Abolizionismo 1.1: Unterschied zwischen den Versionen

Abolizionismo 1.1 (Quelltext anzeigen)

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→‎Abolitio nel diritto romano

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 Semantic and conceptual sources of abolitionism can be found in the institution of abolitio (from abolire, aboleō abolēs, abolet) in Roman Law.
-The abolitio freed accused people before the verdict, it simply stopped the prosecution. In this sense, it was a liberating institution.
+The abolitio freed accused people before the verdict, it simply stopped the prosecution. In this sense, it was a liberating institution. There were three three types of abolitions: ex lege, privata, publica.
-There were three three types of abolitions: ex lege, privata, publica.
+The interesting thing about this liberating institution is its use for purposes of more effective political domination. This was especially true for the most important variety of abolitions, the abolitio publica.
-Earlier scholars (Theodor Mommsen) seem to have underestimated the social and political relevance of this institution in Roman times.
+While earlier scholars (Theodor Mommsen) seem to have underestimated the social and political relevance of this institution in Roman times, recent re-assessments revealed the important role that ''abolitiones'' played with regard to:
-Recent re-assessments revealed the important role that ''abolitiones'' played. Especially the '''abolitio publica''' fulfilled a double function:
 #relieving the criminal justice system of the burden of unresolved cases
 #creating thankfulness to the Emperor for his clemency (=legitimacy) in contrast to the terrifying criminal law (= executive clemency vs. terrorizing courts).
-Therefore, ''abolitiones'' publicae were quite an effective means of legitimizing the respective rulers.
+Public abolitions, therefore, were quite an effective means of legitimizing the respective rulers, and an essential element of political maneuvering.
+Small wonder that even after the fall of the Roman Empire, rulers held on to their privilege of extending clemency to accused and to sentenced subjects.
-Small wonder that even after the fall of the Roman Empire, rulers held on to their privilege of extending clemency to accused and to sentenced subjects. The right to stop a court proceeding before a sentence was reached was called the (rulers') "right of abolition" (Abolitionsrecht). An example was the abolition granted to the sculptor Benvenuto Cellini by pope Paul III (in 1534).
+The right to stop a court proceeding before a sentence was reached was called the (rulers') "right of abolition" (Abolitionsrecht). An example was the abolition granted to the sculptor Benvenuto Cellini by pope Paul III (in 1534).
 The right of abolition only began to vanish with the end of the era of absolute monarchies in Europe (1648-1789).