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Agnieszka Kacprzak and Maria Nowak

Summary

The present article offers a commentary on two passages from the Gnomon of idios logos: § 41 (BGU V 1210, ll. 115-116), which pertains to a quarter of the inheritance left by an Egyptian who adopted a child picked up from a dump-hill, and § 107 (BGU V 1210, ll. 238-239), which repeats the same rule with regard to everyone, regardless of their civic status. The following problems are subject to our investigation: 1) Which specific type of adoption was expressed by the verb υἱοποιέομαι in § 41? 2) Why does the adoption of foundlings not appear in documentary sources? 3) What was the scope of the cited provisions? The article offers a survey of the legal status of exposed children and (im)possibilities of their adoption in law and legal practices in Roman, Greek and Egyptian sources.

A network of legal transfer

The public international law education of Zhu Qiwu under the wings of Wang Tieya, Huang Zhengming and Humphrey Waldock

Li Chen

Summary

Legal transfer is a critical part of China’s intellectual history of legal education. Beginning in the late nineteenth century, waves of young ambitious Chinese students embarked on arduous journeys to the Western countries to obtain modern legal education, particularly in the area of public international law. One such prominent Chinese legal scholar is Zhu Qiwu, who received his public international law education at the Graduate School of National Central University in Chongqing and the Oxford University Faculty of Law in the 1940s. This article seeks to use Zhu as an example of this dynamic legal transfer process, and examines his educational background both in China and in the UK. In the process, this paper will also explore the resulting network of exchange of legal thoughts formed amongst Zhu and his teachers, Wang Tieya, Huang Zhengming and Humphrey Waldock. In particular, it will reveal how an early article of Wang had planted the seed of a research topic pertaining to the relationship between treaty and municipal laws in Zhu’s mind during his days at the National Central University, which Zhu then took to Oxford and painstakingly watered to fruition in the form of his Oxford doctoral dissertation in 1949. Zhu’s doctoral dissertation made significant contribution to the body of Chinese legal scholarship in that era, but it was never published. This paper thus takes this opportunity to bring to light its main structure and contents.

Marcin W. Bukała

Summary

The aim of the article is to highlight some crucial aspects of the just price concept and the differences between the medieval foundations and the late scholastic views on the topic. The paper refers especially to Wim Decock’s discourses on the ideas of ‘fairness in exchange’ in the book Theologians and contract law, The moral transformation of the ius commune(ca. 1500-1650)(Leiden 2013). The discussion concerns chiefly such issues as: role of Thomas Aquinas’s concepts (1), value in economic exchange (2), relativity in exchange (3), the distinction between furtum and turpe lucrum (4), changing views on the common good in the scholastic ethics of economic life, e.g. in the discussion of ‘Merchant of Rhodes’ casus (5).