„Extra locos sepulturae“ – Review about finds of newborns inside Roman settlements in present-day Switzerland

Finds of remains of newborns inside Roman settlements are a widespread phenomenon in the Imperium Romanum, including presentday Switzerland. Since the publication of the last review article (Berger 1993) numerous new finds have been made. Therefore it seems important to summarize archaeological and anthropological parameters again, and to re-assess them collectively. During a literature review a total of 262 cases were collected. Similarities as well as differences in the funerary practices become evident. A combination of inhumation, single deposit/grave, and absence of grave goods is the least common denominator in the funerary treatment of individuals who died around the time of birth. However, methods of classical physical anthropology are limited. Histological and biochemical methods are promising and may allow further statements in the future, e.g. with regard to the differentiation between live and still births. In order to evaluate possible correlations between archaeological and anthropological parameters, findings from settlements and cemeteries that are documented in situ as well as a sustainable theoretical framework are required.

“Delendum est Imperium Ottomanorum“: War Crimes, Crimes against Humanity and the End of the Ottoman Empire

The Ottoman Empire’s status as a full member of the international community of civilized states, which was bound by the rules of international law, had been challenged again and again during the formative period of the international law in the late nineteenth and early twentieth century. When the First World War began, it was the first global military conflict, in which these rules of international law were put to the test. In the case of the Ottoman Empire quite a few questions were not yet settled, not least because the country was still bound by unequal treaties and because it had never ratified the renewed Hague Rules of Land Warfare of 1907, which it had only signed under reservations. Against this background the contribution will therefore focus on the debate amongst legal scholars on violations of the laws of war (and humanity) in regard to the Ottoman Empire during the First World War.

Unfair Advantage: An Intriguing Example of Legal Transformation in the Swiss Private Law

This paper demonstrates a mixed approach to the theme of the instrumentality of law by both analysing the goal of a legal transformation and the techniques adapted to achieve it. The correct recognition of a certain practical necessity has lead the Swiss Federal Tribunal to an intriguing judgement “Fussballclub Lohn-Fall” of 1997. The legal remedies provided for cases of unfair advantage have been then creatively modified praeter legem. The adaptation was strongly influenced by foreign legal patterns. The Swiss Code of Obligations of 1911 provides a norm in art. 21 on unfair advantage (unconscionable contract), prescribing that if one party takes unjustified advantage over the weaknesses of another in order to receive an excessive benefit, such a contract is avoidable. Its wording has been shaped over a hundred years ago and still remains intact. However, over the course of the 20th century the necessity for a more efficient protection has arisen. The legal doctrine and jurisprudence were constantly pointing out the incompleteness of the remedies provided by art. 21 of the Code of Obligations. In the “Fussballclub Lohn-Fall” (BGE 123 III 292) the Swiss Federal Tribunal finally introduced the possibility to modify the contract. Its decision has been described as “a sign of the zeitgeist, spirit of the time”. It was the Swiss legal doctrine that has imposed the new measure under the influence of the German “quantitative Teilnichtigkeit” (quantitative partial nullity). The historical heritage of the Roman laesio enormis has also played its role.

Venus Shooting an Arrow Through an Opening of the Tower: detail, from Le Roman de la Rose

Manuscript, French, 15C; tempera, gold leaf, and ink on parchment bound between pasteboard

Venus Shooting an Arrow Through an Opening of the Tower, from Le Roman de la Rose

Manuscript, French, 15C; 1 ft. 2 29/64 in.x 10 15/64 in.; tempera, gold leaf, and ink on parchment bound between pasteboard

Studies in Roman history : 1st series /

Includes the author's "Christianity and the Roman government," with six additional essays. cf. Pref.

Dr. Goldsmith's Roman history, abridged by himself, for the use of schools.

Engraved frontispiece and plates.

Marcus Aurelius; a biography told as much as may be by letters, together with some account of the Stoic religion and an exposition of the Roman government's attempt to suppress Christianity during Marcus's reign,

Bibliography: p. [273]-278.

The archpriest controversy. Documents relating to the dissensions of the Roman Catholic clergy, 1597-1602.

Vol. 2 has imprint: London [etc.] Longmans, Green, and co., 1898.

Treason and trial : consuetudines and law in the romances of Chrétien de Troyes and the lais of Marie de France

Treason, in the romances of Chrdtien de Troyes and the lais of Marie de France, is explored more often as afin' amor problem than as a legal issue with its concomitant sociopolitical ramifications. It is precisely the historical function of literature within the ambit of court culture that appears to have shaped the legal context of the poems of Chrdtien de Troyes and the lais of Marie de France. Counterpoising the literary treatment of treason in Le Chevalier au Lion and Lanval with actions and definitions of treachery by contemporary, twelfth-century chronicle and customary law sources reveals that the conceptualized, fictional world of Chrdtien's Yvain closely reflects the workings of the Capetian society Chretien experienced. Marie's Lanval reflects as well the historical impressions of the Angevin court with which she had familiarity, a court whose concept of treason leaned more toward the maiestas concept found in Roman jurisprudence tradition.

CIL II(2).5, 1022 – Lex Ursonensis, bronze tablets with municipal law on the foundation of Colonia Iulia Genetiva at Urso

Photograph and translation