Responsa (plural of Latin responsum , 'answer') comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them. In the modern era, the term is used to describe decisions and rulings made by scholars in historic religious law .
132-558: Roman law recognised responsa prudentium , i.e., the responses and thoughts of jurists , as one of the sources of ius scriptum (written law), along with laws originating from magistrates , from the Senate , or from the emperor . A particularly well-known and highly influential example of such responsa was the Digesta (or Digests ), in 90 books, the principal work of the prominent second century jurist Salvius Julianus . This
264-462: A low culture , popular culture , or folk culture of the lower classes, distinguished by the stratified access to cultural capital . In common parlance, culture is often used to refer specifically to the symbolic markers used by ethnic groups to distinguish themselves visibly from each other such as body modification , clothing or jewelry . Mass culture refers to the mass-produced and mass mediated forms of consumer culture that emerged in
396-432: 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 ,
528-401: 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
660-405: 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
792-406: A culture with an abacus are trained with distinctive reasoning style. Cultural lenses may also make people view the same outcome of events differently. Westerners are more motivated by their successes than their failures, while East Asians are better motivated by the avoidance of failure. Culture is important for psychologists to consider when understanding the human mental operation. The notion of
924-437: A distinct worldview that is incommensurable with the worldviews of other groups. Although more inclusive than earlier views, this approach to culture still allowed for distinctions between "civilized" and "primitive" or "tribal" cultures. In 1860, Adolf Bastian (1826–1905) argued for "the psychic unity of mankind." He proposed that a scientific comparison of all human societies would reveal that distinct worldviews consisted of
1056-474: A full picture, but it does not provide an ultimate explanation ." There are a number of international agreements and national laws relating to the protection of cultural heritage and cultural diversity . UNESCO and its partner organizations such as Blue Shield International coordinate international protection and local implementation. The Hague Convention for the Protection of Cultural Property in
1188-574: A group of people and expressed in their behavior but which does not exist as a physical object. Humanity is in a global "accelerating culture change period," driven by the expansion of international commerce, the mass media, and above all, the human population explosion, among other factors. Culture repositioning means the reconstruction of the cultural concept of a society. Cultures are internally affected by both forces encouraging change and forces resisting change. These forces are related to both social structures and natural events, and are involved in
1320-476: A historical event should not be thought of as culture unless referring to the medium of television itself, which may have been selected culturally; however, schoolchildren watching television after school with their friends to "fit in" certainly qualifies since there is no grounded reason for one's participation in this practice. In the context of cultural studies, a text includes not only written language , but also films , photographs , fashion , or hairstyles :
1452-438: A larger brain. The word is used in a general sense as the evolved ability to categorize and represent experiences with symbols and to act imaginatively and creatively. This ability arose with the evolution of behavioral modernity in humans around 50,000 years ago and is often thought to be unique to humans . However, some other species have demonstrated similar, though much less complicated, abilities for social learning. It
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#17327725517711584-847: A limited concentration scoped on the intricacies of consumerism, which belongs to a wider culture sometimes referred to as Western civilization or globalism . From the 1970s onward, Stuart Hall's pioneering work, along with that of his colleagues Paul Willis , Dick Hebdige , Tony Jefferson, and Angela McRobbie , created an international intellectual movement. As the field developed, it began to combine political economy , communication , sociology , social theory , literary theory , media theory , film/video studies , cultural anthropology , philosophy , museum studies , and art history to study cultural phenomena or cultural texts. In this field researchers often concentrate on how particular phenomena relate to matters of ideology , nationality , ethnicity , social class , and/or gender . Cultural studies
1716-406: A member of society." Alternatively, in a contemporary variant, "Culture is defined as a social domain that emphasizes the practices, discourses and material expressions, which, over time, express the continuities and discontinuities of social meaning of a life held in common. The Cambridge English Dictionary states that culture is "the way of life, especially the general customs and beliefs, of
1848-468: A modern context, meaning something similar, but no longer assuming that philosophy was man's natural perfection. His use, and that of many writers after him, " refers to all the ways in which human beings overcome their original barbarism , and through artifice, become fully human." In 1986, philosopher Edward S. Casey wrote, "The very word culture meant 'place tilled' in Middle English, and
1980-522: A new approach to culture was suggested by Rein Raud , who defines culture as the sum of resources available to human beings for making sense of their world and proposes a two-tiered approach, combining the study of texts (all reified meanings in circulation) and cultural practices (all repeatable actions that involve the production, dissemination or transmission of purposes), thus making it possible to re-link anthropological and sociological study of culture with
2112-428: A particular group of people at a particular time." Terror management theory posits that culture is a series of activities and worldviews that provide humans with the basis for perceiving themselves as "person[s] of worth within the world of meaning"—raising themselves above the merely physical aspects of existence, in order to deny the animal insignificance and death that Homo sapiens became aware of when they acquired
2244-432: A person to make sense of the culture they inhabit, "can blind us to things outsiders pick up immediately." The sociology of culture concerns culture as manifested in society . For sociologist Georg Simmel (1858–1918), culture referred to "the cultivation of individuals through the agency of external forms which have been objectified in the course of history." As such, culture in the sociological field can be defined as
2376-431: A result, there has been a recent influx of quantitative sociologists to the field. Thus, there is now a growing group of sociologists of culture who are, confusingly, not cultural sociologists. These scholars reject the abstracted postmodern aspects of cultural sociology, and instead, look for a theoretical backing in the more scientific vein of social psychology and cognitive science . The sociology of culture grew from
2508-552: 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,
2640-583: Is comparative cultural studies , based on the disciplines of comparative literature and cultural studies. Scholars in the United Kingdom and the United States developed somewhat different versions of cultural studies after the late 1970s. The British version of cultural studies had originated in the 1950s and 1960s, mainly under the influence of Richard Hoggart, E.P. Thompson , and Raymond Williams , and later that of Stuart Hall and others at
2772-437: Is a concept that encompasses the social behavior , institutions , and norms found in human societies , as well as the knowledge , beliefs , arts , laws , customs , capabilities, attitude , and habits of the individuals in these groups. Culture is often originated from or attributed to a specific region or location. Humans acquire culture through the learning processes of enculturation and socialization , which
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#17327725517712904-420: 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
3036-413: Is absent in more than 100 cultures around the world, suggesting that such mayhem is not biologically inevitable. Second, the brain itself changes in response to experiences, raising the question of whether adolescent brain characteristics are the cause of teen tumult or rather the result of lifestyle and experiences." David Moshman has also stated in regards to adolescence that brain research "is crucial for
3168-745: Is also used to denote the complex networks of practices and accumulated knowledge and ideas that are transmitted through social interaction and exist in specific human groups, or cultures, using the plural form. Raimon Panikkar identified 29 ways in which cultural change can be brought about, including growth, development, evolution, involution , renovation, reconception , reform, innovation , revivalism, revolution , mutation , progress , diffusion , osmosis , borrowing, eclecticism , syncretism , modernization, indigenization , and transformation. In this context, modernization could be viewed as adoption of Enlightenment era beliefs and practices, such as science, rationalism, industry, commerce, democracy, and
3300-459: Is as important as human rationality. Moreover, Herder proposed a collective form of Bildung : "For Herder, Bildung was the totality of experiences that provide a coherent identity, and sense of common destiny, to a people." In 1795, the Prussian linguist and philosopher Wilhelm von Humboldt (1767–1835) called for an anthropology that would synthesize Kant's and Herder's interests. During
3432-577: 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
3564-422: Is concerned with the meaning and practices of everyday life. These practices comprise the ways people do particular things (such as watching television or eating out) in a given culture. It also studies the meanings and uses people attribute to various objects and practices. Specifically, culture involves those meanings and practices held independently of reason. Watching television to view a public perspective on
3696-411: Is considered a central concept in anthropology , encompassing the range of phenomena that are transmitted through social learning in human societies . Cultural universals are found in all human societies. These include expressive forms like art , music , dance , ritual , religion , and technologies like tool usage , cooking , shelter , and clothing . The concept of material culture covers
3828-469: Is necessarily situated within the value system of a given culture. The modern term "culture" is based on a term used by the ancient Roman orator Cicero in his Tusculanae Disputationes , where he wrote of a cultivation of the soul or "cultura animi", using an agricultural metaphor for the development of a philosophical soul, understood teleologically as the highest possible ideal for human development. Samuel Pufendorf took over this metaphor in
3960-520: Is organized into four fields, each of which plays an important role in research on culture: biological anthropology , linguistic anthropology , cultural anthropology , and in the United States and Canada, archaeology . The term Kulturbrille , or "culture glasses," coined by German American anthropologist Franz Boas , refers to the "lenses" through which a person sees their own culture. Martin Lindstrom asserts that Kulturbrille , which allow
4092-461: 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
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4224-437: Is shown by the diversity of cultures across societies. A cultural norm codifies acceptable conduct in society; it serves as a guideline for behavior, dress, language, and demeanor in a situation, which serves as a template for expectations in a social group. Accepting only a monoculture in a social group can bear risks, just as a single species can wither in the face of environmental change, for lack of functional responses to
4356-527: Is the physical evidence of a culture in the objects and architecture they make or have made. The term tends to be relevant only in archeological and anthropological studies, but it specifically means all material evidence which can be attributed to culture, past or present. Cultural sociology first emerged in Weimar Germany (1918–1933), where sociologists such as Alfred Weber used the term Kultursoziologie ('cultural sociology'). Cultural sociology
4488-477: 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)
4620-594: 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
4752-582: 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
4884-708: 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
5016-623: 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
5148-709: The Mishnah and the Talmud . A similar use of responsa (here called fatwā ) is found in Islam . Roman law Roman law is the legal system of ancient Rome , including the legal developments spanning over a thousand years of jurisprudence , from the Twelve Tables ( c. 449 BC ), to the Corpus Juris Civilis (AD 529) ordered by Eastern Roman emperor Justinian I . Roman law forms
5280-602: The Native Americans who were being conquered by Europeans from the 16th centuries on were living in a state of nature; this opposition was expressed through the contrast between "civilized" and "uncivilized." According to this way of thinking, one could classify some countries and nations as more civilized than others and some people as more cultured than others. This contrast led to Herbert Spencer 's theory of Social Darwinism and Lewis Henry Morgan 's theory of cultural evolution . Just as some critics have argued that
5412-417: 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
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5544-787: The Romantic movement was an interest in folklore , which led to identifying a "culture" among non-elites. This distinction is often characterized as that between high culture , namely that of the ruling social group , and low culture . In other words, the idea of "culture" that developed in Europe during the 18th and early 19th centuries reflected inequalities within European societies. Matthew Arnold contrasted "culture" with anarchy ; other Europeans, following philosophers Thomas Hobbes and Jean-Jacques Rousseau , contrasted "culture" with "the state of nature." According to Hobbes and Rousseau,
5676-547: The Romantic era , scholars in Germany , especially those concerned with nationalist movements—such as the nationalist struggle to create a "Germany" out of diverse principalities, and the nationalist struggles by ethnic minorities against the Austro-Hungarian Empire —developed a more inclusive notion of culture as " worldview " ( Weltanschauung ). According to this school of thought, each ethnic group has
5808-528: The commentaries ( meforshim )—devoted to the exegesis of the Hebrew Bible , the Mishnah , the Talmud —and from the codes of law which delineate the rules for ordinary incidents of life. The responsa literature covers a period of 1,700 years—the mode, style, and subject matter have changed as a function of the travels of the Jewish people and of the development of other halakhic literature, particularly
5940-552: 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,
6072-467: 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
6204-485: The history of Judaism have been introduced into the responsa. Responsa thus contain valuable information about the culture of the Jews and the people among whom they lived. Information may also be gleaned about the moral and social relations of the times, occupations, the household, customs , expressions of joy and of sorrow, and recreations, and even games. Older responsa are also important for readings and emendations of
6336-470: 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
6468-471: 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
6600-431: The 20th century. Some schools of philosophy, such as Marxism and critical theory , have argued that culture is often used politically as a tool of the elites to manipulate the proletariat and create a false consciousness . Such perspectives are common in the discipline of cultural studies . In the wider social sciences , the theoretical perspective of cultural materialism holds that human symbolic culture arises from
6732-423: 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
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#17327725517716864-928: 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 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
6996-588: The Centre for Contemporary Cultural Studies at the University of Birmingham . This included overtly political, left-wing views, and criticisms of popular culture as "capitalist" mass culture ; it absorbed some of the ideas of the Frankfurt School critique of the " culture industry " (i.e. mass culture). This emerges in the writings of early British cultural-studies scholars and their influences: see
7128-664: The Event of Armed Conflict and the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions deal with the protection of culture. Article 27 of the Universal Declaration of Human Rights deals with cultural heritage in two ways: it gives people the right to participate in cultural life on the one hand and the right to the protection of their contributions to cultural life on
7260-506: 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
7392-596: 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
7524-482: The Holy See. In rabbinic literature , the responsa are known as She'elot u-Teshuvot ( Hebrew : שאלות ותשובות "questions and answers"), and comprise the body of written decisions and rulings given by poskim ("deciders of Jewish law"). A modern term, used mainly for questions on the internet , is " Ask the rabbi ". Judaism's responsa constitute a special class of rabbinic literature , to be distinguished from
7656-831: 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
7788-569: 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
7920-460: 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
8052-405: 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
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#17327725517718184-556: 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
8316-478: 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
8448-813: The U.S. feminist movement involved new practices that produced a shift in gender relations, altering both gender and economic structures. Environmental conditions may also enter as factors. For example, after tropical forests returned at the end of the last ice age , plants suitable for domestication were available, leading to the invention of agriculture , which in turn brought about many cultural innovations and shifts in social dynamics. Cultures are externally affected via contact between societies, which may also produce—or inhibit—social shifts and changes in cultural practices. War or competition over resources may impact technological development or social dynamics. Additionally, cultural ideas may transfer from one society to another, through diffusion or acculturation. In diffusion ,
8580-482: The United States. In the 19th century, humanists such as English poet and essayist Matthew Arnold (1822–1888) used the word "culture" to refer to an ideal of individual human refinement, of "the best that has been thought and said in the world." This concept of culture is also comparable to the German concept of bildung : "...culture being a pursuit of our total perfection by means of getting to know, on all
8712-649: 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
8844-581: The anxious, unstable, and rebellious adolescent has been criticized by experts, such as Robert Epstein , who state that an undeveloped brain is not the main cause of teenagers' turmoils. Some have criticized this understanding of adolescence, classifying it as a relatively recent phenomenon in human history created by modern society, and have been highly critical of what they view as the infantilization of young adults in American society. According to Robert Epstein and Jennifer, "American-style teen turmoil
8976-556: 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 the dissolution of the Western Roman Empire , the Roman law remained in effect in the Eastern Roman Empire . From
9108-427: 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
9240-658: The change. Thus in military culture, valor is counted a typical behavior for an individual and duty, honor, and loyalty to the social group are counted as virtues or functional responses in the continuum of conflict . In the practice of religion, analogous attributes can be identified in a social group. Cultural change , or repositioning, is the reconstruction of a cultural concept of a society. Cultures are internally affected by both forces encouraging change and forces resisting change. Cultures are externally affected via contact between societies. Organizations like UNESCO attempt to preserve culture and cultural heritage. Culture
9372-419: 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
9504-599: The codes. Responsa play a particularly important role in Jewish law . The questions forwarded are usually practical, and often concerned with new contingencies for which no provision has been made in the codes of law , and the responsa thus supplement the codes. They, therefore, function as a source of law, in a manner similar to legal precedent , in that they are consulted by later decisors ( poskim ) in their rulings; they are also, in turn, incorporated into subsequent codes . In addition to requests for halakhic rulings, many of
9636-490: The concept of bildung : "Enlightenment is man's emergence from his self-incurred immaturity." He argued that this immaturity comes not from a lack of understanding, but from a lack of courage to think independently. Against this intellectual cowardice, Kant urged: " Sapere Aude " ("Dare to be wise!"). In reaction to Kant, German scholars such as Johann Gottfried Herder (1744–1803) argued that human creativity, which necessarily takes unpredictable and highly diverse forms,
9768-788: 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
9900-430: 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
10032-432: 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
10164-434: The distinction between high and low cultures is an expression of the conflict between European elites and non-elites, other critics have argued that the distinction between civilized and uncivilized people is an expression of the conflict between European colonial powers and their colonial subjects. Other 19th-century critics, following Rousseau, have accepted this differentiation between higher and lower culture, but have seen
10296-613: 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
10428-485: 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 ,
10560-401: 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
10692-411: The event of war and armed conflict. According to Karl von Habsburg , President of Blue Shield International, the destruction of cultural assets is also part of psychological warfare. The target of the attack is the identity of the opponent, which is why symbolic cultural assets become a main target. It is also intended to affect the particularly sensitive cultural memory, the growing cultural diversity and
10824-488: 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
10956-541: The field, distance themselves from this view. They criticize the Marxist assumption of a single, dominant meaning, shared by all, for any cultural product. The non-Marxist approaches suggest that different ways of consuming cultural artifacts affect the meaning of the product. This view comes through in the book Doing Cultural Studies: The Story of the Sony Walkman (by Paul du Gay et al. ), which seeks to challenge
11088-811: The force of law as per canon 16 §2 of the 1983 Code of Canon Law . Other responsa cannot have this binding force, but nevertheless possess a high authority. Some responsa are given in Notitiae , the official journal of the Congregation for Divine Worship and the Discipline of the Sacraments (CDW). The responsa given in Notitiae are, according to the CDW, to be considered only as private responses unless they are published in official legal records of
11220-488: The form of something (though not necessarily its meaning) moves from one culture to another. For example, Western restaurant chains and culinary brands sparked curiosity and fascination to the Chinese as China opened its economy to international trade in the late 20th-century. "Stimulus diffusion" (the sharing of ideas) refers to an element of one culture leading to an invention or propagation in another. "Direct borrowing", on
11352-415: The globe during the process of colonization . Related processes on an individual level include assimilation (adoption of a different culture by an individual) and transculturation . The transnational flow of culture has played a major role in merging different cultures and sharing thoughts, ideas, and beliefs. Immanuel Kant (1724–1804) formulated an individualist definition of "enlightenment" similar to
11484-487: The highly stratified capitalist systems of the West . In 1870 the anthropologist Edward Tylor (1832–1917) applied these ideas of higher versus lower culture to propose a theory of the evolution of religion . According to this theory, religion evolves from more polytheistic to more monotheistic forms. In the process, he redefined culture as a diverse set of activities characteristic of all human societies. This view paved
11616-415: The individual has been the degree to which they have cultivated a particular level of sophistication in the arts , sciences, education , or manners. The level of cultural sophistication has also sometimes been used to distinguish civilizations from less complex societies. Such hierarchical perspectives on culture are also found in class-based distinctions between a high culture of the social elite and
11748-414: The intersection between sociology (as shaped by early theorists like Marx , Durkheim , and Weber ) with the growing discipline of anthropology , wherein researchers pioneered ethnographic strategies for describing and analyzing a variety of cultures around the world. Part of the legacy of the early development of the field lingers in the methods (much of cultural, sociological research is qualitative), in
11880-410: 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
12012-431: The liberatory aspects of fandom . The distinction between American and British strands, however, has faded. Some researchers, especially in early British cultural studies, apply a Marxist model to the field. This strain of thinking has some influence from the Frankfurt School , but especially from the structuralist Marxism of Louis Althusser and others. The main focus of an orthodox Marxist approach concentrates on
12144-478: 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
12276-416: The material conditions of human life, as humans create the conditions for physical survival, and that the basis of culture is found in evolved biological dispositions. When used as a count noun , a "culture" is the set of customs, traditions , and values of a society or community, such as an ethnic group or nation. Culture is the set of knowledge acquired over time. In this sense, multiculturalism values
12408-407: The matters which most concern us, the best which has been thought and said in the world." In practice, culture referred to an elite ideal and was associated with such activities as art , classical music , and haute cuisine . As these forms were associated with urban life, "culture" was identified with "civilization" (from Latin: civitas , lit. 'city'). Another facet of
12540-422: The notion of progress. Rein Raud , building on the work of Umberto Eco , Pierre Bourdieu and Jeffrey C. Alexander , has proposed a model of cultural change based on claims and bids, which are judged by their cognitive adequacy and endorsed or not endorsed by the symbolic authority of the cultural community in question. Cultural invention has come to mean any innovation that is new and found to be useful to
12672-538: The notion that those who produce commodities control the meanings that people attribute to them. Feminist cultural analyst, theorist, and art historian Griselda Pollock contributed to cultural studies from viewpoints of art history and psychoanalysis . The writer Julia Kristeva is among influential voices at the turn of the century, contributing to cultural studies from the field of art and psychoanalytical French feminism . Petrakis and Kostis (2013) divide cultural background variables into two main groups: In 2016,
12804-450: 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
12936-549: The organization of production. In the United Kingdom, cultural studies focuses largely on the study of popular culture ; that is, on the social meanings of mass-produced consumer and leisure goods. Richard Hoggart coined the term in 1964 when he founded the Birmingham Centre for Contemporary Cultural Studies or CCCS. It has since become strongly associated with Stuart Hall , who succeeded Hoggart as Director. Cultural studies in this sense, then, can be viewed as
13068-539: The other hand, tends to refer to technological or tangible diffusion from one culture to another. Diffusion of innovations theory presents a research-based model of why and when individuals and cultures adopt new ideas, practices, and products. Acculturation has different meanings. Still, in this context, it refers to the replacement of traits of one culture with another, such as what happened to certain Native American tribes and many indigenous peoples across
13200-405: The other. In the 21st century, the protection of culture has been the focus of increasing activity by national and international organizations. The UN and UNESCO promote cultural preservation and cultural diversity through declarations and legally-binding conventions or treaties. The aim is not to protect a person's property, but rather to preserve the cultural heritage of humanity, especially in
13332-439: The peaceful coexistence and mutual respect between different cultures inhabiting the same planet. Sometimes "culture" is also used to describe specific practices within a subgroup of a society, a subculture (e.g. " bro culture "), or a counterculture . Within cultural anthropology , the ideology and analytical stance of cultural relativism hold that cultures cannot easily be objectively ranked or evaluated because any evaluation
13464-422: The perpetuation of cultural ideas and practices within current structures , which themselves are subject to change. Social conflict and the development of technologies can produce changes within a society by altering social dynamics and promoting new cultural models , and spurring or enabling generative action. These social shifts may accompany ideological shifts and other types of cultural change. For example,
13596-446: The physical expressions of culture, such as technology, architecture and art, whereas the immaterial aspects of culture such as principles of social organization (including practices of political organization and social institutions ), mythology , philosophy , literature (both written and oral ), and science comprise the intangible cultural heritage of a society. In the humanities , one sense of culture as an attribute of
13728-437: 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
13860-439: The production of meaning . This model assumes a mass production of culture and identifies power as residing with those producing cultural artifacts . In a Marxist view, the mode and relations of production form the economic base of society, which constantly interacts and influences superstructures , such as culture. Other approaches to cultural studies, such as feminist cultural studies and later American developments of
13992-529: The questions addressed were theoretical in character, particularly among the earlier responsa. The responsa thus contain rulings on ethics , business ethics , the philosophy of religion , astronomy , mathematics , history , geography , as well as interpretations of passages in the Bible , the Mishnah , the Talmud , and the Midrash . Thus, while early Jewish literature has few historical works, many notes on
14124-495: The refinement and sophistication of high culture as corrupting and unnatural developments that obscure and distort people's essential nature. These critics considered folk music (as produced by "the folk," i.e., rural, illiterate, peasants) to honestly express a natural way of life, while classical music seemed superficial and decadent. Equally, this view often portrayed indigenous peoples as " noble savages " living authentic and unblemished lives, uncomplicated and uncorrupted by
14256-524: 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
14388-440: 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;
14520-418: The same basic elements. According to Bastian, all human societies share a set of "elementary ideas" ( Elementargedanken ); different cultures, or different "folk ideas" ( Völkergedanken ), are local modifications of the elementary ideas. This view paved the way for the modern understanding of culture. Franz Boas (1858–1942) was trained in this tradition, and he brought it with him when he left Germany for
14652-449: The same word goes back to Latin colere , 'to inhabit, care for, till, worship' and cultus , 'A cult, especially a religious one.' To be cultural, to have a culture, is to inhabit a place sufficiently intensely to cultivate it—to be responsible for it, to respond to it, to attend to it caringly." Culture described by Richard Velkley : ... originally meant the cultivation of the soul or mind, acquires most of its later modern meaning in
14784-512: 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
14916-448: 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
15048-435: The texts of cultural studies comprise all the meaningful artifacts of culture. Similarly, the discipline widens the concept of culture. Culture, for a cultural-studies researcher, not only includes traditional high culture (the culture of ruling social groups ) and popular culture , but also everyday meanings and practices. The last two, in fact, have become the main focus of cultural studies. A further and recent approach
15180-771: The theories (a variety of critical approaches to sociology are central to current research communities), and in the substantive focus of the field. For instance, relationships between popular culture , political control, and social class were early and lasting concerns in the field. In the United Kingdom, sociologists and other scholars influenced by Marxism such as Stuart Hall (1932–2014) and Raymond Williams (1921–1988) developed cultural studies . Following nineteenth-century Romantics, they identified culture with consumption goods and leisure activities (such as art, music, film, food , sports, and clothing). They saw patterns of consumption and leisure as determined by relations of production , which led them to focus on class relations and
15312-807: 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
15444-560: The tradition of textual theory. Starting in the 1990s, psychological research on culture influence began to grow and challenge the universality assumed in general psychology. Culture psychologists began to try to explore the relationship between emotions and culture , and answer whether the human mind is independent from culture. For example, people from collectivistic cultures, such as the Japanese, suppress their positive emotions more than their American counterparts. Culture may affect
15576-435: The way for the modern understanding of religion. Although anthropologists worldwide refer to Tylor's definition of culture, in the 20th century "culture" emerged as the central and unifying concept of American anthropology , where it most commonly refers to the universal human capacity to classify and encode human experiences symbolically , and to communicate symbolically encoded experiences socially. American anthropology
15708-572: The way that people experience and express emotions. On the other hand, some researchers try to look for differences between people's personalities across cultures . As different cultures dictate distinctive norms , culture shock is also studied to understand how people react when they are confronted with other cultures. LGBT culture is displayed with significantly different levels of tolerance within different cultures and nations. Cognitive tools may not be accessible or they may function differently cross culture. For example, people who are raised in
15840-412: The ways of thinking, the ways of acting, and the material objects that together shape a people's way of life. Culture can be either of two types, non-material culture or material culture . Non-material culture refers to the non-physical ideas that individuals have about their culture, including values, belief systems, rules, norms, morals, language, organizations, and institutions, while material culture
15972-465: The work of (for example) Raymond Williams, Stuart Hall, Paul Willis, and Paul Gilroy . In the United States, Lindlof and Taylor write, "cultural studies [were] grounded in a pragmatic, liberal-pluralist tradition." The American version of cultural studies initially concerned itself more with understanding the subjective and appropriative side of audience reactions to, and uses of, mass culture ; for example, American cultural-studies advocates wrote about
16104-457: 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
16236-471: The writings of the 18th-century German thinkers, who were on various levels developing Rousseau 's criticism of " modern liberalism and Enlightenment ." Thus a contrast between "culture" and " civilization " is usually implied in these authors, even when not expressed as such. In the words of anthropologist E.B. Tylor , it is "that complex whole which includes knowledge, belief, art, morals, law, custom and any other capabilities and habits acquired by man as
16368-423: 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
16500-661: Was a systematic treatise on civil and praetorian law, consisting of responsa on real and hypothetical cases, cited by many later Roman legal writers. In the Catholic Church , responsa are answers of the competent executive authority to specific questions (in Latin, dubia , literally "doubts") sent by Catholic bishops to the Holy See . Responsa given by the Pontifical Council for Legislative Texts which are promulgated as authentic interpretation have
16632-507: Was also influenced by 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
16764-598: 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
16896-517: 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. Culture Culture ( / ˈ k ʌ l tʃ ər / KUL -chər )
17028-464: 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
17160-510: 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
17292-426: 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
17424-616: Was then reinvented in the English-speaking world as a product of the cultural turn of the 1960s, which ushered in structuralist and postmodern approaches to social science. This type of cultural sociology may be loosely regarded as an approach incorporating cultural analysis and critical theory . Cultural sociologists tend to reject scientific methods, instead hermeneutically focusing on words, artifacts and symbols. Culture has since become an important concept across many branches of sociology, including resolutely scientific fields like social stratification and social network analysis . As
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