The Code of Justinian (Codex Justinianus)

The Code of Justinian (in Latin, Codex Justinianus) is a substantial collection of laws compiled under the sponsorship of Justinian I, ruler of the Byzantine Empire. Although the laws passed during Justinians reign would be included, the Codex was not a completely new legal code, but an aggregation of existing laws, portions of the historic opinions of great Roman legal experts, and an outline of law in general. Work began on the Code shortly after Justinian took the throne in 527. While much of it was completed by the mid-530s, because the Code included new laws, parts of it were regularly revised to include those new laws, up until 565. There were four books that comprised the Code: Codex Constitutionum, the Digesta, the Institutiones and the Novellae Constitutiones Post Codicem. The Codex Constitutionum The Codex Constitutionum was the first book to be compiled. In the first few months of Justinians reign, he appointed a commission of ten jurists to review all the laws, rulings and decrees issued by the emperors. They reconciled contradictions, weeded out obsolete laws, and adapted archaic laws to their contemporary circumstances. In 529 the results of their efforts were published in 10 volumes and disseminated throughout the empire. All imperial laws not contained in the Codex Constitutionum were repealed. In 534 a revised codex was issued that incorporated the legislation Justinian had passed in the first seven years of his reign. This Codex Repetitae Praelectionis was comprised of 12 volumes. The  Digesta The Digesta (also known as the Pandectae) was begun in 530 under the direction of Tribonian, an esteemed jurist appointed by the emperor. Tribonian created a commission of 16 attorneys who combed through the writings of every recognized legal expert in imperial history. They culled whatever they though was of legal value and selected one extract (and occasionally two) on each legal point. They then combined them into an immense collection of 50 volumes, subdivided into segments according to subject. The resulting work was published in 533. Any juridical statement that wasnt included in the Digesta was not considered binding, and in future it would no longer be a valid basis for legal citation. The  Institutiones When Tribonian (along with his commission) had finished the Digesta, he turned his attention to the Institutiones. Pulled together and published in about a year, the Institutiones was a basic textbook for beginning law students. It was based on earlier texts, including some by the great Roman jurist Gaius, and provided a general outline of legal institutions. The  Novellae Constitutiones Post Codicem After the revised Codex was published in 534, the last publication, the Novellae Constitutiones Post Codicem was issued. Known simply as the Novels in English, this publication was a collection of the new laws the emperor had issued himself. It was reissued regularly until Justinians death. With the exception of the Novels, which were almost all written in Greek, the Code of Justinian was published in Latin. The Novels also had Latin translations for the western provinces of the empire. The Code of Justinian would be highly influential through much of the Middle Ages, not only with the Emperors of Eastern Rome, but with the rest of Europe.   Resources and Further Reading Grapel, William.  The Institutes of Justinian: with the Novel as to Successions. Lawbook Exchange, Ltd., 2010.Mears, T. Lambert, et al.  Analysis of M. Ortolans Institutes of Justinian, Including the History and Generalization of Roman Law. Lawbook Exchange, 2008.

Modernism Vs. Modernist Modernism - 1185 Words

In the past five weeks, we have covered a great deal of material in this course. I remember my first day coming to class, I had to check my schedule multiple times to ensure that I was in the correct place. After spending hours of my morning in back-to-back philosophy courses, medieval and 20th-century, I was convinced that I had somehow walked into another philosophy class rather than English. However, as it turns out, I was in the right place. It also turns out that I did know very much about modernism or literary modernism. I soon discovered that modernist literature is greatly rooted in the philosophical movement of modernism that took place in the late nineteenth and early twentieth centuries. This was a movement that centered on the heightened awareness of the self. The atrocities and shock factors of World War I greatly contributed to the development of modernist thought. There began a significant focus on the self-conscious. For example, the stream of consciousness novel beca me a frequently used form of literature. In fact, James Joyce had a stream of consciousness tendency. Also, noteworthy thinkers such as Karl Marx and Sigmeud Freud played important roles in this time. Therefore, we discussed some of their more important works in class. For instance, you cannot study Marx thought without mentioning The Communist Manifesto. Similarly, Freud cannot be mentioned without his Outline of Psychoanalysis. Marx and Freud, after World War I, began to question theShow MoreRelatedModernist Modernism : High Modernism Vs. Low Modernism1944 Words   |  8 Pages Modern or Modernist? High Modernism vs. Low Modernism Damian Sun 1238719 University of Waikato â€Æ' Modernism was a movement that was developed during the late nineteenth century and early twentieth century. Modernism developed due to the changes happening in societies at the time. Around the late nineteenth century and early twentieth century there was a rise in the industrial society’s where there were advancements in technologies and machines, and a rapid growths in cities. This lead to aRead MoreModernism Vs. Modernist Modernism1335 Words   |  6 Pagesright place. It also turns out that I did know very much about modernism or literary modernism. I soon discovered that modernist literature is greatly rooted in the philosophical movement of modernism that took place in the late nineteenth and early twentieth centuries. This was a movement that centered on the heightened awareness of the self. The atrocities and shock factors of World War I greatly contributed to the development of modernist thought. There began a significant focus on the self-consciousRead MorePost Modernism vs. Modernism870 Words   |  4 PagesModernism vs. Post Modernism The ideas of modernism and post modernism are fundamentally different. 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Ways in which Roman Catholics defended their faith against the Protestant Reformation free essay sample

As a result of the vast expansion of Protestantism and quickly decreasing numbers in Roman Catholics, the Counter Reformation was initiated by the Roman Catholic Church in order to reconcile the Catholics and Protestants into one faith. The Roman Catholics attempted to achieve this goal through several methods, addressing the abuses of the Church by accepting its mistakes and attempting to fix them; they established the Council of Trent to help them with reforming the Church. They also reaffirmed the Catholic beliefs, and attempted to check the growth of Protestantism with the use of the Roman Inquisition. A key component of the reformation of the Roman Catholic Church included The Council of Trent which implemented many duties contributing to the purposes that it had existed for. The Council addressed the mistakes of the Church, and attempted to fix them. The Council of Trent required the Bishops to stay in their own dioceses, suppressing pluralism and simony, as well as forbidding the sale of indulgences. We will write a custom essay sample on Ways in which Roman Catholics defended their faith against the Protestant Reformation or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Clerics who kept concubines now had to give them up. The jurisdiction of bishops over all the clergy of their dioceses was made almost absolute, and bishops were ordered to visit every church in their diocese at least once every two years. The Council required every diocese to establish a seminary for the education and training of the clergy The Council of Trent directed the curriculum that was to be taught, and insisted that preference for admission be given to sons of the poor. Seminary professors were to determine if candidates for ordination had genuine callings as determined by purity of life, separation from the secular life, and a steady inclination toward the priesthood. This was a ground-breaking idea, since from the time of the early church, parents had determined their childrens religious careers. Great emphasis was laid upon preaching and instructing the common people with an increased focus on the uneducated. In conclusion, despite the Council of Trent performing remarkable acts in reforming the corrupt ways of the Roman Catholic Church, they were not able to accomplish reconciliation with Protestantism. In addition to keeping the Roman Catholic Church in check was the reaffirmation of Catholic beliefs, in an attempt to check the growth of Protestantism to further the Counter Reformation. To acknowledge Catholic beliefs, new religious were established, which served the purpose of raising the moral and intellectual level of the clergy and people. 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The Roman Inquisition was established in Rome in 1542, both Spanish and Roman Inquisitions employed torture, and burning at the stake, yet the Roman Inquisition was considered less severe that the Spanish Inquisition. The Spanish Inquisition was active in all Spanish territories, which included the Spanish Netherlands, while the Roman Inquisition was only active in the Papal States. In conclusion, the Roman Catholic Church reaffirmed Catholic beliefs, and checked the growth of the Protestant religions. Ultimately, the Roman Catholic Church attempted to respond to the large conversion of Catholics to Protestantism. The overall response of the Roman Catholic Church was engaging with the Counter Reformation. The ultimate goal of this Counter Reformation was to reconcile the Catholics and Protestants into one faith. This goal was attempted to be achieved through several methods, including addressing the abuses of the Church by accepting its mistakes and attempting to fix them; they established the Council of Trent to help them with reforming the Church. They also reaffirmed the Catholic beliefs, and attempted to check the growth of Protestantism with the use of the Roman Inquisition. Although they did not achieve the goal of reconverting all of the Protestants back to Catholicism, some did convert back, but those who were already Catholic did not convert to Protestantism.

Antecedents and Consequences of Decline in Trade Union Density

Question: 'Trade Union Membership in Australia has Declined Significantly Since the 1980s. As a result,Unions are becoming an Irrelevant Actor in Australian Employment Relations'. Drawing on Academic Research and Commentary, Provide a Response to this statement. In framing your argument, Consider the Antecedents and Consequences of the Decline in Trade Union Membership and Trade Union Density. Answer: Introduction In reconnoitring the factors that led to the emergence and fall of industrial labour in Australia, the present paper contends that support for unions initially surfaced from a working class which was an outcome of the nations uncommon economic past. In the 20th century the incorporation of systems of mandatory arbitration, formulated to mediate industrial disputes, strengthened the support for labour unions. In the year 1948, the support for unionism was at its pinnacle. A long process of its fall started as the working cadre constituency that had supplied its social anchor fragmented due to structural transformations in the economy. The collapse of arbitration post-1986 aggravated this declining pattern, as did a rise in unwarranted employment and anti-union tactics of the employers (Docherty, 2010). The present essay reviews the literature on the fall in union density in Australia. Germane studies are critically analysed and compared, and the review brings to light the complexity o f the issue, the necessity to avoid simplistic responses, and makes recommendations regarding the areas of study that most likely augment the comprehension of the sharp decline in unionisation. Andtecedents and Consequences of Decline in Trade Union Density As per the Australian Bureau of Statistics figures of 2000, the fall in union membership in the nation, despite the attempts made by the Australian Council of Trade Unions to prevent further decline. While it is apparent that there is a reduction in union density, it is critical to evaluate the reasons behind it and what are the unions doing for combating such downward trend. In striving to handle the issue, it is significant to understand the major objectives of the union that draws members and the antecedents of the decline (Abbott, MacKinnon and Fallon, 2016). Australian unions were set up in the initial half of the 19th, with growth starting in the post gold-rush age. It is from then that the most rapid growth of the period appears to have been in the decade of the 1880s, wherein affluent economic conditions and a constricted labour market were drivers making for the development of unions. The main goal of a union is to enhance the well-being and promote the interests of its members. They were created to offset the higher financial power of the employers (Cooper et al., 2009). It has long been acknowledged that the dominance over the market by the employers could be countered by employees acting jointly and instituting organisations to negotiate on their part. The most crucial function performed by the union was to maximise the salaries and wages of its members. There are several reasons why employees might join a union. However, three factors are apparent. They are; sense the advantages of unionism surpass the likely costs; displeasure with financial aspects of their job; and an intention to impact those facets of the work environment via union means. Despite the evident benefits of the union, the membership of Australian union has declined. As emphasised by Kaufman, (2008) unionism harvested a core place in the Australian community between 1921 and mid-1950s. Even in the profundity of the Great Depression, the membership never plummeted below 42.5%. Moreover, with the recovery of the economy during World War II, it garnered unprecedented support. Times have significantly changed. Two decades ago 50% of all employees were part of the union. Currently, the rate of unionisation is only 23%. Even the public sector, which was once a mainstay of union power, has witnessed a sharp decline in the density. In the epoch of feminization, computerization and casualization, de-unionization is perhaps the most considerable change to have to strike the labour market over the years. A sign of fall in union strength is the rarity of strikes (Holland et al., 2011). The number of days lost to industrial conflicts is only one-fourth of its level during the early 1980s. To fathom the transition, Bashur and Oc, (2015) posit that it is helpful to discard two common elucidations for union decline briefly. The first is that the density decreased due to the increasing scepticism of workers toward it. In effect, attitude tends to reflect union power. When the membership increased during the 1970s, Australians were more likely to say, pollsters, that th ey believed unions had extreme strength and less likely to consent that unions had been a great thing for the country. Correspondingly, as they started waning during the 1990s, the portion of individuals who believed that unions carried too much power decreased steadily (Docherty, 2010). The second argument which is made is that de-unionization was an outcome of the fall in real wages which happened under the Accord. Yet as Leigh, (2011) points out in his study The Decline of an Institution, this statement means that unionisation must have fallen more during the 1980s (when there was a decline in real wage) than the 1990s (when there was a rise in real wages). However, the opposite is true the most drastic decline in unionisation happened during the 1990s. If not the Accord and attitudes then what led to union density witnessing the downward trend? The fall narrows down to four major factors: changes to the laws regulating unions, higher product market rivalry, growing inequality, and structural changes in the labour market. The most substantial factor in de-unionization in Australia has been transitions in the legal system regulating the unions. Hodder and Kretsos (2015) state that between 1990 and 1995, conformist governments in five out of six states brought into effect a legislation intended to prohibit mandatory unionisation, promoting individual bargaining, and introducing changes to non-award coverage easier. Paradoxically, this was similar to the process that took place in the 1920s, when a series of state Labour governments enforced law in favour of wage arbitration and mandatory unionism, resulting in an upsurge in union membership. During the later half of the 1980s, over 50% of the union members needed to be a union member as their employment condition. In the 1990s, not any longer bound to be a member, a huge proportion opted to give up their membership (Leigh, 2011). Expectedly, the unions that bore the biggest brunt were those that were highest dependent on mandatory union laws. The new la w was enforced from 1996 when the then government virtually eliminated mandatory unionism and made it challenging for the unions to hire and strike. The second most significant driver of de-unionization has been increasing competition. Driven by microeconomic reforms, revived Australian Competition and Consumer Commission and tariff cuts, the market for purchasing most goods and services are now considerably more competitive than during the 1970s. When companies have an oligopoly or monopoly situation, it is convenient for them to pay higher salaries to their workers. Prices are greater in non-competitive markets, and in economics jargon, this produces rents. The employers then share such rents with employees (Grenfell, 2017). When monopolies are split, and the marketplaces become competitive, employers have to cut costs. This puts pressure on the companies to follow powerful anti-union strategies to minimise the wage bill. The third argument for declining union diversity is the increase in earnings inequality. To comprehend how this works, it is crucial to acknowledge that unions not only aim greater wages but also for higher pay compression (Heidecker, 2013). This happens through standardised wage schedules, and claims that ask for an equal increase for every worker. Less pay distribution within an organisation also renders it easy for unions to form, as employees are likely to have mutual cause with those who get similar salaries. Economists have in general focused on the manner in which de-unionization impacts inequality (Bray, Waring and Cooper, 2011). In Australia, Jeff Borland found that 30% of the rise in earnings disparity among permanent males between 1986 and 1994 can be elucidated by falling unionisation. However, the opposite can also be true. If disparity increased (owing to globalisation, technological change, or other factors), unions are likely to find it difficult to create an effectiv e coalition between highly-paid and low-paid employees. The probability of two employees both earning $20 per hour joining the union is higher than if one make $10 and the other $30 (Koukoulas, 2015). The last factor is structural labour market changes. Throughout the developed economies, unions have an easier time hiring in the public sector, the manufacturing sector, among permanent employees and in big companies. The emergence of the service sector, casualization of the labor force, downscaling of government and the surfacing of SMEs are all transformations that disadvantage unions (Forsyth et al., 2017). To examine the impact of the above-mentioned factors, Peetz, (2012) used a method called shift-share analysis, and concluded that they were responsible for nearly 50% of the fall during 1982-92, however, do not elucidate much of the decline since then. As the drop-in unionisation has been quicker in the 1990s as compared to the 1980s, this demotes structural changes to a minor role in describing the overall drop in unionisation in the last 37 years. Evidence propose that voting by union members is being done with their feet and that other systems are emerging to replace them. The proportion of companies with mutual consultative committees grew two times between 1990 and 1995, and the number of companies with ad-hoc employer-employee committees also increased considerably. Requirements that once only unions could meet are now addressed by new organisations (Davis, 2010). The macro and microeconomic impacts of the plummeting strength of unions have been debated by policymakers and economists. Nonetheless, the empirical evidence suggests that the effect of the drop on economic aggregates and company performance is not a devastating cause of concern. However, the relationship of falling union strength with increasing earning disparity and the minimising direct communication between employees and employers is potentially more troublesome (Kelty, 2011). For the period of 1995-2010, the coefficient estimate for the alteration in union strength is negative and insignificant statistically, proposing that transitions in union density were no longer connected to redistribution. It is reported by Toscano (2015) that union fall since the 1980s has been accompanied by alterations in the union members position in income diffusion. It is speculated that, since the position of an average union member has improved with a decline in density, union members are also no longer very supportive of redistributive policies and wage solidarity. Hence, the disparity issue might stay, but the role played unions is more controversial. Though companies in competitive labour markets might undersupply workers voice, but it does not mean that independent unionism is the solution, either from an employee standpoint, or the practicable interest of strengthening productivity. In fact, many researchers have identified that the drop in union voice has been coupled with a substantial growth in non-union voice, such that the total exposure of voice mechanisms has been stable and high (Furze et al., 2011). In short, Australian workers have selected non-union voice over no voice at all. In addition to this evaluating voice regimes, non-union voice overshadows union voice for a series of perceived result indicators financial performance, productivity, and industrial relations climate if not turnover. This provides credibility to the concept that management has a motiv ation of investing in non-union voice, although such positive scene is muddled by comparisons between voice types (Schaper, 2014). Conclusion With the waning of unions, todays labour markets of Australia are closer to the theoretical models of competitive markets than they were during the 1970s. This is mainly because of a succession of legal changes that have rendered it difficult for unions to organise, but also owing to higher competition in the markets, growing wage disparity and alterations in the composition of the workforce. It is extremely unlikely that any of these alterations will be inversed. More Australians are now employed in sectors that have always had less union strength. Employment in conventionally powerful union sectors like the public sector and the manufacturing sector are being substituted by jobs in service industries and community-based establishments that have low union density. Permanent employees are being substituted by casual and part-time workers, and such types of employment have lower rates of union membership. More of the labor force has become contractors, self-employed or employed in sma ll businesses and do not perceive union membership as important. References Abbott, K., MacKinnon, B and Fallon, P. 2016. Understanding employment relations. South Melbourne: Oxford University Press. Addison, T. J. 2014. The consequences of trade union power erosion. IZA World of Labor. Bashur, M and Oc, B. 2015. When voice matters: A multilevel review of the impact of voice in organisations. Journal of Management, 41(5): 1530-54. Bray, M., Waring, P. and Cooper, R. 2011. Employment Relations: Theory and Practice. Sydney: McGraw-Hill. Cooper, R., Ellem, B., Briggs, C., and Broek, D. 2009. Anti-unionism, employer strategy, and the Australian State, 19962005. Labor Studies Journal, 34(3): 33962. Davis, M. 2010. Unions face fight on a new front. (September 22, Sydney). Accessed March 29, 2017. Docherty, C. J. 2010. The A to Z of Australia. Rowman Littlefield. Forsyth, A., Howe, J., Gahan, P. and Landau, I. 2017. Establishing the Right to Bargain Collectively in Australia and the UK: Are Majority Support Determinations under Australias Fair Work Act a More Effective Form of Union Recognition? Industrial Law Journal. Furze, B., Savy, P., Brym, J. R. and Lie, J. 2011. Sociology in Todays World. Cengage Learning. Grenfell, O. 2017. Australian report highlights collapse of union membership. 19 January. World Socialist Website. https://www.wsws.org/en/articles/2017/01/19/unio-j19.html. Viewed 29 March 2017. Heidecker, P. 2013. Four Reasons For The Decline In Union Membership. 24 April. Clean Link. https://www.cleanlink.com/cp/article/Four-Reasons-For-The-Decline-In-Union-Membership--15514. Viewed 29 March 2017. Hodder, A. and Kretsos, L. 2015. Young Workers and Trade Unions: A Global View. Springer. Holland, P., Pyman, A., Cooper, B and Teicher, J. 2011. Employee voice and job satisfaction in Australia: The centrality of direct voice. Human Resource Management, 50(1): 95-111. Kaufman, B. 2008. Paradigms in industrial relations: original, modern and versions in-between. British Journal of Industrial Relations, 46(2): 314-339. Kelty, W. 2011. The introduction of enterprise bargaining a retrospective: Opening address. Enterprise Bargaining in Australia Workshop, Melbourne, Melbourne Law School. Koukoulas, S. 2015. The decline of union membership. 26 November. The Adelaide Review, https://adelaidereview.com.au/opinion/business-finance/the-decline-of-union-membership/. Viewed 29 March 2017. Leigh, A. 2011. The Decline of an Institution. Australian Financial Review: 21. Peetz, D. 2012. THE IMPACTS AND NON-IMPACTS ON UNIONS OF ENTERPRISE BARGAINING. Labor and Industry, 22(3): 237-254. Schaper, T. M. 2014. A brief history of small business in Australia, 1970-2010. Journal of Entrepreneurship and Public Policy, 3(2): pp.222-236. Toscano, N. 2015. Trade union membership hits record low. (October 27, Sydney). Accessed March 29, 2017.