ORTAÇAĞ’DA ŞARAP TİCARETİ, MEYHANELER VE BUNLARA GETİRİLEN KISITLAMALAR

Author(s): Ahmet N. Özdal / Language(s): Turkish Issue: Special/2016

Islam, unlike other religions, prohibited alcohol consumption, its production and trade. This prohibition accelerated the production and trade of nebiz (non alcohol), must and soft-drink around Islamic geography. On the other hand, production of alcoholic drink sometimes continued secretively and sometimes not. Publicly wine production was generally associated with whether the producers are Muslims or not. Substantial numbers of wine producers in Persian region were magi. Christians (Assyrian and Armenians, etc…) in Southeastern Anatolia, Iraq and Syria, and Jews and Coptic Christians in Egypt have taken this job. It is possible that the publicly consumption was related to cultural habits. During the Medieval, wine was mostly consumed in some Persian regions, Mediterranean coasts, and great and crowded cities such as Baghdad and Cairo. The taverns were businesses that presented alcoholic drinks and other services for entertainments along with costumers’ tastes. In some periods, the governing authority released activities of tavern likebusinesses without ignoring the advantages offered (high portion of tax revenue). However, such kind of businesses were always open to intervention of public outrage or under personal savings of sovereign who was sincerely depended on his religion.

Мерки за регулиране на брачните отношения по българските земи през ХІХ век

Author(s): Daniela Angelova / Language(s): Bulgarian Issue: 5-6/2015

This article aims to clarify the reasons that necessitate the preparation of orders, messages and statutes regulating marriage, premarital and marital agreements. The information is collected from Codes of bishoprics record books of Bulgarian parishes and correspondences from the National Revival press. The study shows that regulations and orders issued by all institutions of authority, suggesting the existence of a common vision for the development of society. The main goal of the requirements is to establish a balance in relations by freeing poorer families from the financial burden of the wedding.

Governing Catholic religious education in Italian state schools: Between the revision of the Concordat and social movements, 1974-1984

Author(s): Guillaume Silhol / Language(s): English Issue: 20/2017

This article focuses on the redefinition of Catholic religious education in Italian state schools, from compulsory religious instruction into a non-compulsory discipline of “religious culture”, by analyzing how the issue is framed and negotiated by political, religious and educational actors between 1974 and 1984. The negotiations between governmental and Church representatives in the revision of the Concordat led to attempts at a compromise on religious education, its regime and its guarantees for students’ choices. However, social movements and school reforms forced various actors and institutions to reframe it in non-confessional, pedagogical and professional terms in public arenas. “Religious culture”, as a category promoted by teachers and intellectuals, became both a social problem and the main justification for the ownership of the Catholic Church over the problem.

Chiesa cattolica e diffusione della “prassi pattizia” a livello locale in Italia. Una rinnovata stagione di relazioni

Author(s): Isabella Bolgiani / Language(s): Italian Issue: 20/2017

The development in Italy of the “bilateral practice” on a local level, particularly in the last twenty years, opens the way for a “new season” in the relations between civil and religious authorities in our country. It introduces a system of relations which is made not only on the traditional level of “summit relations” between the State and the Catholic Church, but also it is based on the possible conclusions of peripheral agreements, in reply to religious demands, found on a local level.

Из Архивския номоканон

Author(s): Kamen Dimitrov / Language(s): Bulgarian Issue: 2/2015

Manuscript No. 1160 (XIV c.) from Church-Historical and Archival Institute by the St. Synod of the Bulgarian Orthodox Church in Sofia contains the text of the Slavic penitential nomocanon – rules for church-legal regulation of the behavior of Orthodox Christians derived from Scripture, from the apostolic and the Church Fathers rules, from the rules of the Church Councils. It is believed without necessarily having a direct and clear evidence that on ff. 165a-181b in the manuscript contained a corpus of rules whose alleged author was Patriarch Basil (1186 – 1232) himself. The translation of the rules is carried out from an independently established text of the facsimile edition of the monument. Until now, they have not been translated from Old Bulgarian language to Modern Bulgarian language.

Европейските стандарти за правото на обжалване и решенията на Върховния касационен съд по чл. 354, ал. 5, изр. 2 НПК

Author(s): Georgi Mitov / Language(s): Bulgarian Issue: 2/2012

After the amendment of Criminal Procedure Code, made in 2011, the Supreme Court of Cassation in a cassation review, after double remittal of the case to the lower court, in further (third) hearings, has appellate powers – art. 354, par. 5, sent. 2 of Criminal Procedure Code. The act, delivered in this way, is final. This violates the right of appeal of the convicted person, established in art. 2 of Protocol 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms. Granted opportunity this act to be reviewed under the extraordinary control through re-opening of criminal proceedings can’t ”compensate” the deprivation of the right of appeal. The violation of European standards for right of appeal can lead to many judgments against Bulgaria in the European court of human rights in Strasbourg. That’s why this article should be abolished.

Българската православна църква и Независимостта на България 1908–1909 г.

Author(s): Petko St. Petkov / Language(s): Bulgarian Issue: 2/2012

The article examines the attitude of the Bulgarian Orthodox Church towards the proclamation of the state independence of Bulgaria in 1908 and 1909. The text also analyses the public discussion in the press, aroused by the issue concerning the fate of the exarchate in the Ottoman Empire under the changed political circumstances.

Kościół katolicki w Rosji i w ZSRR w XIX i XX wieku. Doktrynalne uwarunkowania jego działalności

Author(s): Krzysztof Grygajtis / Language(s): Polish Issue: 3/2006

Извън границите на средновековното общество

Author(s): Desislava Naydenova / Language(s): Bulgarian,Old Slavonic,Old Bulgarian Issue: 63-64/2021

Recently, the question of shaping identity and the perception of “the other” (by this term are commonly embraced not only foreigners, but also individuals, social groups and minorities, characterised by a certain degree of abnormality, marginality and exclusion) has become an increasingly popular topic for the researchers of the Middle Ages. This paper seeks to present translations of some Slavonic texts included in the so-called Nomokanon of Pseudo-Zonaras, a canon-law compilation from the beginning of the fourteenth century, that change, through the imposition of penances, the social status of groups and individuals, placing them in a marginal, intermediate, isolated position. The study shows that heretics and members of other religions such as Latins, Armenians, Jews, Muslims most clearly stand out as a group that could be defined as “the others”. Unambiguous and strictly regulated red lines were drawn between them and the Orthodox Christians that should not be violated, since those, who crossed them, were othered, marginalised, seen as outsiders to society. These were conditioned by rules that can be divided thematically into three groups: 1) applying to those who accept another’s faith, 2) relating to food prohibitions, and 3) governing mixed-faith marriages.

ACQUIRING THINGS TAKEN IN WAR IN THE ROMAN LAW: OCCUPATION VS. THE DISCRETIONARY POWERS OF THE MILITARY COMMANDER

Author(s): Srđan C. Vladetić,Sasha Tucakovic / Language(s): English Issue: 2/2022

Throughout most of their history Romans led occupation wars. The booty of war was an important source of wealth which to a great extent influenced the development of the Roman state and represented the special category of things which belong to the enemy (res hostiles). Those things were treated as nobody`s things (res nullius) and as such acquired by occupation. Since their value was very significant, Romans strived to establish the most efficient looting system. In that respect a military commander had an important role because he was empowered to make decisions regarding the war booty. In this paper authors discuss whether and to what extent the general principle of occupation was supressed by the desire to collect as much war booty as possible through different periods of Roman history.

IL DIRITTO DELLA CD. ANARCHIA MILITARE TRA ROMA E REALTÀ PROVINCIALE

Author(s): Iole Fargnoli / Language(s): Italian Issue: 2/2022

Ruthless struggle for imperial power, hordes of soldiers from uncharted lands, looting, poverty, and epidemic are some of the characteristic features of the troubled era between 235 and 284. However, it is not only negativity that emerges from the sources that allow us to reconstruct the middle years of the third century. In particular, the preponderance of emperors of provincial origin, a clear trace of an evolved relationship between Rome and the provinces, and the intensity of imperial legislation that also dealt with concrete problems of provincials suggest that we should question whether the conventional designation of 'military anarchy' does not constitute a simplistic reduction of a neuralgic meeting point between Principate and Dominate.

LA PROVINCIA ROMANA DI GIUDEA DOPO LA MORTE DI ERODE IL GRANDE: CONFLITTI RELAZIONALI E CONTRASTI DI SISTEMA TRA IL PREFETTO DI SIRIA, I REGNI CLIENTI E IL GRAN SINEDRIO DI GERUSALEMME

Author(s): Giovanni Brandi Cordasco Salmena / Language(s): Italian Issue: 2/2022

Historians still debate the exact qualification of the province of Judea, especially following the discovery of the well-known inscription concerning Pontius Pilate, which led to a review of many judgments about the titling of the governor of the region, which would not have been that of procurator as was believed until the discovery, but of praefectus. A careful examination of the sources, in particular of Josephus Flavius and Philo Alessandrino, together with the valutation of the interventions adopted in Judea by the legates of Syria, it can only support the idea that the region was not independent, but with particular reference to military issues, was subordinate to Syria. In this context, although with limited powers following the Roman domination, the more or less independent fringes in the client kingdoms and the authority of the Grand Sanhedrin of Jerusalem survive in Judea.

INTERDICTA NELLE PROVINCE DEL VICINO ORIENTE?

Author(s): Monica Ferrari / Language(s): Italian Issue: 2/2022

The interdictal protection was traditionally considered to be a prerogative of the praetor’s court in Rome. Epigraphic and papyrological sources still reveal that it was applied in several provincial territories, from Cisalpine Gaul and Betica to Egypt and the Middle Euphrates area. Precisely the sources from the eastern provinces, more than those from the Hispanic territory, often represent a real enigma for the interpreter, both because of the linguistic hurdle and the complexity of political and legal history of those territories.Gaius, in the paragraph 139 of the fourth book, introduces the discussion on interdictal protection by placing the proconsul alongside the praetor as magistrates competent to issue interdicta. Again, with reference to the provincial territory, the sources seem to involve a wider range of magistrates and officials who had access to this function, probably through a delegation of general or specific jurisdiction. In the eastern provinces, such delegation was generally granted on a case-by-case basis, as was the case for the procurators of Celesiria or the epistrategos of Egypt. The purpose was probably twofold: to lighten the workload of the praeses and to meet the immediacy requirements of interdictal remedies.

The Research Activity of Rev. Prof. Remigiusz Sobański in the Field of Substantive Canon Law

Author(s): Wojciech Góralski / Language(s): English Issue: 8/2022

Remigiusz Sobański (1930–2010), a long-time professor at the Faculty of Canon Law of the Academy of Catholic Theology in Warsaw, and then at Cardinal Stefan Wyszyński University in Warsaw. Although his research focused mainly on the theory of canon law, he also published several dozen works in the field of canonical matrimonial law. These works cover four main research areas: marriage law (general rules), marriage consent, form of marriage, mixed marriages. Moreover, as a judicial vicar, he prepared and published several dozen sentences in the cases of nullitatis matrimonii.

Sobański’s Critique of the (Particular) Legislation

Author(s): Piotr Kroczek / Language(s): English Issue: 8/2022

Legislation is an art. Fr. Professor Remigiusz Sobański, who analyzed the particular legislation of the (Arch)diocese of Katowice in his scientific activity, was very well aware of this. These academic analyses allowed him to draw up numerous observations and comments, as well as postulates with regard to this law. This article focuses on the formal aspects of law addressed by the great canonist.

The Missing Concordat in the Czech Republic

Author(s): Stanislav Přibyl / Language(s): English Issue: 8/2022

The present article discusses certain aspects of the Treaty between the Czech Republic and the Holy See. The text of the treaty was signed at the level of the government, however, it has not been ratified so far. Some provisions of the treaty are rather superfluous or lack sufficient normative basis. Nevertheless, as the example of Article 9 of the treaty on the recognition of civil effects of church marriages shows that the approval of the treaty by the Parliament of the Czech Republic would have been very beneficial. In fact, in the process of preparation for a new civil code an attempt was made to repeal church marriages recognized by the state. Such a project would have been made impossible by the concordat because church marriage would have been supported by an obligation of the state under international law. Fortunately, the civil code kept church marriages, and confessional law in the Czech Republic has to develop without a valid concordat.

MATER FAMILIAS

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2023

The study is dedicated to one of the main figures in the Roman family and society – mater familias, whose status is still debated today. Some terminological clarifications and various aspects of the concept of mater familias as a wife and as a member of the Roman family are presented.

The Upbringing of Offspring in Mixed Marriages in a Historical Perspective

Author(s): Tomasz Robert Gałkowski / Language(s): English Issue: 11/2023

The concern for the upbringing of children in the marriages of Christians with followers of other religions or pagans, and then Catholics with non-Catholics, was from the very beginning a concern of the church community. This issue is discussed in the present article, in which the author focuses his attention on foundations of the regulations rather than on their legal aspect. The conducted analyses indicate that there has been a significant shift from the objective protection of faith to the subjective expression of the personal character of the marriage relationship and the related rights and obligations resulting from the free-given grace of belonging to Christ.

НЯКОИ ДИАХРОНИЧНИ БЕЛЕЖКИ ЗА ОБХВАТА НА ГРЕШКАТА ПРИ НЕОСНОВАТЕЛНОТО ОБОГАТЯВАНЕ

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Issue: 1/2024

This article addresses some issues relevant to the error viewed in the light of unjust enrichment. The particularities of the institute are analyzed in relation to the protection against unjust enrichment in both Roman and medieval law. Attention is paid to the influence of the Roman legal tradition in modern Swiss law.

РАЗМИСЛИ ЗА БИТИЕТО НА ПРАВОТО В ПАМЕТ НА МОЯ ПРЕКРАСЕН КОЛЕГА ТЕОДОР ПИПЕРКОВ

Author(s): Gabriel Gerez Kraemer / Language(s): Bulgarian Issue: 1/2024

Тhrough these lines the author, romanist and university professor, seeks to help understand what Law consists of. At the time, he seeks to pay tribute to his beloved bulgarian colleague Theodor Piperkov.