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Articles 1 - 7 of 7
Full-Text Articles in Law
The Duty To Make Amends To Victims Of Armed Conflict, Scott T. Paul
The Duty To Make Amends To Victims Of Armed Conflict, Scott T. Paul
Scott T Paul
In the past decade, calls for monetary payments by warring parties to the civilians they harm have become significantly louder and more prominent. The law of armed conflict permits parties to harm civilians, so long as the harm is not excessive to the concrete and direct military advantage they anticipate gaining through an attack. This paper examines the current state of international law regarding duties owed to victims suffering harm as a result of lawful combat operations and discusses the moral obligations owed to them by the parties who cause them harm. The paper notes that civilians who suffer incidental …
Slavery And Information, Giuseppe Dari-Mattiacci
Slavery And Information, Giuseppe Dari-Mattiacci
Giuseppe Dari-Mattiacci
This article shows how asymmetric information shaped slavery by determining the likelihood of manumission. A theoretical model explains the need to offer positive incentive to slaves working in occupations characterized by a high degree of asymmetric information. As a result, masters freed (and, more generally, rewarded) slaves who performed well. The model’s implications are then tested against the available evidence: both in Rome and in the Atlantic world, slaves with high-asymmetric-information tasks had greater chances of manumission. The analysis also sheds light on the master’s choices of carrots versus sticks and of labor versus slavery.
Luxury In Ancient Rome: Scope, Timing And Enforcement Of Sumptuary Laws, Giuseppe Dari-Mattiacci, Anna Plisecka
Luxury In Ancient Rome: Scope, Timing And Enforcement Of Sumptuary Laws, Giuseppe Dari-Mattiacci, Anna Plisecka
Giuseppe Dari-Mattiacci
Between 182 BC and 18 BC, Roman lawmakers enacted a series of sumptuary laws regulating banquets (including the number of guests and the consumption of specific foods). Enforcement was hardly successful and these regulations had to be reiterated over time. Traditional explanations based on morals, protection of patrimonies and electoral competition do not fully account for the scope, timing and enforcement patterns of such laws. We advance and formalize a novel hypothesis holding that sumptuary legislation originated from the misalignment between political and economic power following the military and economic expansion of Rome in the last two centuries of the …
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Starla J. Williams
This article profiles Thurgood Marshall as a writer in his roles as an advocate and social activist, a legal scholar and a Supreme Court Justice. It examines the techniques that he used as a writer to inform and persuade his audiences in his life-long endeavor to achieve equality for everyone. This examination of Marshall’s legal, scholarly, and judicial writings can help lawyers, academics, and students increase their knowledge of how the written word profoundly impacts society. The article first studies his arguments and legal strategy in two early civil rights cases, University of Maryland v. Murray and Smith v. Allwright. …
The Slave In The Window, Paul J. Du Plessis
The Slave In The Window, Paul J. Du Plessis
Paul J. du Plessis
This chapter investigates the law relating to the retention of movable property pledged as security for the repayment of a debt in Roman law. It argues that the evolution from pledge with possession (pignus) to pledge without possession (hypothec) may be linked to the complexity of retaining living movable property as real security.
The Hereditability Of Locatio Conductio, Paul J. Du Plessis
The Hereditability Of Locatio Conductio, Paul J. Du Plessis
Paul J. du Plessis
This article investigates the hereditability of the contract of letting and hiring. It considers the reasons for allowing the contract of lease to be passed on to heirs in light of the larger theme of this book about the relationship between law and society.
The Roman Concept Of Lex Contractus, Paul J. Du Plessis
The Roman Concept Of Lex Contractus, Paul J. Du Plessis
Paul J. du Plessis
This article investigates the scope and function of the written terms of a contract in Roman law. It investigates the semantics of these written accounts in an attempt to understand the Roman concept of "contract" and the legal conventions that governed it.