Misplaced Pages

#703296

119-422: In Roman law , exsilium denoted both voluntary exile and banishment as a capital punishment alternative to death. Deportation was forced exile, and entailed the lifelong loss of citizenship and property. Relegation was a milder form of deportation, which preserved the subject's citizenship and property. The term diaspora describes group exile, both voluntary and forced. " Government in exile " describes

238-432: A Roman citizen ( status civitatis ) unlike foreigners, or he could have been free ( status libertatis ) unlike slaves, or he could have had a certain position in a Roman family ( status familiae ) either as the head of the family ( pater familias ), or some lower member alieni iuris (one who lives under someone else's law). The history of Roman Law can be divided into three systems of procedure: that of legis actiones ,

357-401: A Roman male citizen. The parties could agree on a judge, or they could appoint one from a list, called album iudicum . They went down the list until they found a judge agreeable to both parties, or if none could be found they had to take the last one on the list. No one had a legal obligation to judge a case. The judge had great latitude in the way he conducted the litigation. He considered all

476-529: A basis for legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia. English and Anglo-American common law were influenced also by Roman law, notably in their Latinate legal glossary (for example, stare decisis , culpa in contrahendo , pacta sunt servanda ). Eastern Europe was also influenced by

595-405: A complete and coherent system of all applicable rules or give legal solutions for all possible cases. Rather, the tables contained specific provisions designed to change the then-existing customary law . Although the provisions pertain to all areas of law, the largest part is dedicated to private law and civil procedure . Among the most consequential laws passed during the early Republic were

714-589: A government of a country that has relocated and argues its legitimacy from outside that country. Voluntary exile is often depicted as a form of protest by the person who claims it, to avoid persecution and prosecution (such as tax or criminal allegations), an act of shame or repentance, or isolating oneself to be able to devote time to a particular pursuit. Article 9 of the Universal Declaration of Human Rights states that "No one shall be subjected to arbitrary arrest, detention or exile." Internal exile

833-511: A lack of concord" among people were the causes of Poland's national downfall. Thus, when the rising finally began, the insurgents demanded absolute power for their leaders and tolerated no criticism for fear that discord would again prove ruinous for all. However, the men chosen to lead, because of their past achievements, proved unable to perform the great task expected of them. Moreover, many apparently had little faith that their joint effort could succeed. Militarily, Poland might have succeeded if

952-520: A large public demonstration on 3 December in Warsaw, he denounced the negotiations between the government and Grand Duke Constantine, who was encamped outside the city. Mochnacki advocated a military campaign in Lithuania to spare the country from the devastation of war and to preserve the local food supply. The meeting adopted a number of demands to be communicated to the administrative council, including

1071-629: A military garrison, and its university closed. After the Partitions of Poland by Austria, Germany, and Russia, Poland ceased to exist as an independent political entity at the end of 1795. However, the Napoleonic Wars and Polish participation in the wars against Russia and Austria resulted in the creation of the Duchy of Warsaw in 1807. The Congress of Vienna brought that state's existence to an end in 1815, and essentially solidified

1190-528: A murderess out of revenge, she fled to Athens and married king Aigeus there, and became the stepmother of the hero Theseus . Due to a conflict with him, she must leave the Polis and go away into exile. John William Waterhouse (1849–1917), the English Pre-Raphaelite painter's famous picture Jason and Medea shows a key moment before, when Medea tries to poison Theseus. In ancient Rome,

1309-713: A personal union with the Tsar as King of Poland, could elect its own parliament (the Sejm ) and government. The kingdom had its own courts, army and treasury. Over time, the freedoms granted to the Kingdom were gradually taken back, and the constitution was progressively ignored by the Russian authorities. Alexander I of Russia never formally crowned himself as King of Poland. Instead, in 1815, he appointed his brother, Grand Duke Constantine Pavlovich as de facto viceroy and disregarded

SECTION 10

#1732766159704

1428-427: A political variety, during the 19th and 20th century. Exiled political groups often develop complex media strategies, including diaspora engagement and investigative reporting, to maintain visibility, mobilise support, and address challenges of operating outside their home country. During a foreign occupation or after a coup d'état , a government in exile of a such afflicted country may be established abroad. One of

1547-806: A practical expression in the foundation in London of the Association of the Friends of Poland . The November Uprising was also supported in the United States. Edgar Allan Poe was sympathetic to the Polish cause and volunteered to fight the Russians during the November Uprising (Bobr-Tylingo 1982, 145). Despite Poland's deep connection to Catholicism and the fact that many participants in

1666-573: A result, after 1825, sessions of the Polish Sejm were conducted in secret. Nicholas I of Russia formally crowned himself as King of Poland on 24 May 1829 in Warsaw. Despite numerous protests by various Polish politicians who actively supported the "personal union", Grand Duke Constantine had no intention of respecting the Polish constitution, one of the most progressive in Europe at that time. He abolished Polish social and patriotic organizations and

1785-552: A second decemvirate ever took place. The decemvirate of 451 BC is believed to have included the most controversial points of customary law, and to have assumed the leading functions in Rome. Furthermore, questions concerning Greek influence on early Roman Law are still much discussed. Many scholars consider it unlikely that the patricians sent an official delegation to Greece, as the Latin historians believed. Instead, those scholars suggest,

1904-618: A special tax in order to re-enter the United States. In some cases a person voluntarily lives in exile to avoid legal issues, such as litigation or criminal prosecution . An example of this is Asil Nadir , who fled to the Turkish Republic of Northern Cyprus for 17 years rather than face prosecution in connection with the failed £1.7 bn company Polly Peck in the United Kingdom . Examples include: Exile, government man and assigned servant were all euphemisms used in

2023-486: Is a form of banishment within the boundaries of one's homeland, but far away from home. In some cases the deposed head of state is allowed to go into exile following a coup or other change of government, allowing a more peaceful transition to take place or to escape justice. A wealthy citizen who moves to a jurisdiction with lower taxes is termed a tax exile . Creative people such as authors and musicians who achieve sudden wealth sometimes choose this. Examples include

2142-420: Is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff. It may only be used when plaintiff owns the thing, and the defendant is somehow impeding the plaintiff's possession of the thing. The plaintiff could also institute an actio furti (a personal action) to punish the defendant. If the thing could not be recovered, the plaintiff could claim damages from

2261-436: Is an early motif in ancient Greek tragedy . In the ancient Greek world, this was seen as a fate worse than death. The motif reaches its peak on the play Medea , written by Euripides in the fifth century BC, and rooted in the very old oral traditions of Greek mythology. Euripides' Medea has remained the most frequently performed Greek tragedy through the 20th century. After Medea was abandoned by Jason and had become

2380-577: Is believed that Roman law is rooted in the Etruscan religion , emphasizing ritual. The first legal text is the Law of the Twelve Tables , dating from the mid-fifth century BC. The plebeian tribune, C. Terentilius Arsa, proposed that the law should be written in order to prevent magistrates from applying the law arbitrarily. After eight years of political struggle, the plebeian social class convinced

2499-461: Is said to have published around the year 300 BC the formularies containing the words which had to be spoken in court to begin a legal action. Before the time of Flavius, these formularies are said to have been secret and known only to the priests. Their publication made it possible for non-priests to explore the meaning of these legal texts. Whether or not this story is credible, jurists were active and legal treatises were written in larger numbers before

SECTION 20

#1732766159704

2618-477: Is traditionally the part of the law that changes least. For example, Constantine started putting restrictions on the ancient Roman concept of patria potestas , the power held by the male head of a family over his descendants, by acknowledging that persons in potestate , the descendants, could have proprietary rights. He was apparently making concessions to the much stricter concept of paternal authority under Greek-Hellenistic law. The Codex Theodosianus (438 AD)

2737-594: The Lex Canuleia (445 BC), which allowed marriage ( conubium ) between patricians and plebeians ; the Leges Liciinae Sextiae (367 BC), which restricted the amount of public land ( ager publicus ) that any citizen could occupy, and stipulated that one of the two annual consuls must be plebeian; the Lex Ogulnia (300 BC), which permitted plebeians to hold certain priestly offices; and

2856-582: The Lex Hortensia (287 BC), which stated that the determinations of plebeian assemblies (plebiscita) would henceforth be binding on the entire populus Romanus , both patricians and plebeians. Another important statute from the Republican era is the Lex Aquilia of 286 BC, which may be regarded as the root of modern tort law . Rome's most important contribution to European legal culture

2975-708: The Battle of Actium and Mark Antony 's suicide, what was left of the Roman constitution died along with the Republic. The first Roman emperor , Augustus , attempted to manufacture the appearance of a constitution that still governed the Empire, by utilising that constitution's institutions to lend legitimacy to the Principate , e.g., reusing prior grants of greater imperium to substantiate Augustus' greater imperium over

3094-640: The Battle of Olszynka Grochowska . Both armies withdrew after almost two days of heavy fighting and with considerable losses on both sides. Over 7,000 Poles fell on that field, and the number of killed in the Russian army was slightly larger. Diebitsch was forced to retreat to Siedlce and Warsaw was saved. Chłopicki, whose soldierly qualities reasserted themselves by military activity, was wounded in action and his place taken by General Jan Skrzynecki , who, like his predecessor, had won distinction under Napoleon for personal courage. Disliked by Grand Duke Constantine, he had retired from service. He shared with Chłopicki

3213-697: The Central Tibetan Administration , commonly known as the Tibetan government-in-exile, and headed by the 14th Dalai Lama . Ivan the Terrible once exiled to Siberia an inanimate object: a bell. "When the inhabitants of the town of Uglich rang their bell to rally a demonstration against Ivan the Terrible, the cruel Czar executed two hundred (nobles), and exiled the Uglich bell to Siberia, where it remained for two hundred years." Exile

3332-623: The French civil code came into force. In the course of the 19th century, many European states either adopted the French model or drafted their own codes. In Germany, the political situation made the creation of a national code of laws impossible. From the 17th century, Roman law in Germany had been heavily influenced by domestic (customary) law, and it was called usus modernus Pandectarum . In some parts of Germany, Roman law continued to be applied until

3451-837: The Jews following the destruction of the second Temple in Jerusalem in AD 70. Jewish prayers include a yearning to return to Jerusalem and the Land of Israel , such as " Next Year in Jerusalem ". After the Partitions of Poland in the late 18th century, and following the uprisings (like Kościuszko Uprising , November Uprising and January Uprising ) against the partitioning powers ( Russia , Prussia and Austria ), many Poles have chosen – or been forced – to go into exile, forming large diasporas (known as Polonia ), especially in France and

3570-724: The Polish–Russian War 1830–31 or the Cadet Revolution , was an armed rebellion in the heartland of partitioned Poland against the Russian Empire . The uprising began on 29 November 1830 in Warsaw when young Polish officers from the military academy of the Army of Congress Poland revolted, led by Lieutenant Piotr Wysocki . Large segments of the peoples of Lithuania , Belarus , and Right-bank Ukraine soon joined

3689-417: The Principate in 27 BC. In the period between about 201 to 27 BC, more flexible laws develop to match the needs of the time. In addition to the old and formal ius civile a new juridical class is created: the ius honorarium , which can be defined as "The law introduced by the magistrates who had the right to promulgate edicts in order to support, supplement or correct the existing law." With this new law

Exile - Misplaced Pages Continue

3808-581: The Twelve Tables ( c.  449 BC ), to the Corpus Juris Civilis (AD 529) ordered by Eastern Roman emperor Justinian I . Roman law forms the basic framework for civil law , the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law . After

3927-552: The ecclesiastical courts and, less directly, through the development of the equity system. In addition, some concepts from Roman law made their way into the common law. Especially in the early 19th century, English lawyers and judges were willing to borrow rules and ideas from continental jurists and directly from Roman law. The practical application of Roman law, and the era of the European Ius Commune , came to an end when national codifications were made. In 1804,

4046-467: The formulary system , and cognitio extra ordinem . The periods in which these systems were in use overlapped one another and did not have definitive breaks, but it can be stated that the legis actio system prevailed from the time of the XII Tables (c. 450 BC) until about the end of the 2nd century BC, that the formulary procedure was primarily used from the last century of the Republic until the end of

4165-470: The imperial provinces and the prorogation of different magistracies to justify Augustus' receipt of tribunician power. The belief in a surviving constitution lasted well into the life of the Roman Empire . Stipulatio was the basic form of contract in Roman law. It was made in the format of question and answer. The precise nature of the contract was disputed, as can be seen below. Rei vindicatio

4284-471: The patricians to send a delegation to Athens to copy the Laws of Solon ; they also dispatched delegations to other Greek cities for a like reason. In 451 BC, according to the traditional story (as Livy tells it), ten Roman citizens were chosen to record the laws, known as the decemviri legibus scribundis . While they were performing this task, they were given supreme political power ( imperium ), whereas

4403-622: The 19th century for convicts under sentence who had been transported from Britain to Australia . When a large group, or occasionally a whole people or nation is exiled, it can be said that this nation is in exile, or "diaspora". Nations that have been in exile for substantial periods include the Israelites by the Assyrian king Sargon II in 720 BCE, the Judeans who were deported by Babylonian king Nebuchadnezzar II in 586 BC, and

4522-423: The 2nd century BC. Among the famous jurists of the republican period are Quintus Mucius Scaevola , who wrote a voluminous treatise on all aspects of the law, which was very influential in later times, and Servius Sulpicius Rufus , a friend of Marcus Tullius Cicero . Thus, Rome had developed a very sophisticated legal system and a refined legal culture when the Roman republic was replaced by the monarchical system of

4641-661: The British-Canadian writer Arthur Hailey , who moved to the Bahamas to avoid taxes following the runaway success of his novels Hotel and Airport , and the English rock band the Rolling Stones who, in the spring of 1971, owed more in taxes than they could pay and left Britain before the government could seize their assets. Members of the band all moved to France for a period of time where they recorded music for

4760-506: The German civil code ( Bürgerliches Gesetzbuch , BGB) went into effect in 1900. Colonial expansion spread the civil law system. Today, Roman law is no longer applied in legal practice, even though the legal systems of some countries like South Africa and San Marino are still based on the old jus commune . However, even where the legal practice is based on a code, many rules deriving from Roman law apply: no code completely broke with

4879-488: The German exile scene, "to bring the rich, scattered and murky experience of exile into epic form", as he wrote in his literary balance sheet. At the same place and in the same year, Anna Seghers published her famous novel Das siebte Kreuz ( The Seventh Cross , published in the United States in 1942). Important exile literature in recent years include that of the Caribbean, many of whose artists emigrated to Europe or

Exile - Misplaced Pages Continue

4998-596: The Germanic kings, however, the influence of early Eastern Roman codes on some of these is quite discernible. In many early Germanic states, Roman citizens continued to be governed by Roman laws for quite some time, even while members of the various Germanic tribes were governed by their own respective codes. The Codex Justinianus and the Institutes of Justinian were known in Western Europe, and along with

5117-831: The Isaurian issued a new code, the Ecloga , in the early 8th century. In the 9th century, the emperors Basil I and Leo VI the Wise commissioned a combined translation of the Code and the Digest, parts of Justinian's codes, into Greek, which became known as the Basilica . Roman law as preserved in the codes of Justinian and in the Basilica remained the basis of legal practice in Greece and in

5236-569: The Middle Ages. Roman law regulated the legal protection of property and the equality of legal subjects and their wills, and it prescribed the possibility that the legal subjects could dispose their property through testament. By the middle of the 16th century, the rediscovered Roman law dominated the legal practice of many European countries. A legal system, in which Roman law was mixed with elements of canon law and of Germanic custom, especially feudal law , had emerged. This legal system, which

5355-495: The Polish aspirations reverberated throughout Europe. Enthusiastic meetings had been held in Paris under Lafayette's chairmanship, and money for the Polish cause was collected in the United States. The governments of France and Britain, however, did not share the feelings of some of their people. King Louis-Philippe of France thought mainly of securing for himself recognition on the part of all European governments, and Lord Palmerston

5474-558: The Polish committees all over Germany were be closed. Adam Czartoryski remarked that the war with Russia, precipitated by the rising of young patriots in November 1830, came either too early or too late. Puzyrewski argued that the rising should have been initiated in 1828, when Russia was experiencing reversals in Turkey and was least able to spare substantial forces for war with Poland ( Lewinski-Corwin , 1917). Military critics, such as

5593-635: The Polish constitution. The rebels managed to enter the Belweder, but Grand Duke Constantine had escaped in women's clothing. The rebels then turned to the main city arsenal and captured it after a brief struggle. The following day, armed Polish civilians forced the Russian troops to withdraw north of Warsaw. That incident is sometimes called the Warsaw Uprising or the November Night . ( Polish : Noc listopadowa ). Taken by surprise with

5712-415: The Polish crown to him whom it may consider worthy, from whom it might with certainty expect faith to his oath and wholehearted respect to the sworn guarantees of civic freedom." On 29 January, the national government of Adam Jerzy Czartoryski was established, and Michał Gedeon Radziwiłł was chosen as successor to Chłopicki, who was persuaded to accept active command of the army. It was too late to move

5831-403: The Polish forces. Mistakes on the part of the commanders, constant changes and numerous resignations, and the inactivity of the commanders, who continued to hope for foreign intervention, added to the feeling of despair. The more radical elements severely criticized the government not only for its inactivity but also for its lack of land reform and its failure to recognize the peasants' rights to

5950-513: The Polish frontiers and prevented the transportation of munitions of war or supplies of any kind. Under those circumstances, the war with Russia began to take on a somber and disquieting aspect. The Poles fought desperately and attempts were made to rouse Volhynia , Podolia , Samogitia and Lithuania . With the exception of the Lithuanian uprising in which the youthful Countess Emilia Plater and several other women distinguished themselves,

6069-608: The Polish national epic. A 1937 German film, Ride to Freedom was partly shot on location in Poland. The Scottish poet Thomas Campbell , who had championed the cause of the Poles in The Pleasures of Hope , was affected by the news of the capture of Warsaw by the Russians in 1831 as if it had been the deepest of personal calamities. "Poland preys on my heart night and day", he wrote in one of his letters, and his sympathy found

SECTION 50

#1732766159704

6188-650: The Prussian government frustrated his plans. The immigrants left Prussia in bands of between fifty and a hundred, and their journey through the various German principalities was greeted with enthusiasm by the local populations. Even German sovereigns such as the King of Saxony , the Princess of Weimar and the Duke of Gotha shared in the general demonstration of sympathy. It was only upon the very insistent demands of Russia that

6307-531: The Roman Senate had the power to declare the exile to individuals, families or even entire regions. One of the Roman victims was the poet Ovid , who lived during the reign of Augustus . He was forced to leave Rome and move away to the city of Tomis on the Black Sea, now Constanța . There he wrote his famous work Tristia (Sorrows) about his bitter feelings in exile. Another, at least in a temporary exile,

6426-460: The Roman civil law ( ius civile Quiritium ) that applied only to Roman citizens, and was bonded to religion; undeveloped, with attributes of strict formalism, symbolism, and conservatism, e.g. the ritual practice of mancipatio (a form of sale). The jurist Sextus Pomponius said, "At the beginning of our city, the people began their first activities without any fixed law, and without any fixed rights: all things were ruled despotically, by kings". It

6545-405: The Roman tradition. Rather, the provisions of the Roman law were fitted into a more coherent system and expressed in the national language. For this reason, knowledge of the Roman law is indispensable to understand the legal systems of today. Thus, Roman law is often still a mandatory subject for law students in civil law jurisdictions . In this context, the annual International Roman Law Moot Court

6664-400: The Romans acquired Greek legislations from the Greek cities of Magna Graecia , the main portal between the Roman and Greek worlds. The original text of the Twelve Tables has not been preserved. The tablets were probably destroyed when Rome was conquered and burned by the Gauls in 387 BC. The fragments which did survive show that it was not a law code in the modern sense. It did not provide

6783-426: The Russian division of Teodor Geismar. However, the victory had mostly psychological value and could not stop the Russian advance towards Warsaw. The subsequent Battles of Dobre, Wawer and Białołęka were inconclusive. The Polish forces then assembled on the right bank of the Vistula to defend the capital. On 25 February, a Polish contingent of approximately 40,000 met a Russian force of 60,000 east of Warsaw at

6902-444: The Russian forces from joining, and the Sejm responded to popular clamor for his deposition by appointing General Dembinski to temporary command. The atmosphere was highly charged. Severe rioting took place and the government became completely disorganized. Count Jan Krukowiecki was made President of the Ruling Council. He had little faith in the success of the military campaign but believed that when passions had subsided he could end

7021-425: The Russian pundit General Puzyrevsky, maintained that in spite of the inequality of resources of the two countries, Poland had had every chance of holding her own against Russia if the campaign had been managed skillfully. Russia sent over 180,000 well-trained men against Poland's 70,000, 30% of whom were fresh recruits entering the service at the opening of hostilities. "In view of this, one would think that not only

7140-425: The Senate controlled the treasury; and the consuls had the highest juridical power. By the middle of the 3rd century, the conditions for the flourishing of a refined legal culture had become less favourable. The general political and economic situation deteriorated as the emperors assumed more direct control of all aspects of political life. The political system of the Principate , which had retained some features of

7259-402: The United States . The entire population of Crimean Tatars (numbering 200,000 in all) that remained in their homeland of Crimea was exiled on 18 May 1944 to Central Asia as a form of ethnic cleansing and collective punishment on false accusations. Since the Cuban Revolution , over a million Cubans have left Cuba . Most of these self-identified as exiles as their motivation for leaving

SECTION 60

#1732766159704

7378-424: The United States for political or economic reasons. These writers include Nobel Prize winners V. S. Naipaul and Derek Walcott as well as the novelists Edwidge Danticat and Sam Selvon . [REDACTED] Media related to Exile at Wikimedia Commons Roman law Roman law is the legal system of ancient Rome , including the legal developments spanning over a thousand years of jurisprudence , from

7497-464: The album that came to be called Exile on Main Street , the Main Street of the title referring to the French Riviera. In 2012, Eduardo Saverin , one of the founders of Facebook, made headlines by renouncing his U.S. citizenship before his company's IPO . The dual Brazilian/U.S. citizen's decision to move to Singapore and renounce his citizenship spurred a bill in the U.S. Senate, the Ex-PATRIOT Act , which would have forced such wealthy tax exiles to pay

7616-594: The ancient Roman legal texts, and to teach others what they learned from their studies. The center of these studies was Bologna . The law school there gradually developed into Europe's first university. The students who were taught Roman law in Bologna (and later in many other places) found that many rules of Roman law were better suited to regulate complex economic transactions than were the customary rules, which were applicable throughout Europe. For this reason, Roman law, or at least some provisions borrowed from it, began to be re-introduced into legal practice, centuries after

7735-412: The army because of the chicanery of Constantine. He overestimated the power of Russia and underestimated the strength and the fervor of the Polish revolutionary movement. By temperament and conviction, he was opposed to a war with Russia and did not believe in a successful outcome. He accepted the dictatorship essentially to maintain internal peace and to save the constitution. Believing that Tsar Nicholas

7854-425: The army. The armed struggle began when a group of conspirators led by a young cadet from the Warsaw officers' school, Piotr Wysocki , took arms from their garrison on 29 November 1830 and attacked the Belweder Palace , the main seat of the Grand Duke. The final spark that ignited Warsaw was a Russian plan to use the Polish Army to suppress France's July Revolution and the Belgian Revolution , in clear violation of

7973-427: The bureaucratization, this procedure disappeared, and was substituted by the so-called "extra ordinem" procedure, also known as cognitory. The whole case was reviewed before a magistrate, in a single phase. The magistrate had obligation to judge and to issue a decision, and the decision could be appealed to a higher magistrate. German legal theorist Rudolf von Jhering famously remarked that ancient Rome had conquered

8092-419: The classical period (c. AD 200), and that of cognitio extra ordinem was in use in post-classical times. Again, these dates are meant as a tool to help understand the types of procedure in use, not as a rigid boundary where one system stopped and another began. During the republic and until the bureaucratization of Roman judicial procedure, the judge was usually a private person ( iudex privatus ). He had to be

8211-419: The complete liberation of Poland. On 13 December, the Sejm pronounced the National Uprising against Russia, and on 7 January 1831, Prince Drucki-Lubecki returned from Russia with no concessions. The Tsar demanded the complete and unconditional surrender of Poland and announced that the "Poles should surrender to the grace of their Emperor". His plans foiled, Chłopicki resigned the following day. Power in Poland

8330-429: The constitution. Soon after the Congress of Vienna resolutions had been signed, Russia ceased to respect them. In 1819, Alexander I abandoned liberty of the press in the Congress Kingdom and introduced censorship. The Russian secret police, commanded by Nikolay Nikolayevich Novosiltsev , started to infiltrate and persecute Polish clandestine organizations, and in 1821, the Tsar ordered the abolition of Freemasonry . As

8449-400: The conviction that war with Russia was futile but with the opening of hostilities took command of a corps and fought creditably at Grochov. When the weak and indecisive Michał Radziwiłł surrendered the dictatorship, Skrzynecki was chosen to succeed him. He endeavored to end the war by negotiations with the Russian field commanders and hoped for benign foreign intervention. Sympathetic echoes of

8568-498: The council that Constantine was ready to forgive the offenders and that the matter would be amicably settled, Maurycy Mochnacki and other radicals angrily objected and demanded a national uprising. Fearing an immediate break with Russia, the government agreed to let Constantine depart with his troops. Mochnacki did not trust the newly-constituted ministry and set out to replace it with the Patriotic Club, organized by him. At

8687-788: The courts of the Eastern Orthodox Church even after the fall of the Byzantine Empire and the conquest by the Turks, and, along with the Syro-Roman law book , also formed the basis for much of the Fetha Negest , which remained in force in Ethiopia until 1931. In the west, Justinian's political authority never went any farther than certain portions of the Italian and Hispanic peninsulas. In Law codes issued by

8806-430: The current era are the period during which Roman law and Roman legal science reached its greatest degree of sophistication. The law of this period is often referred to as the "classical period of Roman law". The literary and practical achievements of the jurists of this period gave Roman law its unique shape. The jurists worked in different functions: They gave legal opinions at the request of private parties. They advised

8925-432: The defendant with the aid of the condictio furtiva (a personal action). With the aid of the actio legis Aquiliae (a personal action), the plaintiff could claim damages from the defendant. Rei vindicatio was derived from the ius civile , therefore was only available to Roman citizens. A person's abilities and duties within the Roman legal system depended on their legal status ( status ). The individual could have been

9044-679: The dissolution of the Western Roman Empire , the Roman law remained in effect in the Eastern Roman Empire . From the 7th century onward, the legal language in the East was Greek. Roman law also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany , Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as

9163-613: The earlier code of Theodosius II , served as models for a few of the Germanic law codes; however, the Digest portion was largely ignored for several centuries until around 1070, when a manuscript of the Digest was rediscovered in Italy. This was done mainly through the works of glossars who wrote their comments between lines ( glossa interlinearis ), or in the form of marginal notes ( glossa marginalis ). From that time, scholars began to study

9282-485: The eastern part of the Empire, most of the subtleties of classical law came to be disregarded and finally forgotten in the west. Classical law was replaced by so-called vulgar law . The Roman Republic's constitution or mos maiorum ("custom of the ancestors") was an unwritten set of guidelines and principles passed down mainly through precedent. Concepts that originated in the Roman constitution live on in constitutions to this day. Examples include checks and balances ,

9401-401: The end of the Roman empire. This process was actively supported by many kings and princes who employed university-trained jurists as counselors and court officials and sought to benefit from rules like the famous Princeps legibus solutus est ("The sovereign is not bound by the laws", a phrase initially coined by Ulpian , a Roman jurist). There are several reasons that Roman law was favored in

9520-460: The establishment of a revolutionary government and an immediate attack upon the forces of Constantine. The Polish army, with all but two of its generals, Wincenty Krasiński and Zygmunt Kurnatowski , now joined the uprising. The remaining four ministers of the pre-revolutionary cabinet left the administrative council, and their places were taken by Mochnacki and three of his associates from the Patriotic Club, including Joachim Lelewel . The new body

9639-488: The evidence and ruled in the way that seemed just. Because the judge was not a jurist or a legal technician, he often consulted a jurist about the technical aspects of the case, but he was not bound by the jurist's reply. At the end of the litigation, if things were not clear to him, he could refuse to give a judgment, by swearing that it wasn't clear. Also, there was a maximum time to issue a judgment, which depended on some technical issues (type of action, etc.). Later on, with

9758-586: The government withdrew to the Modlin fortress , on the Vistula, subsequently renamed Novo-Georgievsk by the Russians, and then to Płock . New plans had been adopted when the news arrived that the Polish crack corps under Ramorino, unable to join the main army, had laid down its arms after crossing the Austrian frontier into Galicia. It became evident that the war could be carried on no longer. On 5 October 1831,

9877-543: The guerilla warfare carried on in the frontier provinces was of minor importance and served only to give Russia an opportunity to crush local risings. Notorious was the slaughter of the inhabitants of the small town of Ashmiany in Belarus. Meanwhile, new Russian forces under Grand Duke Michael Pavlovich of Russia arrived in Poland but met with many defeats. Constant warfare, however, and bloody battles such as that at Ostroleka in which 8,000 Poles died, considerably depleted

9996-560: The island is political in nature. At the time of the Cuban Revolution, Cuba only had a population of 6.5 million, and was not a country that had a history of significant emigration, it being the sixth largest recipient of immigrants in the world as of 1958. Most of the exiles' children also consider themselves to be Cuban exiles . Under Cuban law, children of Cubans born abroad are considered Cuban citizens. An extension of colonial practices, Latin America saw widespread exile, of

10115-484: The jurisprudence of the Corpus Juris Civilis , especially in countries such as medieval Romania ( Wallachia , Moldavia , and some other medieval provinces/historical regions) which created a new system, a mixture of Roman and local law. Also, Eastern European law was influenced by the " Farmer's Law " of the medieval Byzantine legal system . Before the Twelve Tables (754–449 BC), private law comprised

10234-410: The jurist Salvius Iulianus drafted a standard form of the praetor's edict, which was used by all praetors from that time onwards. This edict contained detailed descriptions of all cases, in which the praetor would allow a legal action and in which he would grant a defense. The standard edict thus functioned like a comprehensive law code, even though it did not formally have the force of law. It indicated

10353-528: The liberal opposition of the Kaliszanie faction, and replaced Poles with Russians in important administrative positions. Although married to a Pole ( Joanna Grudzińska ), he was commonly considered an enemy of the Polish nation. Also, his command over the Polish Army led to serious conflicts within the officer corps. The frictions led to various conspiracies throughout the country, most notably within

10472-522: The line of battle had been established in Lithuania , wrote Lewinski-Corwin, and if the Russian forces, arriving in Poland progressively, had been dealt with separately and decisively, one unit after another. After the end of the November Uprising, Polish women wore black ribands and jewellery as a symbol of mourning for their lost homeland. Such images can be seen in the first scenes of the movie Pan Tadeusz , filmed by Andrzej Wajda in 1999, based on

10591-604: The long-term division of Poland between Russia, Prussia and Austria. The Austrian Empire annexed territories in the south, Prussia took control over the semi-autonomous Grand Duchy of Poznań in the west and Russia assumed hegemony over the semi-autonomous so-called Congress Kingdom . Initially, the Russian-formed Congress Kingdom enjoyed a relatively large amount of internal autonomy and was only indirectly subject to imperial control. It had its own constitution . The province, united with Russia through

10710-478: The magistrates who were entrusted with the administration of justice, most importantly the praetors. They helped the praetors draft their edicts , in which they publicly announced at the beginning of their tenure, how they would handle their duties, and the formularies, according to which specific proceedings were conducted. Some jurists also held high judicial and administrative offices themselves. The jurists also produced all kinds of legal punishments. Around AD 130

10829-735: The most well-known instances of this is the Polish government-in-exile , a government in exile that commanded Polish armed forces operating outside Poland, and the African-based Free French Forces government of Charles de Gaulle during the German Occupation of Poland and France in WWII . Other post-war examples include the client All Palestine Government established by the Egyptian Kingdom , and

10948-450: The old formalism is being abandoned and new more flexible principles of ius gentium are used. The adaptation of law to new needs was given over to juridical practice, to magistrates , and especially to the praetors . A praetor was not a legislator and did not technically create new law when he issued his edicts ( magistratuum edicta ). In fact, the results of his rulings enjoyed legal protection ( actionem dare ) and were in effect often

11067-437: The power of the magistrates was restricted. In 450 BC, the decemviri produced the laws on ten tablets ( tabulae ), but these laws were regarded as unsatisfactory by the plebeians. A second decemvirate is said to have added two further tablets in 449 BC. The new Law of the Twelve Tables was approved by the people's assembly. Modern scholars tend to challenge the accuracy of Latin historians . They generally do not believe that

11186-443: The pretext of religion, and revolting against the legitimate authority of the princes, they filled their fatherland, which they loosed from due obedience to authority, with mourning. We shed abundant tears at the feet of God, grieving over the harsh evil with which some of our flock was afflicted. Afterward We humbly prayed that God would enable your provinces, agitated by so many and so serious dissensions, to be restored to peace and to

11305-525: The rapidly unfolding of events during the night of 29 November 1830, the local Polish government ( administrative council ) assembled immediately to take control and to decide on a course of action. Unpopular ministers were removed and men like Prince Adam Jerzy Czartoryski , the historian Julian Ursyn Niemcewicz and General Józef Chłopicki took their places. Loyalists led by Prince Czartoryski initially tried to negotiate with Grand Duke Constantine and to settle matters peacefully. However, when Czartoryski told

11424-469: The rebellion were Catholic, the rebellion was condemned by the Church. Pope Gregory XVI issued an encyclical letter in the following year on the subject of civil disobedience. Cum Primum stated: When the first report of the calamities, which so seriously devastated your flourishing kingdom reached our ears, We learned simultaneously that they had been caused by some fabricators of deceit and lies. Under

11543-513: The remainder of the Polish army of over 20,000 men crossed the Prussian frontier and laid down their arms at Brodnica in preference to submission to Russia. Only one man, a colonel by the name of Stryjenski, gained the peculiar distinction of giving himself up to Russia. Following the example of Dąbrowski a generation before, General Bem endeavored to reorganize the Polish soldiers in Prussia and Galicia into Legions and lead them to France, but

11662-524: The republican constitution, began to transform itself into the absolute monarchy of the Dominate . The existence of legal science and of jurists who regarded law as a science, not as an instrument to achieve the political goals set by the absolute monarch, did not fit well into the new order of things. The literary production all but ended. Few jurists after the mid-3rd century are known by name. While legal science and legal education persisted to some extent in

11781-440: The requirements for a successful legal claim. The edict therefore became the basis for extensive legal commentaries by later classical jurists like Paulus and Ulpian . The new concepts and legal institutions developed by pre-classical and classical jurists are too numerous to mention here. Only a few examples are given here: The Roman Republic had three different branches: The assemblies passed laws and made declarations of war;

11900-512: The separation of powers , vetoes , filibusters , quorum requirements, term limits , impeachments , the powers of the purse , and regularly scheduled elections . Even some lesser used modern constitutional concepts, such as the block voting found in the electoral college of the United States , originate from ideas found in the Roman constitution. The constitution of the Roman Republic was not formal or even official. Its constitution

12019-496: The soil they tilled, but the Sejm, fearing that the governments of Europe might regard the war with Russia as social revolution, procrastinated and haggled over concessions. The initial enthusiasm of the peasantry waned, and the ineptitude of the government became more apparent. In the meantime, the Russian forces, commanded after the death of Diebitsch by General Paskevich, were moving to encircle Warsaw . Skrzynecki failed to prevent

12138-448: The source of new legal rules. A praetor's successor was not bound by the edicts of his predecessor; however, he did take rules from edicts of his predecessor that had proved to be useful. In this way a constant content was created that proceeded from edict to edict ( edictum traslatitium ). Thus, over the course of time, parallel to the civil law and supplementing and correcting it, a new body of praetoric law emerged. In fact, praetoric law

12257-472: The theatre of hostilities to Lithuania. On 4 February 1831, a 115,000-strong Russian army under Field Marshal Hans Karl von Diebitsch crossed the Polish borders. The force included the Finnish Guards' Rifle Battalion . The first major battle took place on 14 February 1831, close to the village of Stoczek near Łuków . In the Battle of Stoczek , Polish cavalry under Brigadier Józef Dwernicki defeated

12376-699: The time Roman law was rediscovered. Therefore, the practical advantages of Roman law were less obvious to English practitioners than to continental lawyers. As a result, the English system of common law developed in parallel to Roman-based civil law, with its practitioners being trained at the Inns of Court in London rather than receiving degrees in Canon or Civil Law at the Universities of Oxford or Cambridge . Elements of Romano-canon law were present in England in

12495-529: The uprising. Although the insurgents achieved local successes, a numerically superior Imperial Russian Army under Ivan Paskevich eventually crushed the uprising. The Russian Emperor Nicholas I issued the Organic Statute in 1832, according to which, henceforth Russian-occupied Poland would lose its autonomy and become an integral part of the Russian Empire. Warsaw became little more than

12614-471: The war on what seemed to him advantageous terms. Despite a desperate defence by General Józef Sowiński , Warsaw's suburb of Wola fell to Paskevich's forces on 6 September. The next day saw the second line of the capital's defensive works attacked by the Russians. During the night of 7 September Krukowiecki capitulated, although the city still held out. He was immediately deposed by the Polish government and replaced by Bonawentura Niemojowski . The army and

12733-457: The world three times: the first through its armies, the second through its religion, the third through its laws. He might have added: each time more thoroughly. When the centre of the Empire was moved to the Greek East in the 4th century, many legal concepts of Greek origin appeared in the official Roman legislation. The influence is visible even in the law of persons or of the family, which

12852-555: Was Dante . The German-language writer Franz Kafka described the exile of Karl Rossmann in the posthumously published novel Amerika . During the period of National Socialism in the first few years after 1933, many Jews, as well as a significant number of German artists and intellectuals fled into exile; for instance, the authors Klaus Mann and Anna Seghers . So Germany's own exile literature emerged and received worldwide credit. Klaus Mann finished his novel Der Vulkan ( The Volcano: A Novel Among Emigrants ) in 1939 describing

12971-423: Was a codification of Constantian laws. Later emperors went even further, until Justinian finally decreed that a child in potestate became owner of everything it acquired, except when it acquired something from its father. The codes of Justinian, particularly the Corpus Juris Civilis (529–534) continued to be the basis of legal practice in the Empire throughout its so-called Byzantine history. Leo III

13090-598: Was common to all of continental Europe (and Scotland ) was known as Ius Commune . This Ius Commune and the legal systems based on it are usually referred to as civil law in English-speaking countries. Only England and the Nordic countries did not take part in the wholesale reception of Roman law. One reason for this is that the English legal system was more developed than its continental counterparts by

13209-557: Was developed in order to better educate the students and to network with one another internationally. As steps towards a unification of the private law in the member states of the European Union are being taken, the old jus commune , which was the common basis of legal practice everywhere in Europe, but allowed for many local variants, is seen by many as a model. November Uprising [REDACTED] Congress Poland The November Uprising (1830–31), also known as

13328-453: Was intent on maintaining friendly relations with Russia. Britain regarded with alarm the reawakening of the French national spirit and did not wish to weaken Russia, "as Europe might soon again require her services in the cause of order, and to prevent Poland, whom it regarded as a national ally of France, from becoming a French province of the Vistula". Austria and Prussia adopted a position of benevolent neutrality towards Russia. They closed

13447-450: Was known as the "provisional government". To legalize its actions the provisional government ordered the convocation of the Sejm and on 5 December 1830 proclaimed General Chłopicki as "dictator of the uprising". Chłopicki considered the uprising an act of madness but bowed to pressure and consented to take command temporarily in the hope that it would be unnecessary to take the field. An able and highly-decorated soldier, he had retired from

13566-464: Was largely unwritten, and was constantly evolving throughout the life of the Republic. Throughout the 1st century BC, the power and legitimacy of the Roman constitution was progressively eroding. Even Roman constitutionalists, such as the senator Cicero , lost a willingness to remain faithful to it towards the end of the Republic. When the Roman Republic ultimately fell in the years following

13685-510: Was not the enactment of well-drafted statutes, but the emergence of a class of professional jurists ( prudentes or jurisprudentes , sing. prudens ) and of a legal science. This was achieved in a gradual process of applying the scientific methods of Greek philosophy to the subject of law, a subject which the Greeks themselves never treated as a science. Traditionally, the origins of Roman legal science are connected to Gnaeus Flavius . Flavius

13804-601: Was now in the hands of the radicals united in the Towarzystwo Patriotyczne ('Patriotic Society'), directed by Joachim Lelewel . On 25 January 1831, the Sejm passed the Act of Dethronization of Nicholas I , which ended the Polish-Russian personal union and was equivalent to a declaration of war on Russia. The proclamation declared that "the Polish nation is an independent people and has a right to offer

13923-426: Was so defined by the famous Roman jurist Papinian (142–212 AD): " Ius praetorium est quod praetores introduxerunt adiuvandi vel supplendi vel corrigendi iuris civilis gratia propter utilitatem publicam " ("praetoric law is that law introduced by praetors to supplement or correct civil law for public benefit"). Ultimately, civil law and praetoric law were fused in the Corpus Juris Civilis . The first 250 years of

14042-421: Was the result of the struggle undoubted, but its course should have been a triumphant march for the infinitely stronger party. Instead, the war lasted eight months, with often doubtful success. At times the balance seemed to tip decidedly to the side of the weaker adversary who dealt not only blows but even ventured daring offensives." It had long been argued, as Edward Lewinski-Corwin in 1917, that "anarchy and

14161-434: Was unaware of his brother's actions and that the uprising could be ended if the Russian authorities accepted the constitution, Chłopicki's first move was to send Prince Franciszek Ksawery Drucki-Lubecki to Saint Petersburg to negotiate. Chłopicki refrained from strengthening the Polish army and refused to initiate armed hostilities by expelling Russian forces from Lithuania. However, the radicals in Warsaw pressed for war and

#703296