lack of a state authority to be represented with. Despite this, the juridical oral tradition and this kind of peculiar language managed to cross the millennia through its customs, creating and cultivating social and juridical institutions which have served to shape a collective conscience that made it possible for the modern state to be founded. Our analysis will concentrate principally in the representative values of the social belongings, creating the legal basis of the Albanian ethos and ethnos, which are always served as an autochthonous legal source. This might dispatch social justice values and human dignity. This analysis deepens its focus mainly in the strongholds of the common law; highlighting those social and legal institutions, that on our point of view have had the greatest influence in the creation of our national consciousness. DOI: 10.5901/ajis.2015.v4n2p337

La estructuración axiológica del orden económico en defensa de la propiedad y la libre iniciativa. El justo equilibrio hacia el desarrollo

Economic Law has an extremely important role in society. It structures the Economic Order responsible for the rules for the production of wealth and its respective distribution, so it must have strong institutions to ensure a greater participation of citizens in growth –thus heading towards development– or centralise the power of such political-economic institutions to minimise the distribution and access to property to a minority, thus heading towards stagnation. Property as a juridical institution and free initiative as its exploring activity have a special meaning in this axiological structure and its strengthening towards development, which we outline in this paper.

Slavery in Medieval and Early Modern Iberia

Slavery in Medieval and Early Modern Iberia

Parents, Children, and Law

This research covers the changes in the familial structures that occurred during the first millennium. In particular, it focuses on the institution of patria potestas and on emancipation. By looking at the transformation of juridical institutions, this article seeks to show the long-term evolution of the relation between adulthood, marriage, and emancipation in the families of late Antiquity and the Early Middle Ages. This research analyzes Roman law and the law of the Christian Mediterranean during this period, particularly in the Iberian and Italian Peninsulas as well as in the Byzantine Empire.