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  • Author or Editor: Tamás Nótári x
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The present paper intends to highlight some aspects of Cicero’s speech in defence of Marcus Caelius Rufus on 4 April 56 BC on the first day of the Ludi Megalenses. In 56 BC, as a result of peculiar coincidence of political and private relations, Cicero was given the opportunity to deal a heavy blow on Clodius and Clodia in his Pro Caelio, whom he mocked in the trial with murderous humour using the means of Roman theatre, and, thus, arranged a peculiar theatre performance during the Megalensia, which anyway served as the time of the Ludi scaenici. After outlining the circumstances of the lawsuit (I.) and the background of the Bona Dea case that sowed the seeds of the conflict between Cicero and the gens Clodia (II.) in our paper we intend to analyse the rhetoric situation provided by the Ludi Megalenses and genially exploited by Cicero (III.) and the orator’s tactics applied in the speech in defence of Caelius (IV.).

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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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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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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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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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In his well-known description of legis actio sacramento in rem , Gaius remarks that the rod was used in the procedure instead of the spear as the sign of lawful property since what the Romans considered truly their own was the goods taken from the enemy: “ Festuca autem utebantur quasi hastae loco, signo quodam iusti dominii; quod maxime sua esse credebant quae ex hostibus cepissent .” In harmony with Gaius’s view Verrius Festus states that the spear is the symbol, incarnation of supreme power: “ Hasta summa armorum et imperii est .” Setting out from these two testimonia , in the present study we intend to examine the content of the hasta and the festuca as symbols of power to support the interpretation of the ritual of legis actio sacramento in rem as duellum sacrum . First, we shall give a brief account of the occurrences of the spear as the symbol of imperium , of subhastatio related thereto and the function of the supreme commander’s spear; also, we shall touch on the stick of augures and certain Greek prefigurations and parallels of the symbolic nature of the spear and the rod. (I.) After that, we shall make some statements concerning the spear of the god Mars and the Mars cult, and the relation of Quirinus and Quirites to the symbolism of the spear. (II.) The fasces carried by lictores proceeding in front of the magistratus , the flamen Dialis and the virgo Vestalis are also insignia of power and, as we try to highlight this point, incamate the highly sacralised, numinous nature of power. (III.) Finally, from the ceremony of declaring war and from the special character and use of the spear in the ceremony we intend to show certain parallels between ius fetiale and legis actio sacramento in rem . (IV.)

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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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This paper intends to analyse the Bavarian linguistic elements of Lex Baiuvariorum,2 the written Bavarian Volksrecht 3 created between 737 and 743 from philological aspects and draw further conclusions from findings for legal history considerations. First we will examine expressions where the active predicate in first person plural reveals that the Bavarians assisting in making the law inserted them in relevant passages as words of their own folk language. (I) After that, we will analyse phrases accompanied by active predicate in third person plural and passive predicate in third person singular or plural either naming Bavarians as the subject or not where the text makes it clear that these words were used by Bavarians to express the given meaning. (II) Atfer analysing Bavarian personal names, primarily names of genealogiae (III), we will discuss Bavarian/South German expressions in the text of the Bavarian law that apparently correspond to or overlap the relevant loci of Lex Alamannorum (IV). In the light of all these, the paper will make an attempt to arrive at some deductions on the usage of Lex Baiuvariorum that can be supported by proofs and go beyond hypothesis.

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Interpretation based on maxims of legal logic occupies an honourable place among the possible methods of legal interpretation; this being done most frequently using basic concepts originating from the classical period of Roman law, which faciliate orientation among contradictory decrees and help to clarify the meaning of legal rules. The following principles belong hereby, widely known in Modestinus's formulation but dating from the period of the leges XII tabularum: "lex posterior derogat legi priori",the Papinian "lex specialis derogat legi generali", and the "lex primaria derogat legi subsidiariae". It is a basic interpretive principle, that the legal rule should be interpreted in its integrity, not by extracting certain parts of it. The following the letter of the law often leads to its evasion. During the interpretation one should take into account the legislator's intention. If this is doubtful, the more lenient solution should be preferred. All these ideas can be traced back into a highly philosophical, Celsian principle, which is-also widely accepted in contemporary legal thinking. It-declares the vocation of the Law to implement Justice, according to which "ius est ars boni et aequi", the Law is an art of the Good and the Just. Out of these, the procedure called in fraudem legis is connected to the statement that enforcing the letter of the law often leads to inequity contradictory with the spirit of the law, i. e. injustice. Cicero also quotes this proverbium, already widely spread in the age of the Republic, which remained in use in his formulation until today: "summum ius summa iniuria", i. e. the utmost enforcement of the law leads to the greatest injustice. The present paper has a modest aim. It does not offer a general survey, but rather an introspection into the problem. First it enumerates the occurences of this proverb in the sources of Roman literature (I.), then it sketches the development and semantic changes of the concept of interpretatio (II.), next it investigates the meaning of summum ius in the relation of the ars boni et aequi principle and the concept of Justice in legal sources and Cicero's works (III.), in the end it will consider the further reaching consequences of this proverbium in Adagia by Erasmus of Rotterdam, one of the most important humanists (IV.).

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Enea Silvio Piccolomini in his work entitled De Europa written in 1458, tells an interesting story defined as a legend in terms of genre about a duke called Ingo, who lived during the reign of Charlemagne. This narrative claims that in 790 dux gentis Ingo held a feast for the inhabitants of his province where food was served to the peasants allowed to appear before him in golden and silver bowls, while to the dignitaries standing further away from him in bowls made of clay. The researchers’ attention is deservedly raised by the query how come that this parabolical story with biblical tone was included in Enea Silvio’s work; if it had been borrowed who the auctor might have been he borrowed it from. The answer seems to be very simple: from the Conversio Bagoariorum et Carantanorum drafted regarding the lawsuit proceeded against Methodius. In the case narrated in the Conversio Ingo sent a charter or much rather a parchment without any writing, or letters on it (carta sine litteris) , which provided his legate with sufficient authenticity to demand obedience from the people.In this study-after having compared the two narratives and outlined the place of De Europa in Enea Silvio Piccolomini’s oeuvre and the circumstances of the drafting and tendencies of the Conversio Bagoariorum et Carantanorum-the author attempts to answer the following questions. To what extent can duke Ingo, mentioned by Enea Silvio and not questioned in the literature for long centuries, be considered a real historical person? Does the Conversio refer to Ingo as a duke, and if it does, what is his existence as a duke and introduction in the literature as a duke owing to? What could the meaning of carta sine litteris referred to in Conversio have been, and why did Enea Silvio not take this item over although he could have put it forward as a further proof of Ingo’s dignity? To what literary prefigurations can the description of the feast held by Ingo be traced back to, and what role did it play in the Conversio? Regarding the borrowing of the Ingo story by Enea Silvio, what possible intermediary writing and author can be reckoned with?

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