107-706: The Constitution of the Republic of San Marino (also called the Constitution of the Most Serene Republic of San Marino ) is distributed over a number of legislative instruments, the most important of which are the Statutes of 1600 and the Declaration of Citizen Rights of 1974, as amended in 2002. The constitutional system shows influences of Roman customary law and Justinian I 's Corpus Juris Civilis (529–534). It
214-432: A Roman citizen ( status civitatis ) unlike foreigners, or he could have been free ( status libertatis ) unlike slaves, or he could have had a certain position in a Roman family ( status familiae ) either as the head of the family ( pater familias ), or some lower member alieni iuris (one who lives under someone else's law). The history of Roman Law can be divided into three systems of procedure: that of legis actiones ,
321-401: A Roman male citizen. The parties could agree on a judge, or they could appoint one from a list, called album iudicum . They went down the list until they found a judge agreeable to both parties, or if none could be found they had to take the last one on the list. No one had a legal obligation to judge a case. The judge had great latitude in the way he conducted the litigation. He considered all
428-519: A basis for legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia. English and Anglo-American common law were influenced also by Roman law, notably in their Latinate legal glossary (for example, stare decisis , culpa in contrahendo , pacta sunt servanda ). Eastern Europe was also influenced by
535-405: A complete and coherent system of all applicable rules or give legal solutions for all possible cases. Rather, the tables contained specific provisions designed to change the then-existing customary law . Although the provisions pertain to all areas of law, the largest part is dedicated to private law and civil procedure . Among the most consequential laws passed during the early Republic were
642-471: A dramatic intensification of the pace of social changes, and was a crucial catalyst for the growth of left-wing politics . Mao Zedong urged the socialist camp not to fear nuclear war with the United States since, even if "half of mankind died, the other half would remain while imperialism would be razed to the ground and the whole world would become socialist." A distinctive feature of war since 1945
749-502: A few years. While conventional wisdom holds that casualties have increased in recent times due to technological improvements in warfare, this is not generally true. For instance, the Thirty Years' War (1618–1648) had about the same number of casualties per capita as World War I , although it was higher during World War II (WWII). That said, overall the number of casualties from war has not significantly increased in recent times. Quite to
856-434: A finding supported by other researchers. Keeley explains that early war raids were not well organized, as the participants did not have any formal training. Scarcity of resources meant defensive works were not a cost-effective way to protect the society against enemy raids. William Rubinstein wrote "Pre-literate societies, even those organized in a relatively advanced way, were renowned for their studied cruelty.'" Since
963-508: A general feature of animal social behavior. Some proponents of the idea argue that war, while innate, has been intensified greatly by developments of technology and social organization such as weaponry and states. Psychologist and linguist Steven Pinker argued that war-related behaviors may have been naturally selected in the ancestral environment due to the benefits of victory. He also argued that in order to have credible deterrence against other groups (as well as on an individual level), it
1070-469: A noble cause is a contributing factor towards war, few wars have originated from a desire for war among the general populace. Far more often the general population has been reluctantly drawn into war by its rulers. One psychological theory that looks at the leaders is advanced by Maurice Walsh. He argues the general populace is more neutral towards war and wars occur when leaders with a psychologically abnormal disregard for human life are placed into power. War
1177-544: A second decemvirate ever took place. The decemvirate of 451 BC is believed to have included the most controversial points of customary law, and to have assumed the leading functions in Rome. Furthermore, questions concerning Greek influence on early Roman Law are still much discussed. Many scholars consider it unlikely that the patricians sent an official delegation to Greece, as the Latin historians believed. Instead, those scholars suggest,
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#17328560383021284-602: A source of violent conflict. Pope Urban II in 1095, on the eve of the First Crusade , advocating Crusade as a solution to European overpopulation, said: For this land which you now inhabit, shut in on all sides by the sea and the mountain peaks, is too narrow for your large population; it scarcely furnishes food enough for its cultivators. Hence it is that you murder and devour one another, that you wage wars, and that many among you perish in civil strife. Let hatred, therefore, depart from among you; let your quarrels end. Enter upon
1391-560: A war". Tangible/intangible aims: Explicit/implicit aims: Positive/negative aims: War aims can change in the course of conflict and may eventually morph into "peace conditions" – the minimal conditions under which a state may cease to wage a particular war. Throughout the course of human history, the average number of people dying from war has fluctuated relatively little, being about 1 to 10 people dying per 100,000. However, major wars over shorter periods have resulted in much higher casualty rates, with 100–200 casualties per 100,000 over
1498-732: Is a Mesolithic cemetery in Jebel Sahaba , which has been determined to be about 13,400 years old. About forty-five percent of the skeletons there displayed signs of violent death, specifically traumatic bone lesions. In War Before Civilization , Lawrence H. Keeley , a professor at the University of Illinois , says approximately 90–95% of known societies throughout history engaged in at least occasional warfare, and many fought constantly. Keeley describes several styles of primitive combat such as small raids , large raids, and massacres . All of these forms of warfare were used by primitive societies,
1605-466: Is a court responsible for assessing the compliance of laws with respect to the Declaration of Rights. This San Marino –related article is a stub . You can help Misplaced Pages by expanding it . Roman law Roman law is the legal system of ancient Rome , including the legal developments spanning over a thousand years of jurisprudence , from the Twelve Tables ( c. 449 BC ), to
1712-420: Is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff. It may only be used when plaintiff owns the thing, and the defendant is somehow impeding the plaintiff's possession of the thing. The plaintiff could also institute an actio furti (a personal action) to punish the defendant. If the thing could not be recovered, the plaintiff could claim damages from
1819-536: Is applicable to San Marino. Citizens are guaranteed certain rights including equality , inviolability , freedom , and universal suffrage . Jorri Duursma describes the 1974 law as the fundamental law of the Republic. The Declaration was amended in 2002, providing further constitutional detail on the organisation of government and establishing the Guarantors’ Panel on the Constitutionality of Rules , which
1926-562: Is believed that Roman law is rooted in the Etruscan religion , emphasizing ritual. The first legal text is the Law of the Twelve Tables , dating from the mid-fifth century BC. The plebeian tribune, C. Terentilius Arsa, proposed that the law should be written in order to prevent magistrates from applying the law arbitrarily. After eight years of political struggle, the plebeian social class convinced
2033-563: Is caused by leaders who seek war such as Napoleon and Hitler . Such leaders most often come to power in times of crisis when the populace opts for a decisive leader, who then leads the nation to war. Naturally, the common people don't want war; neither in Russia nor in England nor in America, nor for that matter in Germany. That is understood. But, after all, it is the leaders of the country who determine
2140-493: Is commonplace encourage their children to be more aggressive. War can be seen as a growth of economic competition in a competitive international system. In this view wars begin as a pursuit of markets for natural resources and for wealth. War has also been linked to economic development by economic historians and development economists studying state-building and fiscal capacity . While this theory has been applied to many conflicts, such counter arguments become less valid as
2247-608: Is estimated that between 1985 and 1994, 378,000 people per year died due to war. Most wars have resulted in significant loss of life, along with destruction of infrastructure and resources (which may lead to famine , disease, and death in the civilian population ). During the Thirty Years' War in Europe, the population of the Holy Roman Empire was reduced by 15 to 40 percent. Civilians in war zones may also be subject to war atrocities such as genocide , while survivors may suffer
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#17328560383022354-547: Is fueled by displacement and projection where a person transfers his or her grievances into bias and hatred against other races , religions , nations or ideologies . By this theory, the nation state preserves order in the local society while creating an outlet for aggression through warfare. The Italian psychoanalyst Franco Fornari , a follower of Melanie Klein , thought war was the paranoid or projective "elaboration" of mourning. Fornari thought war and violence develop out of our "love need": our wish to preserve and defend
2461-461: Is said to have published around the year 300 BC the formularies containing the words which had to be spoken in court to begin a legal action. Before the time of Flavius, these formularies are said to have been secret and known only to the priests. Their publication made it possible for non-priests to explore the meaning of these legal texts. Whether or not this story is credible, jurists were active and legal treatises were written in larger numbers before
2568-816: Is that combat has largely been a matter of civil wars and insurgencies. The major exceptions were the Korean War , the Indo-Pakistani War of 1971 , the Iran–Iraq War , the Gulf War , the Eritrean–Ethiopian War , and the Russo-Ukrainian War . The Human Security Report 2005 documented a significant decline in the number and severity of armed conflicts since the end of the Cold War in the early 1990s. However,
2675-461: Is the world's oldest surviving constitution of any sovereign state , barring England's Magna Carta (1215). The current legal system of the Most Serene Republic of San Marino began on 8 October 1600. The government gave binding force to a compilation of Statuti written by Camillo Bonelli, covering the institutions and practices of Sammarinese government and justice at that time. It
2782-477: Is traditionally the part of the law that changes least. For example, Constantine started putting restrictions on the ancient Roman concept of patria potestas , the power held by the male head of a family over his descendants, by acknowledging that persons in potestate , the descendants, could have proprietary rights. He was apparently making concessions to the much stricter concept of paternal authority under Greek-Hellenistic law. The Codex Theodosianus (438 AD)
2889-400: Is warfare that is not restricted to purely legitimate military targets , and can result in massive civilian or other non-combatant suffering and casualties . While some war studies scholars consider war a universal and ancestral aspect of human nature , others argue it is a result of specific socio-cultural, economic, or ecological circumstances. The English word war derives from
2996-462: The Corpus Juris Civilis (AD 529) ordered by Eastern Roman emperor Justinian I . Roman law forms the basic framework for civil law , the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law . After
3103-572: The Lex Canuleia (445 BC), which allowed marriage ( conubium ) between patricians and plebeians ; the Leges Liciinae Sextiae (367 BC), which restricted the amount of public land ( ager publicus ) that any citizen could occupy, and stipulated that one of the two annual consuls must be plebeian; the Lex Ogulnia (300 BC), which permitted plebeians to hold certain priestly offices; and
3210-563: The Lex Hortensia (287 BC), which stated that the determinations of plebeian assemblies (plebiscita) would henceforth be binding on the entire populus Romanus , both patricians and plebeians. Another important statute from the Republican era is the Lex Aquilia of 286 BC, which may be regarded as the root of modern tort law . Rome's most important contribution to European legal culture
3317-866: The American Civil War , including about 6% in the North and approximately 18% in the South. The war remains the deadliest conflict in American history, resulting in the deaths of 620,000 military personnel. United States military casualties of war since 1775 have totaled over two million. Of the 60 million European military personnel who were mobilized in World War I , 8 million were killed, 7 million were permanently disabled, and 15 million were seriously injured. During Napoleon 's retreat from Moscow, more French military personnel died of typhus than were killed by
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3424-634: The Battle of Actium and Mark Antony 's suicide, what was left of the Roman constitution died along with the Republic. The first Roman emperor , Augustus , attempted to manufacture the appearance of a constitution that still governed the Empire, by utilising that constitution's institutions to lend legitimacy to the Principate , e.g., reusing prior grants of greater imperium to substantiate Augustus' greater imperium over
3531-560: The French civil code came into force. In the course of the 19th century, many European states either adopted the French model or drafted their own codes. In Germany, the political situation made the creation of a national code of laws impossible. From the 17th century, Roman law in Germany had been heavily influenced by domestic (customary) law, and it was called usus modernus Pandectarum . In some parts of Germany, Roman law continued to be applied until
3638-417: The Principate in 27 BC. In the period between about 201 to 27 BC, more flexible laws develop to match the needs of the time. In addition to the old and formal ius civile a new juridical class is created: the ius honorarium , which can be defined as "The law introduced by the magistrates who had the right to promulgate edicts in order to support, supplement or correct the existing law." With this new law
3745-483: The Soviet Union were around 27 million . Since a high proportion of those killed were young men who had not yet fathered any children, population growth in the postwar Soviet Union was much lower than it otherwise would have been. Once a war has ended, losing nations are sometimes required to pay war reparations to the victorious nations. In certain cases, land is ceded to the victorious nations. For example,
3852-543: The ecclesiastical courts and, less directly, through the development of the equity system. In addition, some concepts from Roman law made their way into the common law. Especially in the early 19th century, English lawyers and judges were willing to borrow rules and ideas from continental jurists and directly from Roman law. The practical application of Roman law, and the era of the European Ius Commune , came to an end when national codifications were made. In 1804,
3959-461: The formulary system , and cognitio extra ordinem . The periods in which these systems were in use overlapped one another and did not have definitive breaks, but it can be stated that the legis actio system prevailed from the time of the XII Tables (c. 450 BC) until about the end of the 2nd century BC, that the formulary procedure was primarily used from the last century of the Republic until the end of
4066-464: The imperial provinces and the prorogation of different magistracies to justify Augustus' receipt of tribunician power. The belief in a surviving constitution lasted well into the life of the Roman Empire . Stipulatio was the basic form of contract in Roman law. It was made in the format of question and answer. The precise nature of the contract was disputed, as can be seen below. Rei vindicatio
4173-467: The patricians to send a delegation to Athens to copy the Laws of Solon ; they also dispatched delegations to other Greek cities for a like reason. In 451 BC, according to the traditional story (as Livy tells it), ten Roman citizens were chosen to record the laws, known as the decemviri legibus scribundis . While they were performing this task, they were given supreme political power ( imperium ), whereas
4280-577: The pollution of water sources. The fourth book, called De Appellationibus , contains 15 articles. The volume explains how judges are nominated, the classification of sentences , appeals and appellant guarantees. The fifth book, called Extraordinarium , contains 46 articles covering a range of topics. These include the sale of meat , sanitation and health , water reserves and roads . The sixth book contains 42 articles and covers compensation , weights and plant cultivation . In particular, it explains that family heads are responsible for
4387-404: The salary of lawyers . The third book, called Maleficiorum , contains 74 articles and covers criminal law . Prosecution of criminal acts is reserved for the state alone. The laws provide a formula by which a punishment shall be proportional to the offense and any mitigating circumstances . Special attention is given to protecting the assets of the state and church , and to preventing
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4494-661: The 11th-century Old English words wyrre and werre , from Old French werre (also guerre as in modern French), in turn from the Frankish * werra , ultimately deriving from the Proto-Germanic * werzō ' mixture, confusion ' . The word is related to the Old Saxon werran , Old High German werran , and the modern German verwirren , meaning ' to confuse, to perplex, to bring into confusion ' . The earliest evidence of prehistoric warfare
4601-423: The 2nd century BC. Among the famous jurists of the republican period are Quintus Mucius Scaevola , who wrote a voluminous treatise on all aspects of the law, which was very influential in later times, and Servius Sulpicius Rufus , a friend of Marcus Tullius Cicero . Thus, Rome had developed a very sophisticated legal system and a refined legal culture when the Roman republic was replaced by the monarchical system of
4708-502: The German civil code ( Bürgerliches Gesetzbuch , BGB) went into effect in 1900. Colonial expansion spread the civil law system. Today, Roman law is no longer applied in legal practice, even though the legal systems of some countries like South Africa and San Marino are still based on the old jus commune . However, even where the legal practice is based on a code, many rules deriving from Roman law apply: no code completely broke with
4815-578: The Germanic kings, however, the influence of early Eastern Roman codes on some of these is quite discernible. In many early Germanic states, Roman citizens continued to be governed by Roman laws for quite some time, even while members of the various Germanic tribes were governed by their own respective codes. The Codex Justinianus and the Institutes of Justinian were known in Western Europe, and along with
4922-680: The Great Depression, though some consider that it did not play a very large role in the recovery, though it did help in reducing unemployment. In most cases, such as the wars of Louis XIV, the Franco-Prussian War , and World War I , warfare primarily results in damage to the economy of the countries involved. For example, Russia's involvement in World War I took such a toll on the Russian economy that it almost collapsed and greatly contributed to
5029-796: The Isaurian issued a new code, the Ecloga , in the early 8th century. In the 9th century, the emperors Basil I and Leo VI the Wise commissioned a combined translation of the Code and the Digest, parts of Justinian's codes, into Greek, which became known as the Basilica . Roman law as preserved in the codes of Justinian and in the Basilica remained the basis of legal practice in Greece and in
5136-563: The Middle Ages. Roman law regulated the legal protection of property and the equality of legal subjects and their wills, and it prescribed the possibility that the legal subjects could dispose their property through testament. By the middle of the 16th century, the rediscovered Roman law dominated the legal practice of many European countries. A legal system, in which Roman law was mixed with elements of canon law and of Germanic custom, especially feudal law , had emerged. This legal system, which
5243-554: The Neanderthals and ancestors of apes and primates. For the period 3000 BCE until 1991, estimates range from 151 million to 2 billion. The deadliest war in history, in terms of the cumulative number of deaths since its start, is World War II , from 1939 to 1945, with 70–85 million deaths, followed by the Mongol conquests at up to 60 million. As concerns a belligerent's losses in proportion to its prewar population,
5350-460: The Roman civil law ( ius civile Quiritium ) that applied only to Roman citizens, and was bonded to religion; undeveloped, with attributes of strict formalism, symbolism, and conservatism, e.g. the ritual practice of mancipatio (a form of sale). The jurist Sextus Pomponius said, "At the beginning of our city, the people began their first activities without any fixed law, and without any fixed rights: all things were ruled despotically, by kings". It
5457-405: The Roman tradition. Rather, the provisions of the Roman law were fitted into a more coherent system and expressed in the national language. For this reason, knowledge of the Roman law is indispensable to understand the legal systems of today. Thus, Roman law is often still a mandatory subject for law students in civil law jurisdictions . In this context, the annual International Roman Law Moot Court
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#17328560383025564-544: The Romans acquired Greek legislations from the Greek cities of Magna Graecia , the main portal between the Roman and Greek worlds. The original text of the Twelve Tables has not been preserved. The tablets were probably destroyed when Rome was conquered and burned by the Gauls in 387 BC. The fragments which did survive show that it was not a law code in the modern sense. It did not provide
5671-684: The Russians. Of the 450,000 soldiers who crossed the Neman on 25 June 1812, less than 40,000 returned. More military personnel were killed from 1500 to 1914 by typhus than from military action. In addition, if it were not for modern medical advances there would be thousands more dead from disease and infection. For instance, during the Seven Years' War , the Royal Navy reported it conscripted 184,899 sailors, of whom 133,708 (72%) died of disease or were 'missing'. It
5778-474: The Senate controlled the treasury; and the consuls had the highest juridical power. By the middle of the 3rd century, the conditions for the flourishing of a refined legal culture had become less favourable. The general political and economic situation deteriorated as the emperors assumed more direct control of all aspects of political life. The political system of the Principate , which had retained some features of
5885-438: The United States and U.S. Generals , expressed support for an economic view of war. The Marxist theory of war is quasi-economic in that it states all modern wars are caused by competition for resources and markets between great ( imperialist ) powers, claiming these wars are a natural result of capitalism . Marxist economists Karl Kautsky , Rosa Luxemburg , Rudolf Hilferding and Vladimir Lenin theorized that imperialism
5992-510: The actions of their sons and any servants . On 12 July 1974 the Captains-Regent signed a law (59/1974) adopted by the Grand and General Council containing a declaration of citizen rights and the fundamental principles of the juridical order of San Marino. The Declaration begins with a repudiation of war . It states the people are sovereign and explains how the separation of powers doctrine
6099-644: The ancient Roman legal texts, and to teach others what they learned from their studies. The center of these studies was Bologna . The law school there gradually developed into Europe's first university. The students who were taught Roman law in Bologna (and later in many other places) found that many rules of Roman law were better suited to regulate complex economic transactions than were the customary rules, which were applicable throughout Europe. For this reason, Roman law, or at least some provisions borrowed from it, began to be re-introduced into legal practice, centuries after
6206-466: The armed forces of states , or between governmental forces and armed groups that are organized under a certain command structure and have the capacity to sustain military operations, or between such organized groups. It is generally characterized by extreme violence , destruction, and mortality, using regular or irregular military forces . Warfare refers to the common activities and characteristics of types of war, or of wars in general. Total war
6313-431: The basis of all law in effect today, and so it may be the oldest constitution of any existing nation. The first book contains 62 articles. It is constitutional in character and describes the various councils of San Marino, courts , a number of administrative positions, including the Captains-Regent , and the powers assigned to them. The last two articles explain how the law is to be interpreted and altered, including how
6420-427: The bureaucratization, this procedure disappeared, and was substituted by the so-called "extra ordinem" procedure, also known as cognitory. The whole case was reviewed before a magistrate, in a single phase. The magistrate had obligation to judge and to issue a decision, and the decision could be appealed to a higher magistrate. German legal theorist Rudolf von Jhering famously remarked that ancient Rome had conquered
6527-988: The chances of becoming a psychiatric casualty – of being debilitated for some period of time as a consequence of the stresses of military life – were greater than the chances of being killed by enemy fire. Swank and Marchand's World War II study found that after sixty days of continuous combat, 98% of all surviving military personnel will become psychiatric casualties. Psychiatric casualties manifest themselves in fatigue cases, confusional states, conversion hysteria, anxiety, obsessional and compulsive states, and character disorders. One-tenth of mobilised American men were hospitalised for mental disturbances between 1942 and 1945, and after thirty-five days of uninterrupted combat, 98% of them manifested psychiatric disturbances in varying degrees. Additionally, it has been estimated anywhere from 18% to 54% of Vietnam war veterans suffered from posttraumatic stress disorder . Based on 1860 census figures, 8% of all white American males aged 13 to 43 died in
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#17328560383026634-419: The classical period (c. AD 200), and that of cognitio extra ordinem was in use in post-classical times. Again, these dates are meant as a tool to help understand the types of procedure in use, not as a rigid boundary where one system stopped and another began. During the republic and until the bureaucratization of Roman judicial procedure, the judge was usually a private person ( iudex privatus ). He had to be
6741-768: The conflict, and increased revenues by weapons manufacturers . Three of the ten most costly wars, in terms of loss of life, have been waged in the last century. These are the two World Wars, followed by the Second Sino-Japanese War (which is sometimes considered part of World War II , or as overlapping). Most of the others involved China or neighboring peoples. The death toll of World War II, being over 60 million, surpasses all other war-death-tolls. Military personnel subject to combat in war often suffer mental and physical injuries, including depression, posttraumatic stress disorder , disease, injury, and death. In every war in which American soldiers have fought in,
6848-414: The contrary, on a global scale the time since WWII has been unusually peaceful. Estimates for total deaths due to war vary widely. In one estimate, primitive warfare from 50,000 to 3000 BCE has been thought to have claimed 400 million±133,000 victims based on the assumption that it accounted for the 15.1% of all deaths. Other scholars find the prehistoric percentage much lower, around 2%, similar to
6955-749: The courts of the Eastern Orthodox Church even after the fall of the Byzantine Empire and the conquest by the Turks, and, along with the Syro-Roman law book , also formed the basis for much of the Fetha Negest , which remained in force in Ethiopia until 1931. In the west, Justinian's political authority never went any farther than certain portions of the Italian and Hispanic peninsulas. In Law codes issued by
7062-430: The current era are the period during which Roman law and Roman legal science reached its greatest degree of sophistication. The law of this period is often referred to as the "classical period of Roman law". The literary and practical achievements of the jurists of this period gave Roman law its unique shape. The jurists worked in different functions: They gave legal opinions at the request of private parties. They advised
7169-432: The defendant with the aid of the condictio furtiva (a personal action). With the aid of the actio legis Aquiliae (a personal action), the plaintiff could claim damages from the defendant. Rei vindicatio was derived from the ius civile , therefore was only available to Roman citizens. A person's abilities and duties within the Roman legal system depended on their legal status ( status ). The individual could have been
7276-590: The dissolution of the Western Roman Empire , the Roman law remained in effect in the Eastern Roman Empire . From the 7th century onward, the legal language in the East was Greek. Roman law also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany , Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as
7383-601: The earlier code of Theodosius II , served as models for a few of the Germanic law codes; however, the Digest portion was largely ignored for several centuries until around 1070, when a manuscript of the Digest was rediscovered in Italy. This was done mainly through the works of glossars who wrote their comments between lines ( glossa interlinearis ), or in the form of marginal notes ( glossa marginalis ). From that time, scholars began to study
7490-485: The eastern part of the Empire, most of the subtleties of classical law came to be disregarded and finally forgotten in the west. Classical law was replaced by so-called vulgar law . The Roman Republic's constitution or mos maiorum ("custom of the ancestors") was an unwritten set of guidelines and principles passed down mainly through precedent. Concepts that originated in the Roman constitution live on in constitutions to this day. Examples include checks and balances ,
7597-401: The end of the Roman empire. This process was actively supported by many kings and princes who employed university-trained jurists as counselors and court officials and sought to benefit from rules like the famous Princeps legibus solutus est ("The sovereign is not bound by the laws", a phrase initially coined by Ulpian , a Roman jurist). There are several reasons that Roman law was favored in
7704-488: The evidence and ruled in the way that seemed just. Because the judge was not a jurist or a legal technician, he often consulted a jurist about the technical aspects of the case, but he was not bound by the jurist's reply. At the end of the litigation, if things were not clear to him, he could refuse to give a judgment, by swearing that it wasn't clear. Also, there was a maximum time to issue a judgment, which depended on some technical issues (type of action, etc.). Later on, with
7811-584: The evidence examined in the 2008 edition of the Center for International Development and Conflict Management's "Peace and Conflict" study indicated the overall decline in conflicts had stalled. Entities contemplating going to war and entities considering whether to end a war may formulate war aims as an evaluation/propaganda tool. War aims may stand as a proxy for national-military resolve. Fried defines war aims as "the desired territorial, economic, military or other benefits expected following successful conclusion of
7918-459: The increasing mobility of capital and information level the distributions of wealth worldwide, or when considering that it is relative, not absolute, wealth differences that may fuel wars. There are those on the extreme right of the political spectrum who provide support, fascists in particular, by asserting a natural right of a strong nation to whatever the weak cannot hold by force. Some centrist, capitalist, world leaders, including Presidents of
8025-475: The jurisprudence of the Corpus Juris Civilis , especially in countries such as medieval Romania ( Wallachia , Moldavia , and some other medieval provinces/historical regions) which created a new system, a mixture of Roman and local law. Also, Eastern European law was influenced by the " Farmer's Law " of the medieval Byzantine legal system . Before the Twelve Tables (754–449 BC), private law comprised
8132-410: The jurist Salvius Iulianus drafted a standard form of the praetor's edict, which was used by all praetors from that time onwards. This edict contained detailed descriptions of all cases, in which the praetor would allow a legal action and in which he would grant a defense. The standard edict thus functioned like a comprehensive law code, even though it did not formally have the force of law. It indicated
8239-425: The law is to be promulgated . The second book, called Civilium Causarum , contains 75 articles. The first half provides for civil law procedures covering subpoenas , evidence , examination of witnesses and judicial expenses. The second half covers minors , education , the salaries of the civil service and wills . There is a section which promotes compromise to resolve disputes and another which regulates
8346-478: The magistrates who were entrusted with the administration of justice, most importantly the praetors. They helped the praetors draft their edicts , in which they publicly announced at the beginning of their tenure, how they would handle their duties, and the formularies, according to which specific proceedings were conducted. Some jurists also held high judicial and administrative offices themselves. The jurists also produced all kinds of legal punishments. Around AD 130
8453-498: The most destructive war in modern history may have been the Paraguayan War (see Paraguayan War casualties ). In 2013 war resulted in 31,000 deaths, down from 72,000 deaths in 1990. War usually results in significant deterioration of infrastructure and the ecosystem, a decrease in social spending, famine , large-scale emigration from the war zone, and often the mistreatment of prisoners of war or civilians. For instance, of
8560-542: The motivations for war, but no consensus about which are most common. Military theorist Carl von Clausewitz said, "Every age has its own kind of war, its own limiting conditions, and its own peculiar preconceptions." Dutch psychoanalyst Joost Meerloo held that, "War is often...a mass discharge of accumulated internal rage (where)...the inner fears of mankind are discharged in mass destruction." Other psychoanalysts such as E.F.M. Durban and John Bowlby have argued human beings are inherently violent. This aggressiveness
8667-590: The nature and presence of warfare. Thus, he argues, warfare is not a universal human occurrence and appears to have been a historical invention, associated with certain types of human societies. Montagu's argument is supported by ethnographic research conducted in societies where the concept of aggression seems to be entirely absent, e.g. the Chewong and Semai of the Malay peninsula. Bobbi S. Low has observed correlation between warfare and education, noting societies where warfare
8774-516: The nine million people who were on the territory of the Byelorussian SSR in 1941, some 1.6 million were killed by the Germans in actions away from battlefields, including about 700,000 prisoners of war, 500,000 Jews, and 320,000 people counted as partisans (the vast majority of whom were unarmed civilians). Another byproduct of some wars is the prevalence of propaganda by some or all parties in
8881-450: The old formalism is being abandoned and new more flexible principles of ius gentium are used. The adaptation of law to new needs was given over to juridical practice, to magistrates , and especially to the praetors . A praetor was not a legislator and did not technically create new law when he issued his edicts ( magistratuum edicta ). In fact, the results of his rulings enjoyed legal protection ( actionem dare ) and were in effect often
8988-399: The policy and it is always a simple matter to drag the people along, whether it is a democracy or a fascist dictatorship or a Parliament or a Communist dictatorship. ... the people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger. It works
9095-437: The power of the magistrates was restricted. In 450 BC, the decemviri produced the laws on ten tablets ( tabulae ), but these laws were regarded as unsatisfactory by the plebeians. A second decemvirate is said to have added two further tablets in 449 BC. The new Law of the Twelve Tables was approved by the people's assembly. Modern scholars tend to challenge the accuracy of Latin historians . They generally do not believe that
9202-525: The psychological aftereffects of witnessing the destruction of war. War also results in lower quality of life and worse health outcomes. A medium-sized conflict with about 2,500 battle deaths reduces civilian life expectancy by one year and increases infant mortality by 10% and malnutrition by 3.3%. Additionally, about 1.8% of the population loses access to drinking water . Most estimates of World War II casualties indicate around 60 million people died, 40 million of whom were civilians. Deaths in
9309-519: The republican constitution, began to transform itself into the absolute monarchy of the Dominate . The existence of legal science and of jurists who regarded law as a science, not as an instrument to achieve the political goals set by the absolute monarch, did not fit well into the new order of things. The literary production all but ended. Few jurists after the mid-3rd century are known by name. While legal science and legal education persisted to some extent in
9416-440: The requirements for a successful legal claim. The edict therefore became the basis for extensive legal commentaries by later classical jurists like Paulus and Ulpian . The new concepts and legal institutions developed by pre-classical and classical jurists are too numerous to mention here. Only a few examples are given here: The Roman Republic had three different branches: The assemblies passed laws and made declarations of war;
9523-419: The rise of the state some 5,000 years ago, military activity has continued over much of the globe. The invention of gunpowder , and its eventual use in warfare, together with the acceleration of technological advances have fomented major changes to war itself. In Western Europe, since the late 18th century, more than 150 conflicts and about 600 battles have taken place. During the 20th century, war resulted in
9630-407: The sacred object to which we are attached, namely our early mother and our fusion with her. For the adult, nations are the sacred objects that generate warfare. Fornari focused upon sacrifice as the essence of war: the astonishing willingness of human beings to die for their country, to give over their bodies to their nation. Despite Fornari's theory that man's altruistic desire for self-sacrifice for
9737-668: The same way in any country. Several theories concern the evolutionary origins of warfare. There are two main schools: One sees organized warfare as emerging in or after the Mesolithic as a result of complex social organization and greater population density and competition over resources; the other sees human warfare as a more ancient practice derived from common animal tendencies, such as territoriality and sexual competition. The latter school argues that since warlike behavior patterns are found in many primate species such as chimpanzees , as well as in many ant species, group conflict may be
9844-505: The separation of powers , vetoes , filibusters , quorum requirements, term limits , impeachments , the powers of the purse , and regularly scheduled elections . Even some lesser used modern constitutional concepts, such as the block voting found in the electoral college of the United States , originate from ideas found in the Roman constitution. The constitution of the Roman Republic was not formal or even official. Its constitution
9951-448: The source of new legal rules. A praetor's successor was not bound by the edicts of his predecessor; however, he did take rules from edicts of his predecessor that had proved to be useful. In this way a constant content was created that proceeded from edict to edict ( edictum traslatitium ). Thus, over the course of time, parallel to the civil law and supplementing and correcting it, a new body of praetoric law emerged. In fact, praetoric law
10058-461: The start of the Russian Revolution of 1917 . World War II was the most financially costly conflict in history; its belligerents cumulatively spent about a trillion U.S. dollars on the war effort (as adjusted to 1940 prices). The Great Depression of the 1930s ended as nations increased their production of war materials. By the end of the war, 70% of European industrial infrastructure
10165-506: The territory of Alsace-Lorraine has been traded between France and Germany on three different occasions. Typically, war becomes intertwined with the economy and many wars are partially or entirely based on economic reasons. The common view among economic historians is that the Great Depression ended with the advent of World War II . Many economists believe that government spending on the war caused or at least accelerated recovery from
10272-729: The time Roman law was rediscovered. Therefore, the practical advantages of Roman law were less obvious to English practitioners than to continental lawyers. As a result, the English system of common law developed in parallel to Roman-based civil law, with its practitioners being trained at the Inns of Court in London rather than receiving degrees in Canon or Civil Law at the Universities of Oxford or Cambridge . Elements of Romano-canon law were present in England in
10379-451: The world three times: the first through its armies, the second through its religion, the third through its laws. He might have added: each time more thoroughly. When the centre of the Empire was moved to the Greek East in the 4th century, many legal concepts of Greek origin appeared in the official Roman legislation. The influence is visible even in the law of persons or of the family, which
10486-423: Was a codification of Constantian laws. Later emperors went even further, until Justinian finally decreed that a child in potestate became owner of everything it acquired, except when it acquired something from its father. The codes of Justinian, particularly the Corpus Juris Civilis (529–534) continued to be the basis of legal practice in the Empire throughout its so-called Byzantine history. Leo III
10593-581: Was common to all of continental Europe (and Scotland ) was known as Ius Commune . This Ius Commune and the legal systems based on it are usually referred to as civil law in English-speaking countries. Only England and the Nordic countries did not take part in the wholesale reception of Roman law. One reason for this is that the English legal system was more developed than its continental counterparts by
10700-578: Was destroyed. Property damage in the Soviet Union inflicted by the Axis invasion was estimated at a value of 679 billion rubles. The combined damage consisted of complete or partial destruction of 1,710 cities and towns, 70,000 villages/hamlets, 2,508 church buildings, 31,850 industrial establishments, 40,000 mi (64,374 km) of railroad, 4100 railroad stations, 40,000 hospitals, 84,000 schools, and 43,000 public libraries. There are many theories about
10807-484: Was developed in order to better educate the students and to network with one another internationally. As steps towards a unification of the private law in the member states of the European Union are being taken, the old jus commune , which was the common basis of legal practice everywhere in Europe, but allowed for many local variants, is seen by many as a model. War War is an armed conflict between
10914-667: Was important to have a reputation for retaliation, causing humans to develop instincts for revenge as well as for protecting a group's (or an individual's) reputation (" honor "). Crofoot and Wrangham have argued that warfare, if defined as group interactions in which "coalitions attempt to aggressively dominate or kill members of other groups", is a characteristic of most human societies. Those in which it has been lacking "tend to be societies that were politically dominated by their neighbors". Ashley Montagu strongly denied universalistic instinctual arguments, arguing that social factors and childhood socialization are important in determining
11021-457: Was largely unwritten, and was constantly evolving throughout the life of the Republic. Throughout the 1st century BC, the power and legitimacy of the Roman constitution was progressively eroding. Even Roman constitutionalists, such as the senator Cicero , lost a willingness to remain faithful to it towards the end of the Republic. When the Roman Republic ultimately fell in the years following
11128-506: Was not the enactment of well-drafted statutes, but the emergence of a class of professional jurists ( prudentes or jurisprudentes , sing. prudens ) and of a legal science. This was achieved in a gradual process of applying the scientific methods of Greek philosophy to the subject of law, a subject which the Greeks themselves never treated as a science. Traditionally, the origins of Roman legal science are connected to Gnaeus Flavius . Flavius
11235-426: Was so defined by the famous Roman jurist Papinian (142–212 AD): " Ius praetorium est quod praetores introduxerunt adiuvandi vel supplendi vel corrigendi iuris civilis gratia propter utilitatem publicam " ("praetoric law is that law introduced by praetors to supplement or correct civil law for public benefit"). Ultimately, civil law and praetoric law were fused in the Corpus Juris Civilis . The first 250 years of
11342-533: Was the result of capitalist countries needing new markets . Expansion of the means of production is only possible if there is a corresponding growth in consumer demand . Since the workers in a capitalist economy would be unable to fill the demand, producers must expand into non-capitalist markets to find consumers for their goods, hence driving imperialism. Demographic theories can be grouped into two classes, Malthusian and youth bulge theories: Malthusian theories see expanding population and scarce resources as
11449-561: Was written in Latin and contained in six books. The title in Latin is Statuta Decreta ac Ordinamenta Illustris Reipublicae ac Perpetuae Libertatis Terrae Sancti Marini . The new system was an update on the Statuti Comunali (Town Statute) which had served San Marino from about 1300. Existing institutions, such as the Council of the Sixty , were carried forward from this period. The Statutes form
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