Overall, though, I believe that Stein is the closest scholar here-mentioned to have accounted for the explanation behind these controversies. The main mistake made by many modern scholars lies in the planning and the research – too much effort is spent on seeking to explain this opposition between the Proculians and the Sabinians in terms of two internally coherent law schools which differ entirely and have held controversies stemming from a specific occurrence. I have personally, as a student of the Roman law, found it difficult in reading the sources and differing theories from scholars to do just this – because, as Scarano Ussani stated, nowhere, in the mass of research that has been done, have any definitive results been reached. As afore-mentioned, I ruled out the political explanation for the purpose of answering this question, and the social explanation does not add a great deal to the debate for me. The theories supporting the social standpoint as addressed in this essay are among the worst for choosing to ignore many of the hard facts in order to make their theory fit better. This leaves only the philosophical and methodological explanations. The philosophical explanation is a reasonably sound one, although as explored above, I do believe that its significance has been largely exaggerated. There is no doubt over the fact that philosophy has played an influential role - even if you only look at Gaius’ ius gentium which contains a certain level of Stoic influence, but as mentioned above there are major differences which have been overlooked slightly in those arguments. The methodological explanation is another seemingly logical one, and the most reliable of all theorems explored in this essay, in my opinion, as it i...
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...for success, he robs his audience of the right to make certain determinations about characters such as Tarquin Superbus and Romulus because of his bias toward the motivation behind their actions. Livy’s The Rise of Rome was a grand effort and an amazing undertaking. Cataloguing the years of Roman history consolidated rumor and legend into fact, creating a model for Rome to follow. Livy’s only error in this vast undertaking was in imprinting his own conception of morality and justice onto his work, an error that pulls the reader away from active thought and engaging debate. In doing so, Livy may have helped solidify a better Rome, but it would have been a Rome with less of a conception of why certain things are just, and more of a flat, basely concluded concept of justice.
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Forensic evidence can provide just outcomes in criminal matters. However, it is not yet an exact science as it can be flawed. It can be misrepresented through the reliability of the evidence, through nonstandard guidelines, and through public perception. Forensic science can be dangerously faulty without focus on the ‘science’ aspect. It can at times be just matching patterns based on an individual’s interpretations. This can lead to a miscarriage of justice and forever alter a person’s life due to a perceived “grey area” (Merritt C, 2010) resulting in a loss of confidence in the reliability of forensic evidence.
Stoic doctrine, reflecting no doubt in the Greek period the hellenization of much of the world by Alexander the Great, and in the Roman period the imperial integration of diverse cultures, broke open the enclosed community of the polis and upheld the individual as an independent moral agent. The master concept making this development possible, was that of reason yoked to nature. The stoic ideal of living agreeably’ to nature had an external and an internal aspect from the point of view of the individual. It sup...
Tam Cicero rogat Catilinam fundatus quid de Catilina auderit ac usitatus pecuniaris accidentis et insequenturus acturus est statuturum iri hoc:
The topic I find such fascinating is Forensic Science and how forensic science has significantly changed over the years. “The area of forensic science has grown considerably over the last 150 years and more so since the mid 1980’s.” (Lyman, 2016) Forensic science has gone from taking basic information, and fingerprints to DNA and blood splatter. During a crime scene investigation evidence is collected, analyzed in a crime laboratory and then if needed are presented to the court. However, today the crime laboratory is becoming mobile and can go to the scene to analyze the evidence. Each crime scene and investigation is unique and distinctive, with the help of forensics it can help solve a case.
The Roman Empire law grew immensely from several sources over a thousand-year period. “…sources were divided into unwritten law (ius non scriptum) and written law (ius scriptum).”1 The unwritten law were customs that the Ancient Romans adapted, however they were accepted as written laws in many places. Certain customs ranged from public games, religious festivals, paternal power and rituals and celebrations for the birth of new
Cary, M and H. H Scullard. A history of Rome down to the reign of Constantine. New York: St. Martin's Press, 1975.