The enactment of the German Civil Code (BGB) marked the triumph of the Romanists in the famous codification debate. However, the Germanists’ resistance endured and found new grounds and means of conflict. This essay throws light on the exploitation of the fine arts for the advancement of the Germanists’ legal policy. With the help of the prominent murals in the plenary hall of the court of appeal in Düsseldorf, executed in 1913, we will examine the continuing influence of the germanistic combat and the socio-political mores of the functionary elite of the late empire. It will be demonstrated that these murals were an expression of the ressentiment of a certain part of these ‘power elites’ towards the liberal constitutional state which had come into existence by the time of the codification of the BGB at the very latest. Nazi ideology was able to appeal to these political dispositions and values after the First World War. This was one of the major routes that led to the Nazi takeover and finally to the decline of the rule of law in Germany.
Justitia – Italia oder Germania?
Le processus de légitimation du droit international du travail en Belgique (1888-1938) – Légitimité, expériences et mémoires du belge Ernest Mahaim
The legitimation process of international labour law in Belgium (1888-1938), Legitimity, experiences and memories of the Belgian Ernest Mahaim.
The aim of this contribution is to explain and understand the emergence of international labour law in Belgium in the late nineteenth and early twentieth century. First a marginal discipline disputed by the doxa of lawyers, diplomats, and politicians, international labour law is a direct result of the social evolution of the country. This paper focuses on the process of legitimation of this particular branch of law between 1888 to 1938 through the prism of one of his main specialist in Belgium, and also a key-figure of a worldwide network, Ernest Mahaim , professor at the University of Liège.
Johannes Wamesius (1524-1590), a professor of law at the Leuven university, was often asked for his expert opinion on concrete legal cases. Two volumes of (altogether) 600 so-called consilia de iure pontificio were published posthumously by his successor Étienne Weyms. After a short introduction, this article focuses on twenty canonical consultations. Those twenty consilia all concern questions of credit and money-dealing. This contribution first discusses Wamesius’ method and presents the parties and competent authorities involved. Secondly, attention is paid to how Wamesius deals with the plurality of legal sources. In a third step, Wamesius’ views on usury, as well as his consultation on a case of coinage are discussed. Finally, some concluding observations are offered.
im vorchristlichen, im christlichen Altertum und im Frühmittelalter
In the 2nd century CE, Roman emperors took decisions on several cases involving slaves who had been brutally treated by their masters. Such masters had to accept that their slaves would be sold, and in some cases they themselves were even punished, e.g. by being temporarily exiled. In the early 3rd century Ulpian construed a new crime from this context, namely saevitia dominorum, to be punished extraordinarily. Diocletian undermined this in a rescript to a soldier, and Constantine openly allowed masters to punish their slaves just as they liked. Even if a punishment lead to the slave’s dead, he forbade investigation against the masters. Both the Visigothic Lex Romana and Justinian tried to come to compromises, which continued even into Frankish times, although the results were inconsistent. Only the Judeo-Christian Collatio preserved Ulpian’s concept of a new crime, but the secular lawyers took no notice of this text, whereas medieval clerical jurists did.
De strafrechtelijke vervolging voor activisme van Leo Augusteyns en Adelfons Henderickx (1918-1920)
The prosecution of Leo Augusteyns (liberal member of Pariament) and Adelfons Henderickx (Christian Democrat member of Parliament) upon the accusation of collaboration with the Germans after World War I. Both were active in the promotion of Flemish emancipation during the war. Finally Augusteyns was acquitted, Henderickx condemned. The traditional inviolability of members of Parliament was ignored in both cases. An attempt is made to explain this apparent inequality.
Consuelo Carrasco García
A poetic sale. Horace, Epistula 2.2.
Starting from the analysis of a poem by Horace, I have tried to highlight the image of the Law that was held by Roman society in the first century BC, that is, both by the poet and by the public that he wanted to entertain with his works. He chose a legal topic as the theme of his narrative – the responsibility for hidden defects in the contract of sale –; he applied the Roman legal lexicon with total precision and, more specifically, he showed that he was aware of the debate about the case-law related to the Edict by which the magistrates regulated the sale of slaves in the public markets. This is apparent from a comparison of the poem with book 21, title 1 of Justinian’s Digest concerning the Edict of the curule aediles and with documents from legal practice (testatio) that record the agreement of the will of the parties. A study of this kind, moreover, also contributes to a better understanding of poetic composition.
The article presents an attempt to comprehend the ἀποκρίματα within the system of Roman imperial constitutions. Whereas it is generally assumed, that the ἀποκρίματα were identical with the subscripts, it is argued that they constituted a kind of imperial enactment sui generis, which cannot be identified with any of the known types of constitutions. We find the term ἀπόκριμα, which had no technical meaning until the end of the second century, being used with a consistent connotation only after the visit of Septimius Severus and Caracalla to Egypt. Furthermore, it refers specifically to the group of decisions, which the both emperors have issued in Alexandria during that visit.