Scholars have generally underestimated the level of Roman involvement in Africa in the period between the annexation of Carthage in 146 b.c. and Caesar's victory at Thapsus in 46 b.c., and the land in Africa which the Romans annexed has been conventionally called public land (ager publicus). This paper analyses the surviving text of the African provisions of the epigraphic lex agraria of 111 b.c. and notes that the term ager publicus is not attested in the provincial section of (...) the law. The land in Africa appears simply as ager in Africa and the term ager publicus is confined exclusively to Italy in the law of 111. However, Cicero's references to Rullus’ agrarian proposal in 64/3 b.c. in the De lege agraria suggest that the term ager publicus was used to qualify land existing outside Italy in Rullus’ proposal. This paper argues that the concept of ager publicus as opposed to private land developed in Africa between 111 and 63 b.c., and that this was linked to privatization of ager in Africa in this period. The results of this study suggest a high degree of Roman exploitation of African land prior to the Caesarean and Augustan colonies in the 40s b.c. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Political Economy and Classical AntiquityNeville MorleyThe literature of the ancients, their legislation, their public treaties, and their administration of the conquered provinces, all proclaim their utter ignorance of the nature and origin of wealth, of the manner in which it is distributed, and of the effects of its consumption.... The steadily increasing progress of different branches of industry, the advancement of the sciences, whose influence upon wealth we shall (...) have occasion hereafter to notice, and the direction of public opinion, at length estimating national prosperity as being of some importance, caused the science of political economy to enter into the contemplation of a great number of writers.J.-B. Say 1I. The science of political economy offered an entirely new way of understanding human society. 2 Say’s account of its emergence is teleological and self-serving, figuring his own work as the logical culmination of earlier enquiries, but it accurately reflects the way in which political economy was perceived and presented as a modern innovation. The more that eighteenth- and nineteenth-century political economists turned their attention towards the economic rather than the political state of the nation, the more they became aware of their own originality in doing so. The writings of the ancients might still dominate discussions of political theory, but the moderns noted with satisfaction the failings and fumblings of classical authors in the study of the economy; they alone had discerned its significance and developed the tools with which to [End Page 95] analyze it. Moreover, there was no obvious reason why this new science should confine its attentions to the contemporary world; the economies of the past could be studied in the same manner, and thus political economy offered the possibility of understanding ancient society better than the ancients did themselves.Students of ancient society were slow to respond to this challenge. Neither Edward Gibbon nor George Grote had much to say about the ancient economy, despite their close relationships with economists of the Scottish Enlightenment and the Philosophic Radicals respectively. Gibbon was well aware of contemporary debates on luxury (see below), and he also disputed Montesquieu’s theory that taxes decrease according to the level of despotism in a state, but that was all. 3 A letter written by Grote’s wife suggests that his chapter on Greek colonization was intended to infuse useful doctrines on political economy and the principle of population, but in the published version this intent is limited to vague statements about the importance of agriculture in sustaining a colony. 4 Grote’s advocacy of comparative history—“not omitting the points of resemblance as well as of contrast with the better-known forms of modern society”—was in practice limited to politics and the history of ideas, above all in the debate on the merits of democracy. 5 The sole exception was a comparison of Solon’s legislation restricting Athenian exports with the British Corn Laws, to the advantage of the former. 6With the lone exception of Boeckh’s 1817 treatise on The Public Economy of Athens, the subject of the ancient economy was almost entirely ignored by historians until the middle of the nineteenth century. 7 Their own interests and those of the ancient sources on which they relied led them to conceive of history in terms of events, above all of events in the fields of politics and war. Economic matters were touched upon in their accounts of certain episodes—the reforms of Solon, for example, or the Roman agrarian laws—but never in detail or with much analytical sophistication, let alone drawing upon the theoretical insights of political economy. William Ramsay’s Manual of Roman Antiquities in 1851 devoted much more space to economic topics than had been customary, but was otherwise indistinguishable from its predecessors; the chapter on Roman agriculture was little more than a paraphrase of the writings [End Page 96] of Vergil and Varro, and his account of state revenues merely compiled information from the ancient sources as an end in itself. 8The drought was not ended until 1854, when Theodor Mommsen’s History of Rome not only devoted considerable attention to such subjects as agriculture, commerce, and... (shrink)

Summary This article argues for the usefulness of recent scholarship on democratic decay (especially in the disciplines of political science and constitutional law) for explaining the breakdown of Rome’s res publica during the 50s BCE, with a particular focus on Steven Levitsky and Daniel Ziblatt’s “How Democracies Die” (2018). Using “democracy” in the neo-republican sense of government free from domination, Levitsky and Ziblatt show how the actions and reactions of political actors can damage a political system without any intention to (...) overthrow it. This article combines their insights with concepts from Christian Meier’s “Res Publica Amissa” (2nd edition 1980) to analyse Caesar’s first consulship in 59 BCE. After explaining how the theory can responsibly be applied, it closely examines the major events of the year, especially the contest over the agrarian law. Caesar’s actions throughout the year demonstrate Levitsky and Ziblatt’s warning signs for a potential authoritarian, as do those of the opposition. This analysis helps us more clearly understand just how the events of “the consulship of Julius and Caesar” (Suet. Iul. 20.2) contributed to Rome’s democratic decay in succeeding years. The article connects to much recent work on late-republican political institutions. It also helps make this dramatic period of Roman history comprehensible to political scientists by analysing it in their own theoretical terms. (shrink)

This paper discusses the concept of information formulated by Michael (Michał) Heller. Heller—a philosopher, theoretical physicist, cosmologist, and theologian—provided a complex image of information and its role in nature, which is rarely found in studies of information. Heller posited that the laws of nature may be interpreted as information, or as providing information, presenting this as a complementary view to scientific structuralism (not discussed in this paper). According to Heller, the informational content of a structure in nature is inversely (...) proportional to that structure’s degree of freedom. The more constrained or complex a structure is, and the less likely it is to exist, the more information it contains. In Heller’s view, the concept of information in Shannon’s Theory of Communication (ToC) is inadequate for expressing the notion of information beyond a numerical measure of a signal structure. Information in Heller’s research closely aligns with the concepts of Jacquette’s and Perzanowski’s combinatorial ontology (concepts not discussed in this paper) and the general theory of information (GTI) of Mark Burgin, although Heller did not explicitly make these connections. (shrink)

Today, there are several problems in the field of criminal law caused both by the emergence of new types of legal relations and by the imperfection of legislation. Due to the emergence of new challenges in the field of criminal law, many of them require theoretical understanding. Some of these challenges, generated in the light of the armed aggression of the Russian Federation against Ukraine, revealed several reasons for discussion in the Ukrainian and international legal community. The purpose of the (...) study involves consideration of certain aspects of modern challenges in the field of criminal-legal relations, which arose against the background of the military aggression of the Russian Federation in Ukraine. The first part of the study is devoted to the question of the qualification of war crimes committed by the Russian Federation in Ukraine as acts of genocide. The second part of the work is devoted to the issue of using existing international legal mechanisms to hold the Russian Federation accountable for war crimes. There are convincing reasons to say that the actions of the Russian Federation during the war in Ukraine have signs of the crime of genocide. Even though Ukraine is not a party to the Rome Statute, the Ukrainian government can use another tool to bring the subjects of war crimes to justice, by creating a certain mixed investigative mechanism or a criminal tribunal that could deal directly with the crime of aggression. (shrink)

On the face of it ‘deterministic chance’ is an oxymoron: either an event is chancy or deterministic, but not both. Nevertheless, the world is rife with events that seem to be exactly that: chancy and deterministic at once. Simple gambling devices like coins and dice are cases in point. On the one hand they are governed by deterministic laws – the laws of classical mechanics – and hence given the initial condition of, say, a coin toss it is (...) determined whether it will land heads or tails.2 On the other hand, we commonly assign probabilities to the different outcomes a coin toss, and doing so has proven successful in guiding our actions. The same dilemma also emerges in less mundane contexts. Classical statistical mechanics (which is still an important part of modern physics) assigns probabilities to the occurrence of certain events – for instance to the spreading of a gas that is originally confined to the left half of a container – but at the same time assumes that the relevant systems are deterministic. How can this apparent conflict be resolved? (shrink)

Translated excerpts from works by various authors; original titles and names of the translators given in captions.

Consider a gas that is adiabatically isolated from its environment and confined to the left half of a container. Then remove the wall separating the two parts. The gas will immediately start spreading and soon be evenly distributed over the entire available space. The gas has approached equilibrium. Thermodynamics (TD) characterizes this process in terms of an increase of thermodynamic entropy, which attains its maximum value at equilibrium. The second law of thermodynamics captures the irreversibility of this process by positing (...) that in an isolated system such as the gas entropy cannot decrease. The aim of statistical mechanics (SM) is to explain the behavior of the gas and, in particular, its conformity with the second law in terms of the dynamical laws governing the individual molecules of which the gas is made up. In what follows these laws are assumed to be the ones of Hamiltonian classical mechanics. We should not, however, ask for an explanation of the second law literally construed. This law is a universal law and as such cannot be explained by a statistical theory. But this is not a problem because we.. (shrink)

The last decade and a half has seen an ardent development of self-organised criticality, a new approach to complex systems, which has become important in many domains of natural as well as social science, such as geology, biology, astronomy, and economics, to mention just a few. This has led many to adopt a generalist stance towards SOC, which is now repeatedly claimed to be a universal theory of complex behaviour. The aim of this paper is twofold. First, I provide a (...) brief and non-technical introduction to SOC. Second, I critically discuss the various bold claims that have been made in connection with it. Throughout, I will adopt a rather sober attitude and argue that some people have been too readily carried away by fancy contentions. My overall conclusion will be that none of these bold claims can be maintained. Nevertheless, stripped of exaggerated expectations and daring assertions, many SOC models are interesting vehicles for promising scientific research.Author Keywords: Self-organised criticality; Scaling law; Models; Formal analogy. (shrink)

OBJECTIVE PREDICATION The author claims that there are two kinds of predicates that are used to describe cognitive states of mind like beliefs or perception. Using some of them, one can describe the cognitive states of mind directly, whereas using some others, one can describe these states in comparison with one’s own. For example, one can say that a person has a belief or one can say that that person’s belief is according to his own beliefs. In the latter situation, (...) he uses the predicate “to know”. The conditions that Peter uses correctly the sentence “John knows that p” are as follows: (1) Peter believes that John believes that p; (2) Peter believes that p; (3) Peter believes that the reasons for which John believes that p have a good justification. In a similar way one can ascribe to somebody a visual impression of an object x or to compare that person’s impressions with his own cognitive states. In the latter situation one uses the predicate “to see” (to perceive). The conditions that Peter uses correctly the sentence “John can see x” are the following: (I) Peter believes that John has visual impression of object x; (II) Peter believes that object x exists; (III) Peter believes that this that John has visual impression of object x is according to the laws of vision. When one uses predicates that describe cognitive states of mind of a person (possession of beliefs or sensory impressions), one speaks subjectively, whereas when one speaks objectively, he uses predicates that allow him to compare cognitive states of mind of a person with his own. Keywords: PREDICATION, BELIEFS, PERCEPTION. (shrink)

У статті висвітлюються різні погляди на поняття справедливості. Зосереджується увага на неоднозначному тлумаченні цієї філософської категорії. Розглянуто процес реалізації принципів справедливості в різні історичні епохи. При цьому враховується характер політичних і суспільних устроїв. Сфокусовано погляд на основні принципи нових підходів до теоретичного осмислення і практичного втілення принципів справедливості на прикладі концепцій Платона, Арістотеля, Джона Ролза.

L. L. Fuller offers definitions of the essence of morals and the essence of law, taking them as the starting point for his theory which describes the relationships between these two normative spheres. Both law and morality are studied from the perspective of the natural law.

The article asks how valid arguments can be identified in legal reasoning if one assumes neither that an answer to this question can be found within the law itself nor that one is required to adopt a purely historical perspective. By combining discourse theory with Wittgenstein’s thoughts, a relativistic approach to discourse is developed. According to this, a general discourse on the legal means of argumentation is to be conducted, in which different positions emerge with regard to respective world pictures. (...) All of these can claim the normative correctness of their results with equal force, even if this must always remain only a temporary state. (shrink)

Notwithstanding the opportunities it provides, the implementation of some measures of the EU Common Agricultural Policy (EU CAP), including agri-environment-climate measures (AECMs), also generates threats. The study identifies an extremely disturbing process that can be referred to as “internal neo-colonialism”, which has been driven by the technocratic agrarian policy of the EU and transformations in Poland at the turn of the twenty-first century. The associated disadvantageous practices mainly affect areas under threat of marginalisation and peripheralisation, including Poland with its (...) post-Socialist heritage, which has shaped the attitudes and behaviour of society and has consolidated linkages between politics and business. In order to retrace such activities, the study analyses EU funds granted in support of farmers implementing AECMs, with a focus on analysing the place of residence of the “farmer” and the location of the farm. As the research shows, the attractiveness of CAP support causes Polish agriculture and Poland’s countryside, including its natural and financial resources, to be drained by so-called “suitcase farmers”, i.e. people/entities not tied to the place where the agricultural activity is pursued, many of whom live in cities. One common practice is to take over land located in legally protected areas noted for their high quality of natural environment. Not only does the practice of land grabbing strengthen the social exclusion of rural communities and the peripheralisation and pauperisation of these areas, but it also hinders discussion about environmental justice and the ecological integrity of rural areas. (shrink)

This article outlines a discursive framework for understanding public policy uses in different narrative contexts. The framework describes a definition of the term «discourse,» its historic and intuitionally related nature, and how descriptions of «state» and «policy» transforms into legal, political science, managerial, and «public/state policy» discursive practices. The author postu- lates that the discourse of public policy is a place of a «clash of rationalities» in the industry. Because of this, the SS concludes that the essence of public policy, (...) its perception, understanding, and reaction to it are determined by the dominance of certain institutional discourses and the dominance of their bearers: «political scientists», human rights defenders, lawyers, managers and their ideas about the nature of the state and its «politics». The dominant discourses have the na- ture of uncritical extrapolations, or transfers of certain rationality inherent in one area to another, qualitatively different from it. The consequence of such an expansion of rationality from one sphere to another is the «inadequacy» of the discourse. It then discusses a comparative explica- tion of fundamentals, which constitute the narrative practices of each discourse. Furthermore, it proposed an explanation of the subject specifics of «public policy» as an area centered around «problems,» «options,» «impacts,» and «interests / stakes,» and then traces the significant distor- tions and contortions of this topic in the semantic horizons of related discourses. The article focuses on the rising issues of public policy, depending on the specifics of the discourse — whether «political», «legal,» or «managerial». For example, «political science» discourse emphasizes the problems of the consequences of one of the dimensions of influence for the interests of different parts of society; «Legal» discourse focuses on one group of instruments of influence (norms); «Managerial» discourse draws attention to a separate stage of implementation of already estab- lished public policy. Finally, this paper indicates the dominance of such discourses and their dependency on the historical context of contemporary Ukraine. (shrink)

The extract from Paul's second book de adulteriis which is quoted at Digest 24.2.9 has been the source of much discussion about its implications for Roman divorce procedure. The text reads: nullum divortium ratum est nisi septem civibus Romanis puberibus adhibitis praeter libertumeius qui divortium faciet. libertum accipiemus etiam eum, qui a patre avo proavo et ceteris susum versum manumissus sit.

The extract from Paul's second book de adulteriis which is quoted at Digest 24.2.9 has been the source of much discussion about its implications for Roman divorce procedure. The text reads:nullum divortium ratum est nisi septem civibus Romanis puberibus adhibitis praeter libertumeius qui divortium faciet. libertum accipiemus etiam eum, qui a patre avo proavo et ceteris susum versum manumissus sit.

From a historical perspective the reflection of opposites is a creative strategy of coping with infinite regress. The lawfulness of law is only a particular version of the general paradox that occurs when a distinction is applied to itself. Common legal techniques of avoiding the paradox of self-reference amount to evacuating it or to building hierarchies. Modern strategies futurize the problem under the paradigms of autonomy and procedurality. With increasing complexity legal self-descriptions all the more cling to the ideals of (...) completeness, coherence, and accurate generalisation. However, one can retrace antinomical structures: The legal system is at the same time incomplete, caught in multiple binds, and inadequate from case to case due to highly selective concepts. The law keeps producing conflicts that again must be legally resolved. (shrink)

In the philosophy of the Jesuits of this period one can distinguish philosophy connected with teaching, i.e. taught at schools led by the Jesuits, and Civic philosophy, not connected directly with teaching. This was mainly social, economic, and political philosophy, especially philosophy of the state, law and the like.

In the paper I ask the question about the relation between formal logic and the natural logic of human mind. By a natural logic I mean the ways of thinking of a person that is intelligent but untrained in formal logic. As it turns out that the laws, rules or properties of formal logic in some cases diverge from the natural ways of reasoning, I explain the causes of this divergence. Since the majority of research in this area has (...) been carried out from the standpoint of psychology, as a logician I suggest a slight change of the angle from which we look at the problem. I argue that certain narrowing of an interdisciplinary research would be helpful in getting a better picture of natural logic, and might provide a new stimulus for formal investigations. (shrink)

si quis patriae meae pecuniam credat, non dicam me illius debitorem nec hoc aes alienum profitebor aut candidatus aut reus: ad exsoluendum tamen hoc dabo portionem meam.If anyone were to lend money to my country, I will not call myself his debtor nor will I declare this as money owed either when a candidate or when prosecuted: nevertheless, I will contribute my share to paying off the debt. Miriam Griffin drew attention to the comment of Justus Lipsius: ‘a defendant might (...) have to make such a declaration in cases involving financial penalties, such as extortion and peculation, for when the litis aestimatio [‘assessment of damages’] was made, it would be important to know who the other claimants to the convicted man's assets were, and how encumbered his property was.’ No further elucidation, however, has been made since Lipsius. Mommsen failed to record this passage in his Staatsrecht and Strafrecht, and, as far as we know, no monograph on Roman criminal law mentions the passage of Seneca. (shrink)

Medical communication in Western-oriented countries is dominated by concepts of shared decision-making and patient autonomy. In interactions with Roma patients, these behavioral patterns rarely seem to be achieved because the culture and ethnicity have often been shown as barriers in establishing an effective and satisfying doctor–patient relationship. The study aims to explore the Roma’s beliefs and experiences related to autonomy and decision-making process in the case of a disease with poor prognosis. Forty-eight Roma people from two Romanian counties participated in (...) semi-structured interviews, conducted by a research team from the University of Medicine and Pharmacy of Iasi. Participants were recruited among the chronically ill patients and caregivers. The Roma community opposes informing the terminal patients about their condition, the “silence conspiracy” being widely practiced. The family fully undertakes the right of decision making, thus minimizing the patient’s autonomy. We identified ethical dilemmas concerning autonomy, lack of patients’ real decision-making power, and paternalistic attitudes exerted firstly by the family and, on demand, by the physician. Instead, the Roma patient benefits from a very active support network, being accompanied at the hospital by numerous relatives. The patient’s right to make autonomous decisions promoted in the Western countries and stipulated by the Romanian law has diminished value in the Roma community. For the Roma, the understanding of dignity is not simply individual and personal, but it is closely related to their cultural particularities. Ignoring their cultural values could create conflicts between healthcare providers and community. (shrink)

Als sozial und kulturell verfasstes Subjekt steht der Mensch in einem inneren Spannungsfeld zwischen Begehren und Gesetz. Seinen Wunschregungen sind Begrenzungen auferlegt, die stets Fragen der Ethik aufrufen. Die Beitrage dieses Buches untersuchen das Verhaltnis von Gesetz und Begehren in einer Reihe von Diskursfeldern, die untereinander in enger Beruhrung stehen: dem theologischen judischer und christlicher Pragung, dem (moral-)philosophischen und literarischen, schliesslich dem psychoanalytischen mit besonderer Gewichtung der Psychoanalyse Jacques Lacans.

Surrogacy is a type of medically assisted reproduction (MAR), which is considered to be a relatively simple medical procedure. However, psychosocially, ethically and legally, it is extremely complicated. There has been a significant increase in interest in the procedure lately. This is largely due to the fact that it is now available to groups of applicants other than traditional heterosexual couples of reproductive age. Its purpose is to examine various approaches to determining what is legally acceptable as parenthood after surrogacy. (...) Our conclusion is that the wishes and rights of the individual actors (intended parent(s), surrogate mother, future child, gamete donors and society as a whole) are incompatible and contradictory. None of the probable solutions suggested from different perspectives can ensure that the wishes and rights of all are fulfilled at the same time. (shrink)