Suchergebnisse

"Democracies and Republics Between Past and Future focuses on the concepts of direct rule by the people in early and classical Athens, and the tribunician negative power in early republican Rome - and through this lens explores current political issues in our society. This volume guides readers through the current constitutional systems in the Western world in an attempt to decipher the reasons and extent of the decline of the nexus between 'elections' and 'democracy'; it then turns its gaze to the past in search of some answers for the future, examining early and classical Athens, and finally early republican Rome. In discussing Athens, it explores how an authentic 'power of the people' is more than voting and something rather different from representation; while the examples of Rome demonstrate - thanks to the paradigm of the so-called tribunician power - the importance of institutionalised mechanisms of dialogic conflict between competing powers. This book will be of primary interest to scholars of legal history, both recent and ancient, and to classicists; but also to the more general reader with an interest in politics and history"--

Abstract
The challenging concept of legal person has evolved significantly over the centuries, rooted in the ancient Roman notion of persona as a mask or character that conferred different legal and social roles on individuals (as well super-human entities). In modern times, the concept of legal person seems even to expand beyond the human sphere to encompass a wide range of entities, including animals, artificial intelligence (AI) and the environment. This article explores the complexities and dilemmas surrounding this evolving concept, and examines the challenges and opportunities presented by the extension of the legal persona to new frontiers.

The essay focusses on the concepts of human and divine justice emerg-ing from Dante's political, legal and theological thought. It also deals with the role concretely played by Roman law within the framework of such concepts: after an-alysing the critical remarks Dante addresses to Celsus's definition of ius, as well as his revaluation of the term sacrum, the last paragraphs discuss the trial of Jesus in the context of the treatise on the Monarchia.

Abstract
Current Western constitutional systems, for quite a few practical reasons, seem to be a sick body that deserves and needs a soft euthanasia, rather than useless palliative care. On the one hand, the words 'election' and 'democracy' are currently considered synonymous: yet, when the supporters of the American and French revolutions proposed the technique of representation as a means to implement 'the will of the people,' there were no parties, no statutes concerning universal franchise, no mass-media, and no Internet. On the other hand, classical Athens has taught us that democracy is more than voting and something different from representation. This contribution argues that merging the radical ideas flourished in the past with the digital culture embedded in the present shall help wipe out the contemporary crisis under the banner of a new e-δημοκρατία.

Abstract
This article aims at sketching the prima facie "paradoxical" legal status of "slaves" in Roman law. Hence, it deals with principles and rules directed to regulate two paradigmatic and highly relevant areas of economic life, i.e. sale and agency. Both shared the fundamental presence of servi or mancipia, conceived at times as mere objects, at times as real individuals. On the one hand, according to non-Roman conceptions (that consider slavery per se a liminal and, thereby, indefinable institution), the law concerning serviles personae would represent such a contradiction by merging the Aristotelian categories of bios and zoe. On the other hand, pre-classical and classical Roman law, adhering to a functional and wide notion of legal persona, and embodying a status-system, transcends any apparent inconsistency between property law and business law.