Intro_continental_legal_science [Unlocked]

METHOD <ме то >д A mode of organizing, operating, or performing something, especially to achieve a goal.

MITIGATING CIRCUMSTANCES <о бсто я те ль ств, смяа г чающие о тв е тств е нно> 1сть. A fact or situation that does not justify or excuse a wrongful act or offense but that reduces the degree of culpability and thus may reduce the damages (in a civil case) or the punishment (in a criminal case). 2. A fact or situation that does not bear on the question of a defendant's guilt but that is considered by the court in imposing punishment and especially in lessening the severity of a sentence.

around the university of Bourges in France (in Latin, Gallia) who set about exploring the historical background of the Corpus Iuris Civilis and restoring the 'pure' classical Roman law by means of philological analysis of a wide range of ancient Roman and Greek primary sources (much like other scholars of the Renaissance studied non-legal sources of Antiquity); and in doing so, they criticised the purely formal interpretation of the legal texts (libri legales) and the barbaric Latin of the Italian commentators (known as the Bartolists, practicing mos italicus).

MOS ITALICUS (in Latin, 'Italian manner') <италь я нск о е о бык но в е ние> the approach to study and practice law developed by the BARTOLISTS in the North Italian universities in the late Middle Ages; its hallmarks were preference for grammatical and logical interpretation of authoritative commentaries, indifference to the achievements of the Renaissance science (disregard for historical development of the laws, new methods of philological critique, systematisation of theoretical knowledge); MOS ITALICUS was the backbone of the ius commune and one of the foundations of national legal sciences in Europe.

MOS ITALICUS IURIS DOCENDI (in Latin) <италь я нск о е

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о бык но в е ниепр е по дав атьпр ав о> the "Italian method of teaching law", the approach of commentators, or the Bartolists to research and teach Roman and canon law.

MUNDANE <св е тск >ийrefers to something of this earthly world rather than a heavenly or spiritual one

MUSCOVY <Мо ск о в ия> 1. a medieval principality in west central Russia, centered around Moscow, that formed the nucleus of modern Russia. As Muscovy expanded, princes of Muscovy became the rulers of Russia; in 1472 Ivan III, grand duke of Muscovy, completed the unification of the country, and in 1547 Ivan the Terrible became the first tsar of Russia. 2. archaic name for Russia.

NATURAL LAW <е сте ств е ннопр авео> A philosophical system of legal and moral principles purportedly deriving from a universally understood human nature or divine justice rather than from legislative or judicial action; moral law embodied in principles of right and wrong.

NOBLESSE DE ROBE (in French, "Nobles of the Gown") <дв о р я нствмантиио > under the ANCIEN REGIME, the Nobles of the Robe or Nobles of the Gown were French aristocrats who owed their rank to judicial or administrative posts — often bought outright for high sums, most Nobles of the Robe had inherited their position. They were the opposite of the "Nobles of the Sword" (French: noblesse d'épée) whose nobility was based on their families' traditional function as the military class, and whose titles were customarily attached to a fiefdom under the feudalist system.

NOTABILIA (in Latin, 'notable') <пр име чате ль но> еbrief excerpts from the Digest of Justinian.

NOVELS OF JUSTINIAN <Но в е ллыЮстиниана > A collection of 168 constitutions issued by the Roman emperor Justinian after the revised version of the CODE OF JUSTINIAN had been promulgated. Taken together, the Novels made up one of four component parts of the Corpus Juris Civilis, but they were drafted in Greek to reflected the Byzantine law; in the Medieval Europe they were known in the

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abridged Latin translation (known as the authenticae).

OBJECTIVE LAW <пр ав ов о бъе к тив носмысле > that is law taken collectively as a set of rules and principles.

OBLIGATION <о бя зате ль ств> о1. A legal or moral duty to do or not do something. The word has many wide and varied meanings. It may refer to anything that a person is bound to do or forbear from doing, whether the duty is imposed by law, contract, promise, social relations, courtesy, kindness, or morality. 2. A formal, binding agreement or acknowledgment of a liability to pay a certain amount or to do a certain thing for a particular person or set of persons; especially, a duty arising by contract. Also termed (in sense 2) civil obligation.3. Civil law. A legal relationship in which one person, the obligor, is bound to render a performance in favor of another, the obligee

OBSCURANTISM <мр ак о бе сие> the practice of deliberately preventing the facts or full details of something from becoming known.

OFFICIAL NATIONALITY <о фиц иаль наянар о дно сть(те о р )>ия a conservative ideology under the reign of Tzar Nicholas I (1825–1855) which promoted the values of Orthodoxy, Autocracy, and Nationality ("the Triad") in contrast to Western liberalism and individualism. "The Triad" of Official Nationality was originally proposed by Minister of Education Sergey Uvarov in his April 2, 1833 circular letter to subordinate educators.

ORDEAL <о р далия> A primitive form of trial, or dispute resolution, in which an accused person was subjected to a usually dangerous or painful physical test, the result being considered a divine revelation of the person's guilt or innocence. The participants believed that God would reveal a person's culpability by protecting an innocent person from some or all consequences of the ordeal. The ordeal was commonly used in Europe until the 13th century, but only sporadically after 1215, when the Fourth Lateran Council forbade the clergy from participating in ordeals.

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ORDINANCE <о р до нанс> in Medieval France, an act of royal legislation, an order.

PALIMPSEST <палимпсе ст> a manuscript or piece of writing material on which the original writing has been effaced to make room for later writing but of which traces remain; figurative something reused or altered but still bearing visible traces of its earlier form.

PANDECTISTS <панде к тисты> were German university legal scholars in the early 19th century who studied and taught Roman law of the Digest (or Pandects) of Justinian as a model of 'jurisprudence of concepts' and a 'pure' science of law, unaffected by political or social struggle. The Pandectists provided background for the codification of German civil law, but they became subject of increasing criticism from the mid-19th century for the abstract character.

PARLEMENT DE PARIS (in French, the Parliament of Paris) <Пар ижск ий пар ламе нт> A political institution in Ancien Régime France which rose as early as the 13th century out of the King's Council to become the supreme judicial and legislative body of the centralised French kingdom from the 15th century until the French Revolution of 1789.

PEOPLE’S SPIRIT (in German, Volksgeist, "spirit of the people") <нар о дныйдух > a key-concept of German Historical School meaning a unique "spirit" possessed collectively by each people or nation. The idea has its origins in the Romantic era and was proposed by Johann Gottfried Herder as a way of encouraging German-speaking peoples to forge a national and cultural identity. But it was Friedrich Savigny who made it the central concept explaining the driving force behind the evolution of national laws.

POSITIVE LAW <по зитив нопре ав о> A system of law promulgated and implemented within a particular political community by political superiors, as distinct from moral law or law existing in an ideal community or in some nonpolitical community. Positive law typically consists of enacted law - the codes, statutes, and regulations that are

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applied and enforced in the courts. The term derives from the medieval use of positum (Latin "established"), so that the phrase positive law literally means law established by human authority.

PRE-REVOLUTIONARY ERA <до р е в о люц ио нныйпе р ио>д in Russian history is a period prior to the Bolshevik Revolutions of 1917.

PRECEPT <пр е дписание> A standard or rule of conduct; a command or principle.

PRIMARY SOURCES <пе р в о исто чник> inи general and legal history, are original materials of the past that have not been altered or distorted in any way. They contain the most valuable information about a given period in the past and, therefore, indispensable for any academic research in history. Results of research of primary sources are presented in 'secondary literature'.

RATIO SCRIPTA (in Latin) <писаный р азум> the 'written reason', referring to Roman law of the Corpus Iuris Civilis.

RATIONALISM <р ац ио нализм> a belief or theory that opinions and actions should be based on reason and knowledge rather than on religious or metaphysical beliefs or emotions.

RECEPTION (OF LAW) <р е ц е пц>ияThe adoption in whole or in part of the law of one jurisdiction by another jurisdiction. The most common example is the reception of Roman law in Western Europe. See also LEGAL TRANSPLANT.

REFORMATION <Ре фо р мац ия> a 16th-century religious movement under the leadership of Martin Luther and Jean Calvin for elimination of numerous abuses in the Roman Catholic Church ending in the establishment of the Reformed and Protestant Churches, mostly in Northern Europe and provoking the Counter-Reformation within the Roman Catholic Church.

REMEDY <ср е дств судео бно йзащиты > the means of enforcing a right or preventing or redressing (curing) a wrong.

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RENAISSANCE <Во зр о жде ние> the revival of art, literature, and science under the influence of the Greco-Roman antiquity in the 14th to 16th centuries in Western Europe; also it refers to the culture and style of art and architecture developed during this era.

REPETITIONES (in Latin, 'repetitions') <по в то р е >нияadditional lectures on a particular text or problemme supplementing regular exegesis of the Corpus Iuris Civilis.

ROMANIST <р о манист> in legal science, a scholar who specialises in Roman law, an expert in Roman law and its subsequent history in Europe.

RUSSIAN EMPIRE <Ро ссийск аяимпе р ия> a monarchical form of government in Russia that was proclaimed by Tsar Peter I in 1721 until being replaced with a republican form of government as a result of the liberal February Revolution of 1917.

RUSSIAN LAW <р о ссийск опреав о> a broad term referring to the body of legal rules of Russian civilization, from the law of Kievan Rus (9th–11th centuries) to the Russian Federation nowadays. Insofar as ‘Russian law’ refers generally to the law in force on these territories, it encompasses a vast number of subsystems, including the customary law of hundreds of ethnic minorities, the influence of neighbouring peoples and kingdoms (Byzantium, Central Europe, Tatar-Mongol, Islamic, Scandinavia and Eastern, Central and western Europe), the legislation (broadly understood) of principalities, khanates and other entities on today's Russian territory, and the full range of sources of law from top to bottom of the Russian Federation. From the 19th century on, Russian law is associated with the Romano-Germanic family of legal systems rather than with English common law.

SACRAMENTS <(ц е р к о в )ныетаинств а> a religious ceremony or act of the Christian Church that is regarded as an outward and visible sign of inward and spiritual divine grace, in particular (in the Roman Catholic and many Orthodox Churches) the rites of baptism, confirmation, the Eucharist, penance, anointing of the sick, ordination,

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and matrimony, (among Protestants) baptism and the Eucharist.

SALVATION <спасе ние> preservation, saving from sin and its consequences, believed by Christians to be brought about by faith in Christ.

SCHOLARSHIP <наук а> sometimes used as a synonym of LEGAL SCIENCE.

SCHOLASTICISM <схо ластик>а an intellectual movement or school of philosophy, originating in the medieval monastic schools and universities (as early as the late 11th century), that combines classical philosophy (mainly that of Aristotle) with Catholic theology (starting from the Church Fathers). It embraces the first (medieval), the second (early modern), and neo-scholasticism (of the 19th and 20th centuries).

SCIENTIFIC REVOLUTION <научная р е в о люц>ияthe period of great advances in the sciences and empirical ways of exploring nature, roughly from 1500 to 1700.

SCIENTIFICATION OF LAW <о научнив ание пр ав а> the intellectual process of transforming the ways of thinking about law and its application on the basis of university education and dialectical reasoning; according to contemporary scholarship, it was the essence of the reception of Roman law or the ius commune in Western Europe.

SECOND SCHOLASTICISM (sometimes also LATE SCHOLASTICISM) <в то р аясхо ластик>а an intellectual movement within the Catholic Counter-Reformation in the 16th and 17th centuries aiming at revival of the teachings of Aristotle and Thomas Aquinas in theology, phylosophy, and law, and its adaptation to the changing conditions of early modern Europe; this ideology was best advicated by the Catholic theologians centred around the university of Salamanca in Spain.

SECULARIZATION OF LAW <се к уля р изац ияпр ав а> a historical process of liberating legal consciousness of lawyers from the authority of theology and Holy Scripture, starting from the Reformation and 276

culminating with the Enlightenment and the legislation of the 19th century.

SIETE PARTIDAS (in Spanish, the 'seven parts') <Се мь Пар тид> a Castilian statutory code compiled during the reign of Alfonso X (1252– 1284) with the intent of establishing a uniform body of normative rules for his kingdom. The codified and compiled text was originally called the Libro de las Leyes (Old Spanish: Livro de las legies) (Book of Laws). It was not until the 14th century that it was given its present name, referring to the number of sections into which it is divided. SIETE PARTIDAS provided the conceptual and normative framework for development of the Spanish national law after the political unification of the Iberian principalities by the end of the 15th century.

STATEHOOD <г о судар ств е нно> theстьstatus of being a recognized independent nation.

STUDIUM (in Latin, a 'school') <шк о ла> medieval school in Medieval Europe; studium universale or studium generale (meaning a 'general school' or a 'school for all') were the original names of medieval universities.

SUBJECTIVE RIGHT <субъе к тив нопреав о> a legally enforceable claim of one person that another person will do or will not do a given act; a recognised and protected interest the violation of which is a wrong (punishable by a court of law).

SUCCESSION LAW <насле дств е ннопреав о> the laws regulating the inheritance of property.

SUMMA <сумма > in medieval scholastic science, a comprehensive work, especially a philosophical or theological treatise, covering, synthesizing, or summarizing a field or subject.

SYLLABUS <пр о г р амма(к ур са)> An outline of the subjects in a

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course of study or teaching.

TENANT <де р жате ль> one who holds or possesses lands or tenements by any kind of right or title.

TESTIMONY <св ите де ль ств> 1о. Evidence that a competent witness under oath or affirmation gives at trial or in an affidavit or deposition. 2. evidence or proof of something.

TO REASON <р ассуждать > to think, to understand, and to form judgments by a process of logic; or to find an answer to a problem by logically considering various possible solutions.

TORTURE <пытк а> (as a legal procedure) the infliction of intense pain to the body or mind to punish, to extract a confession or information in accordance with the rules of criminal procedure.

TREATISE <тр ак тат> a formal, usually long, well-organised piece of writing about a particular subject.

TRESPASS <пр ав о нар уше ние> 1. An unlawful act committed against the person or property of another; especially, wrongful entry on another's real property. 2. At common law, a legal action for injuries resulting from an unlawful act of this kind.

TRIVIUM (in Latin, a 'crossroad') an elementary scholastic course composed of three disciplines: grammar, logic, and rhetoric; it was taught in the late antiquity and early Middle Ages before the rise of more sophisticated curricula at the medieval universities; this course was intended to prepare pupils for the second level of education, called quadrivium, or a composition of four disciplines of geometry, arithmetic, astronomy, and music.

TUTELAGE <о пе к>а 1. The act of protecting or guiding; guardianship. 2. Int'l law. The state of being under the care and management of an international organization such as the League of Nations or United Nations. This term applies, for example, to the status of a people who do not yet benefit from a fully operational government

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of their own - such as people displaced by war and living in a territory that will in the future be given its autonomy.

UNIVERSITAS (in Latin, 'University') <со в о к упно>сть1. guild or corporation of students in medieval Europe 2. General name of guild or corporation

USURY <р о сто в щиче ств> 1.оHistorically, the lending of money with interest. 2. Today, the charging of an illegal rate of interest as a condition to lending money. 3. An illegally high rate of interest.

USUS MODERNUS PANDECTARUM (in Latin, the 'modern usage of the Pandects') <со в р е ме нныйспо со испоб ль зо в анияПанде к >т the first national German legal school of the 16th to early 19th centuries, dedicated to combine the ius commune of the Bartolists with the iura propria (particular laws) of various German states and principalities. This school was closely linked with decision-making in German courts through AKTENVERSENDUNG. Because of this close interaction of academics and court officials the whole new German common law, or GEMEINES RECHT, came about and ensured substantial unity of German legal culture long before the political unification of Germany in 1871. Yet, the academics of the 19th century (most notably Friedrich Savigny) tended to regard even the most prominent academics of USUS MODERNUS (including Wesenbeck, Vinnius, Mevius, Lauterbach, Struve, Stryck) as mediocre, or ordinary commentators of the positive law (the Pandects) uncapable to develop a theoretical framework for its systematisation.

UTRUMQUE IUS (in Latin, the 'both laws') <о ба пр ав а> a medieval legal term referring to the ius commune as the combination of its two major branches, i.e. of Roman law and canon law.

WESTERNIZATION <в е сте р низац> ияinfluence of the cultural, economic, or political systems of Europe and North America upon nonwestern societies, mainly in the 19th and 20th centuries.

WITNESS <св иде те >ль1. One who sees, knows, or vouches for something. 2. One who gives279testimony under oath or