Modern scholars are deeply divided over the extent to which early Byzantine provinces such as Egypt adopted imperial Roman law. This thesis undertook a diachronic study of the published debt acknowledgements from Egypt and Nessana for the fifth through seventh centuries CE to examine the degree of adoption of imperial legal changes. The debt acknowledgements are one of the largest sets of papyri documents for this period, consisting of 283 Greek and fifty-seven Coptic documents. Having created a database of these documents, in their original Greek or Coptic plus an English translation and information from the major commentaries, I had an unparalleled opportunity to analyse change, both legal and socio-economic. The research shows that while many legal changes, including the requirement for regnal dating and changes in the liability of co-debtors, were generally adopted, there was resistance to other changes. For example, the interest rate reduction ordered by Justinian I in 528 was clearly disseminated because some documents reflect the reduction. Most people, however, continued to charge the earlier higher rates. Furthermore, some sectors of the population appear to have struggled with the imperial changes. Model formats for a simplified Greek debt acknowledgement and a very similar Coptic debt acknowledgement were developed and disseminated in the sixth century. These simplified formats did not use regnal dating or many of the other customary clauses of the formal Greek debt acknowledgment. The early development of these simplified formats, together with evidence of the privatisation and localisation of many imperial functions, including dispute resolution, support the view that the later sixth century experienced an unravelling of ties with the Roman Empire. The catastrophic seventh century, with its civil wars and Persian and Arab invasions, resulted in a shift in language from Greek to Coptic for personal legal documents. The disruption of the seventh century, however, only accelerated and finalised a process of change that was already well established in the sixth century.

This diploma thesis describes law history, present way of acqusition of imovable property and considerations about a future law adjustment of a civil law book.

As obras dedicadas à história do direito do trabalho costumam dar pouca atenção à fase anterior à Consolidação das Leis do Trabalho, em especial à chamada fase ministerial (ou administrativa) da Justiça do Trabalho. O objetivo da presente dissertação é produzir, por meio da análise de processos submetidos ao Conselho Nacional do Trabalho, um retrato do funcionamento do sistema burocrático de distribuição de justiça em matéria trabalhista e previdenciária montado na estrutura do Poder Executivo, mais especificamente no Ministério do Trabalho, Indústria e Comércio, especialmente entre 1934 e 1946, quando o Conselho Nacional do Trabalho passou a exercer função propriamente judicante. Para isso, buscou-se desvendar o desenho institucional do Conselho Nacional do Trabalho, a atuação dos conselheiros, as fontes doutrinárias a que recorriam, os personagens que gravitavam no seu entorno, todos dedicados ao manejo do sistema criado, de modo a observar como o aparato burocrático composto pelo Conselho Nacional do Trabalho (e demais órgãos a ele vinculados) construiu as primeiras soluções jurídicas para o reconhecimento e o enforcement dos direitos sociais no Brasil, em especial os de índole trabalhista e previdenciária. A colocação em movimento dos direitos sociais pelo CNT, pela doutrina e pelos demais atores relevantes mostram uma atuação efetiva dos órgãos de distribuição de justiça trabalhista, com elevada demanda pelos serviços por parte dos trabalhadores, que souberam articular um discurso fortemente impregnado da linguagem da legalidade para fazer valer suas pretensões. As construções das soluções dos casos são as mais variadas, ora com remessa ao texto legal ora buscando os institutos propagados como fundamentais no arcabouço do novo direito, tais como equidade, espírito da lei e vontade do legislador. / Labor law history studies do not usually focus attention to the period preceding the Consolidation of Brazilian Labor Laws, in particular to the so-called ministerial (or administrative) period. This essay intends to produce, by means of the analysis of labor claims submitted to the National Labor Commission, a portrait of the bureaucratic system of labor and social security justice in operation inside the structure of the Executive Branch, specially between 1934 and 1946, when the Commission started to perform its judicative legal attribution. For this purpose, we presented the National Labor Commissions institutional design, the commissioners actions, the doctrine sources consulted, the players surrounding it, all of them dedicated to manage the created system, in order to build the first legal solutions aimed at recognizing and enforcing social rights in Brazil, specially labor and social security rights. The setting in motion of the social rights by the NLC, by the doctrine and by other relevant players shows an effective action of the bodies of labor justice administration and workers high demand for its services. We also show the workers ability to articulate a discourse strongly pervaded by the rule of law jargon in order to enforce their rights. The solutions for the cases vary, sometimes containing a reference to the legal text and in other circumstances using legal institutions fundamentally related to the new law, such as fairness, spitit of the law and will of the legislator.

Iudicet iudicarive iubeat. Reflexões sobre os origens do processo civil romano e as causas da bipartição. Depois da introdução, o segundo capítulo analisa os aspectos da história constitucional da Monarquia e início da República, sobretudo as críticas à historiografia tradicional no tocante à passagem de um regime ao outro, além de estudar a religião romana arcaica. O terceiro capítulo busca elementos da administração da justiça no direito comparado (babilônico, gregos e germânicos), enquanto que o quarto analisa o início do processo criminal romano. O quinto capítulo, por sua vez, investiga as várias teorias acerca do início do processo civil, como da arbitragem, defesa privada, Volksjustiz etc. O sexto capítulo trata das várias teorias da bipartição, procurando estabelecer se teve caráter originário no processo civil romano e suas causas. O sétimo capítulo analisa as legis actiones mais antigas (legis actio sacramento, legis actio per manus iniectionem e legis actio per iudicis arbitrive postulationem). O oitavo capítulo tenta verificar o conteúdo da iurisdictio romana e suas relações com o imperium, enquanto que o capítulo nono trata das figuras do iudex e do arbiter. O décimo capítulo apresenta as críticas às teorias expostas, formulando hipótese acerca do surgimento do processo civil romano por meio de resolução das controvérsias no âmbito da comunidade anteriormente à formação da civitas com base em cultura e religião comuns, razão por que a presente tese propõe a adoção do termo justiça comunitária pré-cívica para qualificar esse sistema, propugnando pelo abandono das expressões autotutela/justiça privada e Volksjustiz por serem ambas portadoras de equívocos. No tocante à bipartição, a presente tese considera verossímil sua consolidação na época da Lei das XII Tábuas em razão sobretudo do fenômeno da dessacralização do processo / Iudicet iudicarive iubeat. Remarks on the origins of the Roman civil procedure and the causes of its dual mode. After the introduction, the second chapter analyses some aspects of constitucional history of Monarchy and the beginning of Republic, mainly the critics against the tradicional historiography concerning the transition from the first to the latter and it also studies the ancient Roman religion. The third chapter seeks elements from the administration of justice in comparative law (Babylonic, Greeks and Germanics), while the forth one analyses the beginning of the criminal persecution in Rome. The fifth chapter investigates the theories about the beginning of civil litigation, such as arbitration, self help, Volksjustiz etc. The sixth chapter deals with the dual mode procedure theories, trying to set if is had an original character and its causes. The seventh chapter analyses the most ancient legis actiones (legis actio sacramento, legis actio per manus iniectionem e legis actio per iudicis arbitrive postulationem). The eighth chapter tries to verify the content of the Roman iurisdictio and its relationships with imperium, while the nineth chapter deals with the figures of iudex and arbiter. The last chapter presents the critics to the analysed theories and formulates a hypothesis about the beginning ot the Roman civil procedure through the disputes settlement inside the community before the creation of civitas basing on common culture and religion. Thus, the thesis proposes the adoption of the term justiça comunitária pré-cívica (precivic community justice) in order to qualify this system, refusing the expressions self help, private justice and Volksjustiz, who are dubious. Regarding the dual mode, the thesis sustains it is plausible that it had already benn consolidated by the time of the Twelve Tables Law according mainly to the dessacralization of process.

D.Phil. et Litt. / The interaction between law and love in Pauline writing has been an interesting topic, where we have discovered that the law of God cannot be separated from his agape love, which has followed mankind from creation and eventually leads him to eternity. We discovered that the law of God reveals God's character and that is his love. The Law of God and His Love are one and cannot be separated from each other. God gives the law to prove to man that he loves him deeply and eternally. When Jesus Christ died on the cross of Calvary, He died because of the love for his created beings and the law that was broken and could not be altered or changed without the shedding of blood. The redemption of the sinner had to be made possible through the shedding of blood by the one who had not broken God's law. The love and death of Jesus can only be understood through the plan of salvation, which is the interaction between law and love as exposed in Pauline writings. This is a mystery of the wonderful love of our Lord Jesus Christ. It is wonderful to discover the way Paul blends the law and love in a way that it makes it hard to separate the two. If not carefully studied, one would not be able to see this fact in Pauline writings. The Law of God is actually the expression of His love to us. He would like. us to love Him by keeping the first four commandments and loving our fellow man by keeping the last six of the Ten Commandments. We need to have a positive outlook on the law, so that we may love to do God's will and honour Him because He loved us dearly and did not spare His own son for our redemption. The plan of redemption was born out of the eternal love of God towards humanity that could not be measured by anything on earth and in Heaven. In chapter one and two, we look at the overview of law and love in Pauline writings. The Pauline framework, its theology and the ethics of law and love. The whole plan of salvation for all humanity and how God loves all His creation. Although God had a chosen people through Abraham, He only wanted to make His love known throughout the world and all generations. God had always had His special people through whom He made His love and care known although they sometimes failed to is do His will. Like the children of Israel failed him throughout the ages and He has always been patient with them until they killed Jesus on the Cross.

This thesis examines the body of international law drawn upon during the Nuremberg trials after World War II. The work analyzes the Hague Conventions, the Paris Peace Conference, and League of Nations decisions to support its conclusions. Contrary to the commonly held belief that the laws violated during World War II by the major war criminals were newly developed ideas, this thesis shows that the laws evolved over an extended period prior to the war. The work uses conference minutes, published government sources, the official journal of the League of Nations, and many memoirs to support the conclusions.

A insatisfação com o sistema latifundiário predominante na América Latina tem levado à implementação de reformas, ainda que com diferentes intensidades. O direito constitui um fator essencial nesses processos, através dos textos constitucionais e das leis que dispõem que a propriedade da terra deve cumprir uma função social. Tal concepção significou uma transformação do clássico direito de propriedade, aquele que assegura o uso pleno e ilimitado do bem pelo proprietário. Sua incorporação nas constituições ocorreu num processo amplo de reconhecimento dos direitos econômicos, sociais e culturais, denominado constitucionalismo social, verdadeira mudança de paradigma em meio a uma grande concorrência de interesses e pressões. Junto à função social, posteriormente foi considerada a função ambiental da propriedade fundiária, entendida como um requisito essencial nos tempos atuais. Este trabalho consiste num estudo comparativo acerca do surgimento, evolução e incorporação do princípio da função socioambiental da propriedade pelos ordenamentos jurídicos da Argentina, do Brasil e do Paraguai, assim como sobre o entendimento dos Tribunais de última instância a respeito da sua aplicação em casos concretos. Graças à revisão e análise do material bibliográfico, pôde-se interpretar que a pressão exercida pelos movimentos sociais constitui um dos principais fatores que determinaram a incorporação deste princípio nos sistemas jurídicos, embora com diferentes níveis de profundidade, vista a disparidade de força com a qual estes grupos atuam nos três países. Por outro lado, através da análise de conteúdo dos principais julgamentos dos Tribunais Superiores tratando sobre a função socioambiental da propriedade, foi possível advertir que tal princípio é aceito e levado em conta nos três casos. Porém, principalmente no caso brasileiro, seu cumprimento é em última análise colocado num segundo plano para a resolução das controvérsias, o que demonstra que sua aplicação concreta como princípio de justiça social é ainda tímida no âmbito judiciário. / The discontent with the landowner system in Latin America has led to the implementation of reforms, although with different intensities. The law has been a key factor in these processes through constitutions and laws which state that land ownership should fulfill a social function. This has meant to a transformation of the classic ownership law, one that ensures the full and unlimited use of the good by the owner. Its incorporation in constitutions takes place within a broad recognition process of economic, social and cultural rights, called social constitutionalism, a genuine paradigm shift that entailed huge fight of interests and pressures. Besides the social function, later was considered the environmental function, understood as a key requirement nowadays. This work is a comparative study about the emergence, evolution and incorporation of the social and environmental function principle of property by the legal systems of Argentina, Brazil and Paraguay, as well as on the understanding of the courts of last resorts regarding of their application in specific cases. By means of the review and analysis of bibliographic material, we could interpret that the pressure exerted by social movements has been one of the main factors in determining the incorporation of this principle in the legal systems, although with different strength, given the relevance of these groups operation in the three countries. Moreover, by analyzing the content of the Superior Courts main judgments dealing with the social and environmental function of property, it was possible to observe that such a principle is accepted and taken into account in all three cases. However, especially in the Brazilian case, its lack of compliance is placed in the background for disputes resolution, which shows that its practical application as a principle of social justice claims is still timid in courts.

Ever since the judicial reform in late Qing, all aspects linking to China law reforms were forced to be aligned with the national goal of abolishing the unequal treaties between China and foreign powers. Forty years' legal history, as the epochal era in shaping the modern Chinese legal system, became an integral part of history of the national movement against unequal treaties. Within the period where Ju Zheng was dominant in the sphere of law, the judiciary under party control and the nation-wide discussions on China new legal system were two successive processes of the national movement: the former was meant to create solidarity and political space needed for the anti-unequal-treaties movement, and the latter was measured to offer cultural continuity and identity consensus essential for national autonomy en course toward modernity. What's more, nationalism became the overarching ideology in legal sphere during Ju's times, and its repercussions helped foment a solid legal nationalization movement. This movement was embodied in organizations at the national level, namely the National Conference of Justices and the National Association in Jurisprudence of Republic of China. Second, the movement has two essential features: Party control over the judiciary and building of a new Chinese legal system. In this legal nationalization movement, Ju Zheng was the central figure and leader from the beginning right through the end. / For more than sixteen years (1932-1948) Mr. Ju Zheng was the most influential figure of the national judiciary under the Nanjing Regime, making the case of his legal thoughts and practices highly illustrative of the legal history of modern China. Building on Mr. Ju's personal background and experiences, this thesis attempts to foster a better understanding of Ju Zheng and his era in terms of legal history. / This thesis consists of five chapters: The first chapter introduces the scope of inquiry, the main themes of the study, the sources and the literature on this subject. Next chapter documents Ju Zheng's efforts in tackling the problems of Supreme Court inherited from his predecessors during his first three years in the key position of the judiciary. The third Chapter deals with the process of party control over the judiciary. In hindsight, this process went through two stages: first, it was a project to revolutionize the justices which ended up making most judges party members; the atmosphere of the next stage manifested in an article of Ju Zheng which called attentions to efficacious partisan indoctrinations and to ground nationalism as the guideline for the justices. This process of intermingling of the judiciary and the party did generate some positive results. For instance, it created a vigorous nation-wide movement to seek abolition of the unequal treaties with foreign powers, which later on undergirded the judicial pattern of deciding amnesty cases by Ju Zheng judiciary. Chapter four explores the legal nationalization movements initiated from the National Conference of Justices in the year of 1935, vividly epitomized in the following nation-wide discussions in 1930s and 1940s on how to create a new legal system embedded in China context. The discussions eventually converged to two distinct lines: the first line claimed that it was the long-lasting Chinese culture (zhong guo gu you) that was to become the starting-point for a new legal system; in contrast, the second line argued for "rebuilding" (chong xin jian li ) a new legal system for the modern China. The last chapter offers a few concluding remarks. / 江照信. / Adviser: Billy So Kee-long. / Source: Dissertation Abstracts International, Volume: 70-06, Section: A, page: 2184. / Thesis (doctoral)--Chinese University of Hong Kong, 2008. / Includes bibliographical references (p. 180-190). / Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Electronic reproduction. [Ann Arbor, MI] : ProQuest Information and Learning, [200-] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Abstracts in Chinese and English. / School code: 1307. / Jiang Zhaoxin.

This dissertation is an historical and philosophical study on the development of a subjective concept of individual rights. It takes the form of a history of ideas informed by genealogical methods of inquiry. Rather than seeking an origin for and underlying truth to human rights, it treats human rights as a product of various historical developments which are capable of being investigated in terms of their contingency as well as their continuous traditions. The thesis begins with an analysis of political theory in ancient Greek thought, primarily as a means of suggesting possible alternative political philosophies to the rights-based approach dominant in modern Western societies. The thesis then considers the theologicalpolitical discourse on sovereignty in the early Middle Ages, revolving around the doctrine of divine right and influenced by the function of the Christian Church in defining the nature of government. This is followed by an examination of the emergence of hierarchical, feudal relations and the formulation of feudal rights as based on proprietary notions and coinciding with individual liberties. In the following chapter there is a discussion of the juridical construction of sovereign power that emerged from the reception of Roman law and the development of canon law, the influence of legal textuality on the granting of rights and liberties, and the emergence of a discourse on public right as a way of defining the relationship between the prince and his subjects and thus delimiting sovereign authority. Finally, the thesis considers the legacy of the theory of natural rights and its relationship to forms of liberty, with an analysis of: firstly, the idea of natural rights that developed through canon law and the discussions surrounding the Franciscan poverty disputes; secondly, the role of property rights in the formulation of the rights of liberty; thirdly, the Christian understanding of liberty as a subjective attribute or power through the theo-ontological theory of human nature as represented by the free will; and fourthly, the transformation in Renaissance and early modern legal and political theory of the concept of liberty into a political doctrine about individual autonomy and inherent freedom. The purpose of the dissertation is to describe the multiple and complex historical processes from which the idea of subjective rights has emerged, as a means of understanding how human rights have come to play a seemingly essential role in modern legal and political discourses and practices.

In this thesis I have retrieved the modern language of the law of nature between the period 1625--1672. I have reconstructed this language as a response to the seventeenth century breakdown of society in Europe. / In Chapters 1, 2 and 3, I lay out Hugo Grotius' moral and political theory grounded in three irreducible principles of self-preservation, the primacy of society and consent. These principles lead Grotius to develop a rich and pluralistic theory. / Thomas Hobbes's theory calls into question the complex Grotian social and political arrangement and in its place provides an absolutist and homogeneous conception of the state. This is treated in Chapter 4. / In Chapters 5 and 6, I lay out Samuel Pufendorf's moral and political theory. Pufendorf accepts Grotius's and Hobbes' initial premises but argues for a 'regular' or homogeneous state. / The retrieval of the law of nature proposed in this thesis is important, for it radically calls into question the conventional manner in which we understand the seventeenth century. Among other things, this work illuminates the common foundation shared by contemporary liberals, communitarians and more radical theories.