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  • Author or Editor: Tamás Nótári x
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In the present paper we analyse the state of facts of robbing of a grave in German folk laws. We pay special regard to the issue to what extent the impacts of Roman law and the Church and primarily German customary law can be demonstrated in the system of state of facts and sanctions of specific laws. This investigation requires the analysis of the legal source base as well as some examination in the history of language, which allows a comparative analysis of the issue and helps to highlight the various layers of the norms of German folk laws by the example of this state of facts.

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Lex Baiuvariorum is Bavaria’s most important and earliest source in terms of legal history. This paper deals with the history of the creation of Lex Baiuvariorum. More specifically, dwelling on the issues of dating of Lex Baiuvariorum (I), possible connect ions between the content of the narrative in the Prologus and the process of making the code of laws (II), significance of the first two titles of the code in terms of dating (III) and problems arising with regard to the process of editing Lex Baiuvariorum (IV).

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The Commentariolum petitionis written in 64 B.C. is the oldest campaign strategy document that has been preserved for us. In this handbook Quintus Tullius Cicero, younger brother of the most excellent orator of the Antiquity, Marcus Tullius Cicero, gives advice to his elder brother on how Marcus can win consul’s elections, that is, how he can rise to the highest position of the Roman Republic. In the present paper Commentariolum will be analysed in detail examining the following aspects: the Antique genre commentary (I.); the issue of authorship of Commentariolum (II.); the characterisation of the competitors, Antonius and Catilina, provided in Commentariolum (III.); the system of elections in Anciet Rome and the crime of election fraud/bribery, i.e. the crimen ambitus (IV.) and the role of associations and clients in Roman elections (V.).

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After the battle of Thapsus that took place on 6 April 46 Caesar kept delaying his return to Rome for a long while, until 25 July — he stopped to stay on Sardinia — and this cannot be attributed fully to implementing measures and actions necessary in Africa since they could have been carried out by his new proconsul, C. Sallustius Crispus too. The triumph held owing to the victory in Africa — in which they carried around representations of the death of M. Petreius, M. Porcius Cato and Q. Caecilius Metellus Pius Scipio Nasica — must have further grated on the nerves of the aristocracy of Rome, because it was meant to symbolise Caesar’s victory both over Iuba and the senate. It was after that that Cicero broke his silence and delivered Pro Marcello in the senate, which was both oratio suasoria and gratiarum actio for the pardon granted to Marcellus, by which Caesar wanted to assure the senate of his benevolence and wanted to show off his power by his autocratic gesture. Pro Ligario delivered in 46 has been considered a classical example of deprecatio by both the antique and modern literature, and in historical terms it is not a less noteworthy work since from the period following the civil war Pro Marcello, having been delivered in early autumn of 46 in the senate, is Cicero’s first oration made on the Forum, that is, before the general public, in which praising Caesar’s clementia he seemingly legitimised dictatorship. First, we describe the historical background of the oratio and the process of the proceedings (I.); then, we examine the issue if the proceedings against Ligarius can be considered a real criminal trial. (II.) After the analysis of the genre of the speech, deprecatio (III.) we analyse the appearance of Caesar’s clementia in Pro Ligario. (IV.) Finally, we focus on the means of style of irony, and highlight an interesting element of the Caesar-Cicero relation and how the orator voices his conviction that he considers the dictator’s power and clementia illegitimate. (V.)

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The social structure of the 8th c. Bavaria reveals a highly dynamic picture: by the age of the last two ruling dukes of the Agilolfing dynasty, Odilo and Tassilo III, a system of personal statuses had crystallised that can be reconstructed from legal sources and charters, on the one hand; and the development of Bavarian nobility and the manifestation of this process in legislation can be dated to this period, on the other. After outlining the political/historical background (I.); this paper intends to give an in-depth investigation of this issue: following comments on the concept of libertas , the legal status of freemen (liberi) and servants (servi) will be looked at in the mirror of Lex Baiuvariorum (II); then, the relation between the duke and ancient Bavarian genealogiae , the development of the layer of the adalscalhae , the birth of the Bavarian order of nobles and its appearance in the resolutions of the Council of Dingolfing, and the issue of Bavarian counties prior to the Carolingians seizing power will be exposed relying on legal and literary sources (III).

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The legis actio sacramento in rem belongs to the most debated issues of specialised literature on Roman Law up to the present day. The literature on the subject would fill a whole library, only its approximative treatment would require a separate monography. When explaining the origins of the legis actio sacramento in rem one can distinguish several, more or less clearly isolated trends. The present study will regard the theory of oath and the theory of personal fight as the two most important. The fundamentally sacred character of the legis actio sacramento is emphasised by the theory of oath, according to which the principal aim of communal control could be the expiatio of the divinity retaliating the perjury, the sacramentum of the defeated party. This theory is also corroborated by the text of the vindicatio, appearing as the strictly formalised, religious-magical carmen. Although it is much older, the theory of personal fight is traced back to Jhering, and its essence is that in the beginning the parties actually fought against each other for the thing constituting the object of their controversy, but the community (the state), in order to preserve internal peace, brought the fight under its own control. Therefore, the fight, in the form of the legis actio sacramento in rem, as it is known today was enacted only symbolically, by employing the rod (festuca) instead of the spear (hasta). The aim of the present study is merely to highlight a possibility-based mainly on the primary sources and partly on the findings of the literature on the subject-which will not consider the motifs of sacrality and private fight contradictory in the structure of the legis actio sacramento in rem but will mingle them as organically complementing components.

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A legis actio sacramento in rem mindmáig a római jog szakirodalmának legvitatottabb kérdései közé tartozik, irodalma mára könyvtárnyivá duzzadt, annak hozzávetőleges feldolgozása is önálló tanulmány tárgyát képezhetné. A legis actio sacramento in rem eredetének magyarázata kapcsán több, egymástól többé-kevésbé világosan elkülönülő irányzatot különböztethetünk meg, vizsgálódásunk szempontjából a legfontosabbnak az esküelméletet és a magánharcról szóló teóriát tekinthetjük. A legis actio sacramento eredendően szakrális jellegét hangsúlyozza az esküteória, amely szerint a pervesztes fél hamis esküjét, sacramentumát megtorló istenség expiatiója lehetett a közösségi kontroll fő célja, ezt az elméletet a vindicatio erősen formalizált, vallási-mágikus carmenként megjelenő szövege is alátámasztja. Jheringre vezetik vissza - noha jóval korábbi - a magánharcelméletet, amelynek az a lényege, hogy a felek kezdetben tényleges harcot folytattak a köztük vita tárgyát képező dologért, ám a közösség (az állam) a belső békét megőrizendő e harcot saját ellenőrzése alá vonta, s ezért e harcra a legis actio sacramento in rem általunk ismert formájában már csak szimbolikusan, a lándzsa (hasta) helyett használt pálca (festuca) jelzésszerű alkalmazásával került sor. Célunk csupán annyi, hogy egy - főként a forrásokra, részben a szakirodalom eddigi eredményeire alapozott - lehetőséget villantsunk fel, amely a legis actio sacramento in rem struktúrájában a szakralitás és a magánharc motívumait nem egymásnak ellentmondó, hanem szerves kiegészítő komponensként elegyíti.

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Virgil, the bishop of Salzburg of Irish origin (749–784) opened a new chapter in the history of his episcopate: he had the earliest works of the historiography of Salzburg compiled: the Gesta sancti Hrodberti confessoris, the Libellus Virgilii and the Liber confraternitatum; he had the Rupert Cathedral constructed, which was consecrated in 774; he extended the rights of the episcopate and that of the Saint Peter Monastery and he organised the mission among the Carantanians. This paper deals with three aspects of the activity of Virgil, the abbot and bishop of Salzburg: the conflict between Bonifacius and Virgil (I.); the determination of the date of Virgil’s ordaining (II.); and the debates for the goods and rights of the Saint Peter Monastery and the episcopate of Salzburg, which were noted down by Virgil in the Libellus Virgilii.(III.).

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When scrutinizing the concept of authority, presenting the basic definition of auctoritas, the capacity of increase and augmentation, Hannah Arendt appositely quotes the relevant passage by Cicero, according to which the task of founding the state, the human community, as well as the preservation of what has already been founded, highly resembles the function of the numen, the divine operation (Cicero, De re publica 1, 7. "Neque enim est ulla res in qua propius ad deorum numen virtus accedat humana, quam civitatis aut condere novas aut conservare conditas."); and in connection with this, she states that, from this aspect, the Romans regarded religious and political activity as being almost identical. The paper will examine various aspects of the numen, one of the most important phenomena of Roman religion (I.), its etymology (II.), the institution of the triumphus, a phenomenon seeming to be relevant from this point of view (III.), then the concept of numen Augusti, incorporating these elements of the religious sphere into the legitimation of power. (IV.)

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