Magna Carta is one of the most important illustrations of the exceptionalism of English common law. Within a completely feudal framework it gave the clearest possible articulation to the concept of the rule of law and at the same time it also showed that there were certain basic rights which every freeman enjoyed without any specific conferment by the king. From English perspective, continental European law after the process of the reception of Roman law was commonly regarded to be apart (...) and different from the English legal tradition, as well as being perceived to pose a continual threat. The English Parliament constantly turned down royal attempts to emulate the continental reception of Roman law by characterizing it as something entirely foreign to English law. Roman law was supposed to promote an authoritarian and absolutist vision of the relationship between rule and subjection and this was expressed in the famous phrases 'princeps legibus solutus' and 'quod principi placuit legis habet vigorem'. Roman law was also anti-feudal, because one of its main principles that all power originated from one central source was the antithesis of the distribution of power over multiple centers, which was a crucial element of the feudal society. Many English historians have held the view that the English law is democratic, whereas the continental tradition is undemocratic and authoritarian, and this is why the Roman law succeeded on the Continent and failed in England. (shrink)

In the Medieval period, Roman law and canon law formed ius commune or the common European law. The similarity between Roman and canon law was that they used the same methods and the difference was that they relied on different authoritative texts. In their works canonists and civilists combined the ancient Greek achievements in philosophy with the Roman achievements in the field of law. Canonists were the first who carried out research on the distinctions between various legal sources and systematized (...) them according to a hierarchical order. The Medieval civilists sought solutions in canon law for a large number of problems that Justinian’s Codification did not hinge on or did it only superficially. Solutions offered by canon law were accepted not only in the civil law of Continental Europe, but also in the English law. (shrink)

In this paper the authors present the psychological consequences of social isolation on domestic violence during the Covid-19 pandemic as well as the legal framework in the RNM on addressing the phenomenon of domestic violence. In this age of globalization and drive for material conformity, family life is quite difficult to cope with. This “war” for material comfort during the pandemic, has strained and stressed many families as a result of the created circumstances. Public safety measures, including physical distance and (...) social isolation, which have also been implemented in the RNM have contributed in making family problems even more pronounced. Social distance and staying at home are very effective in reducing the transmission of Covid-19 virus, but these safeguards disrupt the routines of spouses and families. Domestic violence affects a large number of families, and it is estimated that in times of social isolation, all forms of violence have been inflicted against family members regardless of their gender and age. The most common forms of domestic violence during Covid-19 pandemic in our country are psychological, physical and economic violence. Some countries affected by Covid-19 have seen increases in levels of domestic violence, including violence against children, violence against partners, and violence against the elderly. This paper presents the results of research conducted which highlight the fact that during the Covid-19 pandemic, there has been an increase in levels of domestic violence in the Republic of North Macedonia in the first six months of 2020. The authors give their recommendations on the need for action by state institutions during the Covid-19 pandemic in order to adapt methods and circumstances towards the protection of victims of domestic violence. (shrink)