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Lex Baiuvariorum is Bavaria’s most important and earliest source in terms of legal history. This paper deals with the history of the creation of Lex Baiuvariorum. More specifically, dwelling on the issues of dating of Lex Baiuvariorum (I), possible connect ions between the content of the narrative in the Prologus and the process of making the code of laws (II), significance of the first two titles of the code in terms of dating (III) and problems arising with regard to the process of editing Lex Baiuvariorum (IV). [ABSTRACT FROM AUTHOR]

After the battle of Thapsus that took place on 6 April 46 Caesar kept delaying his return to Rome for a long while, until 25 July - he stopped to stay on Sardinia - and this cannot be attributed fully to implementing measures and actions necessary in Africa since they could have been carried out by his new proconsul, C. Sallustius Crispus too. The triumph held owing to the victory in Africa - in which they carried around representations of the death of M. Petreius, M. Porcius Cato and Q. Caecilius Metellus Pius Scipio Nasica - must have further grated on the nerves of the aristocracy of Rome, because it was meant to symbolise Caesar's victory both over Iuba and the senate. It was after that that Cicero broke his silence and delivered Pro Marcello in the senate, which was both oratio suasoria and gratiarum actio for the pardon granted to Marcellus, by which Caesar wanted to assure the senate of his benevolence and wanted to show off his power by his autocratic gesture. Pro Ligario delivered in 46 has been considered a classical example of deprecatio by both the antique and modern literature, and in historical terms it is not a less noteworthy work since from the period following the civil war Pro Marcello, having been delivered in early autumn of 46 in the senate, is Cicero's first oration made on the Forum, that is, before the general public, in which praising Caesar's clementia he seemingly legitimised dictatorship. First, we describe the historical background of the oratio and the process of the proceedings (I.); then, we examine the issue if the proceedings against Ligarius can be considered a real criminal trial. (II.) After the analysis of the genre of the speech, deprecatio (III.) we analyse the appearance of Caesar's clementia in Pro Ligario. (IV.) Finally, we focus on the means of style of irony, and highlight an interesting element of the Caesar-Cicero relation and how the orator voices his conviction that he considers the dictator's power and clementia illegitimate. (V.) [ABSTRACT FROM AUTHOR]

The speech in defence of Cnaeus Plancius was delivered in early autumn 54 B.C. Cn. Plancius won the office of aedilis of the year 54 by winning the election, and, as it was not rare in Rome, his competitor, who lost in the election, M. Iuventius Laterensis charged him of election bribery/fraud (ambitus). Defence was provided by Cicero, who--as was his custom--rose to speak as the last one. The close relation between Cicero and his defendant was highly influenced by the fact that Plancius, who acted in Macedonia as proquaestor, gave shelter to the exiled politician, which was equal to saving his life in the orator's interpretation. Cicero responds to the allegations of general significance made by the prosecution, in not too exhaustive details, however, he turns the attention from the accused and his acts to his own person. After brief description of the historical background of the lawsuit, we analyse Pro Plancio more profoundly to investigate the rhetorical handling of the facts of the case, which will be compared to Pro Murena examined earlier at several points to ensure better understanding. [ABSTRACT FROM AUTHOR]

This paper intends to analyse the Bavarian linguistic elements of Lex Baiuvariorum,2 the written Bavarian Volksreccht3 created between 737 and 743 from philological aspects and draw further conclusions from findings for legal history considerations. First we will examine expressions where the active predicate in first person plural reveals that the Bavarians assisting in making the law inserted them in relevant passages as words of their own folk language. (I) After that, we will analyse phrases accompanied by active predicate in third person plural and passive predicate in third person singular or plural either naming Bavarians as the subject or not where the text makes it clear that these words were used by Bavarians to express the given meaning. (II) Atfer analysing Bavarian personal names, primarily names of genealogiae (III), we will discuss Bavarian/South German expressions in the text of the Bavarian law that apparently correspond to or overlap the relevant loci of Lex Alamannorum (IV). In the light of all these, the paper will make an attempt to arrive at some deductions on the usage of Lex Baiuvariorum that can be supported by proofs and go beyond hypothesis. [ABSTRACT FROM AUTHOR]

This paper intends to analyse the contractual provisions of Lex Baiuvariorum, the written Bavarian Volksrecht created between 73 7 and 743. As part of that, first, it will examine the required formalities of entering into a contract, documentary evidence and testimony (I.), then the issues of invalidity (II.), implied warranty and buying stolen things (III.), regulation of contractual safeguards (IV.), finally, other contracts touched upon in the code (V.). Concerning sedes materiae it should be stated in advance that provisions regarding exchange of goods can be found primarily in two titles of the code: title eleven (De venditionibus) and title nine (De furto)-the latter sets out the rules on selling stolen things, i.e., implied warranty claims, which pay regard to the relation between the person who has been robbed and the person who buys the thing in good faith, on the one hand, and between seller and buyer, on the other. Certain provisions, for example, regarding prohibition to sell things in action can be found in title fifteen (De commendatis et commodatis). [ABSTRACT FROM AUTHOR]

Given the peculiarities of historical development, modem codification efforts evolved with a delay in the Age of Reforms in the eighteen-thirties; with respect to copyright the Bills related to Bertalan Szemere are worth mentioning. After suppression of the War of Independence (1849) and the Compromise (1867), basically Austrian laws were applied. The history of Hungarian copyright law is characterised both by successful and unsuccessful attempts at codification, although aborted bills failed due to changes in historical circumstances rather than the standard of proposals. The Bill submitted by Bertalan Szemere to the National Assembly in 1844 was not enacted for lack of royal sanctioning. Following the age of imperial patents and decrees, after the Compromise (1867) the Society of Hungarian Writers and Artists put forth-again an unsuccessfulmotion for regulation; however, the Commercial Code, Act XXXVII of 1875 devoted a separate chapter to regulation of publishing transactions. The first Hungarian copyright law, Act XVI of 1884, was made following László Arany's initiative, upon Istwin Apáthy's motion. The Act implemented modem codification adjusted to bourgeois conditions, setting out from theoretical bases of intellectual property not superseded ever since. In this paper first, we will the suggestions of Ferenc Toldy on protection of intellectual property, then we will examine the early stages of statutory protection of author's works in Hungary, and finally, we will analyse the discuss Bertalan Szemere's role in regulation of copyright and his 1844 Copyright Bill [ABSTRACT FROM AUTHOR]

The article offers information on the association of translatio imperri concept of author Tertullian in the continuity of empires under the political traditions in Europe. It mentions Tertullian's work entitled "Apologeticum" which responds to the claims of pagans that accusses Christians as a threat for ancient Rome's destruction. It states that Tertuallian considers Christians as loyal subjects in an empire, establishing a political ideology on the survival and continuity of empires. It also discusses the naming of Byzantium or Constantinople as Second Rome and Moscow as the Third Rome, which was based on the translation imperii concept. The author adds that further analysis will be needed to demonstrate the conformance of modern age imperial ambitions with translation imperii ideology.

Pro Sexto Roscio Amerino is Cicero's first "criminal case", in which he tries to clear his defendant of the charge invented by his relatives and the dictator's confidant under the pretext of Sulla's massacres. Sextus Roscius junior was charged with patricide by his relatives asserting that he had his father murdered in June 81. By the assistance of Sulla's confidant, Chrysogonus, the relatives attained that the victim's name -- although he was considered the dictator's adherent--should be included in the register of persons inflicted by proscription, and so his property could be sold by auction, of which both Chrysogonus and the relatives of the murdered man had their handsome share, except for, "as a matter of fact", Roscius senior's son, who was thus done out of his inheritance. To enjoy the treacherously obtained property in safety, they wanted to get the lawful inheritor out of the way by a well-thought out Justizmord, therefore, they charged him with par(r)icidium. The case covered a dangerous political swamp, so they thought that none of the illustrious advocates of the age would undertake the defense. However, the young Cicero resolved to represent the case that seemed hopeless not so much for legal but much more for political reasons; his undertaking --which was eventually crowned by success-- required a lot of courage, precise handling of the facts of the case and rhetoric skill, yet, in the long run established the reputation of the ambitious advocate and launched his career as an orator and a man of public affairs. Afterwards, the orator speaks about the acknowledgement obtained through the successful statement of the defence, on the one hand; and, seriously criticizes his own one-time overflowing, unrestrained style, yet, appreciating his own courage, on the other. First, we intend to shed light on the historical situation; after that, we outline the statutory background of the crime that provides grounds for the charge. Finally, we analyze the handling of the facts of the case applied in Pro Roscio Amerino and the rhetorical tactics by which he uncovered the real movers of the invented charge and their motivation and attained the acquittal of the accused. [ABSTRACT FROM AUTHOR]

The present paper intends to highlight some aspects of Cicero's speech in defence of Marcus Caelius Rufus on 4 April 56 BC on the first day of the Ludi Megalenses. In 56 BC, as a result of peculiar coincidence of political and private relations, Cicero was given the opportunity to deal a heavy blow on Clodius and Clodia in his Pro Caelio, whom he mocked in the trial with murderous humour using the means of Roman theatre, and, thus, arranged a peculiar theatre performance during the Megalensia, which anyway served as the time of the Ludi scaenici. After outlining the circumstances of the lawsuit (I.) and the background of the Bona Dea case that sowed the seeds of the conflict between Cicero and the gens Clodia (II.) in our paper we intend to analyse the rhetoric situation provided by the Ludi Megalenses and genially exploited by Cicero (Ill.) and the orator's tactics applied in the speech in defence of Caelius (IV.). [ABSTRACT FROM AUTHOR]

The Commentariolum petitionis written in 64 B.C. is the oldest campaign strategy document that has been preserved for us. In this handbook Quintus Tullius Cicero, younger brother of the most excellent orator of the Antiquity, Marcus Tullius Cicero, gives advice to his elder brother on how Marcus can win consul's elections, that is, how he can rise to the highest position of the Roman Republic. In the present paper Commentariolum will be analysed in detail examining the following aspects: the Antique genre commentary (I.); the issue of authorship of Commenthriolum (II.); the characterisation of the competitors, Antonius and Catilina, provided in Commentariolum (III.); the system of elections in Anciet Rome and the crime of election fraud/bribery, i.e. the crimen ambitus (IV.) and the role of associations and clients in Roman elections (V.). [ABSTRACT FROM AUTHOR]

Enea Silvio Piccolomini in his work entitled De Europa written in 1458, tells an interesting story defined as a legend in terms of genre about a duke called Ingo, who lived during the reign of Charlemagne. This narrative claims that in 790 dux gentis Ingo held a feast for the inhabitants of his province where food was served to the peasants allowed to appear before him in golden and silver bowls, while to the dignitaries standing further away from him in bowls made of clay. The researchers' attention is deservedly raised by the query how come that this parabolical story with biblical tone was included in Enea Silvio's work; if it had been borrowed who the auctor might have been he borrowed it from. The answer seems to be very simple: from the Conversio Bagoariorum et Carantanorum drafted regarding the lawsuit proceeded against Methodius. In the case narrated in the Conversio ingo sent a charter or much rather a parchment without any writing, or letters on it (carta sine litteris), which provided his legate with sufficient authenticity to demand obedience from the people. In this study-after having compared the two narratives and outlined the place of De Europa in Enea Silvio Piccolomini's oeuvre and the circumstances of the drafting and tendencies of the Conversio Bagoariorum et Carantanorum-the author attempts to answer the following questions. To what extent can duke Ingo, mentioned by Enea Silvio and not questioned in the literature for long centuries, be considered a real historical person? Does the Conversio refer to Ingo as a duke, and if it does, what is his existence as a duke and introduction in the literature as a duke owing to? What could the meaning of carta sine litteris referred to in Conversio have been, and why did Enea Silvio not take this item over although he could have put it forward as a further proof of Ingo's dignity? To what literary prefigurations can the description of the feast held by Ingo be traced back to, and what role did it play in the Conversio? Regarding the borrowing of the Ingo story by Enea Silvio, what possible intermediary writing and author can be reckoned with? [ABSTRACT FROM AUTHOR]

The social structure of the 8th c. Bavaria reveals a highly dynamic picture: by the age of the last two ruling dukes of the Agilolfing dynasty, Odilo and Tassilo III, a system of personal statuses had crystallised that can be reconstructed from legal sources and charters, on the one hand; and the development of Bavarian nobility and the manifestation of this process in legislation can be dated to this period, on the other. After outlining the political/historical background (I.); this paper intends to give an in-depth investigation of this issue: following comments on the concept of libertas, the legal status of freemen (liberi) and servants (servi) will be looked at in the mirror of Lex Baiuvariorum (II); then, the relation between the duke and ancient Bavarian genealogiae, the development of the layer of the adalscalhae, the birth of the Bavarian order of nobles and its appearance in the resolutions of the Council of Dingolfing, and the issue of Bavarian counties prior to the Carolingians seizing power will be exposed relying on legal and literary sources (III). [ABSTRACT FROM AUTHOR]

The article outlines the conflict between Pope Nicholas I and Patriarch Photios in the second half of the 9th century. It states that the conflict stemmed from Bulgaria's ecclesiastical relationship. It suggests that studying the conflict will help to understand how the papacy's attention shifted towards the Slavonic mission. A historical background of the Bulgarian conversion to Christianity is described. The historical and legal aspects of two most letters written by Photios and by Pope Nicholas are explored.

After throwing the last Agilolfing Duke, Tasilo III off his throne in 788 in the lawsuit (to use a current term, show trial) held at the assembly at Ingelheim, Charlemagne integrated the until then independent Bavarian Dukedom into his empire. Several of the Bavarian (secular and church) dignitaries, including Arn, bishop of Salzburg and later a good friend of Alcuin, most probably took sides with the Frank ruler as early as during the reign of Tasilo, and helped him to legitimate the dethronement of the prince. In the years directly following the dethronement, between 788 and 790, it was at the instruction of Charlemagne that the great winner of the Carolingian takeover, Bishop Arn (785-821), who used to enjoy Tasilo's confidence for a long time, caused to write the notice on the donations to the Bishopric of Salzburg, Notitia Arnonis, which was approved by the Frankish ruler, to ensure the benefices of his diocese. The Bishopric of Salzburg was raised to Archbishopric in 798, and it was at that time that Arn received the pallium from Pope Leo III; however, the bishops now subjected to him apparently felt aversion to this decision adopted by Charlemagne and implemented by the Pope. So the Archbishop had to prove the origin and legality of the estates obtained, which resulted in the work entitled Breves Notitiae drafted between 798 and 800. It can be established that in spite of Breves Notitiae and Notitia Arnonis overlapping each other in certain points, none of the records served as the prefiguration of the other, so both documents add specific data to our knowledge on the economic and estate conditions of the age. "Alle mittelalterliche Forschung ist Philologie" writes Hermann Heimpel in his foreword to Heinz Quirin's handbook. The objective of the present writing primarily concerns legal history; however, in its methodology, investigation in medieval Latin philology dominates. As in terms of genres, both Notitia Arnonis and Breves Notitiae are a peculiar mixture of charters and historic narratives on the early period of Salzburg, so in the assessment of their linguistic/ stylistic features the impacts of both the usage of charters and Carolingian Latinity need to be taken into account. In this paper the following aspects will be examined--s primarily in the texts of the aforesaid estate registers of Salzburg, and, as a matter of fact, giving an overview of the (Bavarian) sources of the period: Confirmation of donations to the Church in written form and by witnesses. (I.) The relation between carta and notitia; similarities and differences in form and content. (II.) Key linguistic features of the estate registers of Salzburg; their relation to usage of charters. (III.) In-depth examination of a few linguistic peculiarities that occur in the estate register. (IV.) [ABSTRACT FROM AUTHOR]