Король, Папа и Император: проблема легитимности светской власти в «Семи Партидах» и глоссе Грегорио Лопеса
This article is dedicated to conception of legitimacy of politic power in medieval Castile and later, in early modern Spanish Empire, reflected in the "Siete Partidas" of Alphonse the Sage, king of Castile and Leon (1252-1284) and in its gloss composed by Gr. Lopez - court lawyer and counsellor of the emperor Charles I (Charles V in a case of Holy Roman Empire). Jurists of XIII-th century construing the well-known legal maxim "Rex est imperator in regno suo" (Decretals "Per venerabilem", 1205, by Pope Innocent III) insisted on the supremacy of royal power not only in relation to imperial but also to papal power. Thereby a king, according to jurists of Alphonse the Wise, was represented as supreme sovereign of his kingdom either in secular and spiritual affairs. In the XVI-th century the court lawyer of a Spanish emperor, Gregorio Lopez, emphasized the supremacy of imperial power in the secular affairs and papal - in the spiritual. Yet he marked the possibility for the emperor to be deposed by the Roman people, who gave him his power and, by means of the renovated social contract, could recall it.
This article deals with the conception of an Imperial Authority described in the “Siete Partidas” of Castilian king Alphonse the WIse (1252 – 1284) and its interpretation by a court lawyer of the Emperor of Spain Carl I (Carl V) called Gr. Lopez. The special attention is payed to the question of sovereignty, legal status of the emperor and of citizen’s right of insurrection.
Our purpose in this article is to reconstruct on the basis of cognitive and information theory approach some basic parameters of law and justice in the process of searching solutions for fundamental problems of transitional Post-Soviet period. Among them are: the conflict of law and justice in current Russian political reality; social equality and new property relations; national identity and system of government; the form of government and the type of political regime; legitimacy and legality of political transformation; effectiveness of law.
The article examines the role of post-glossators school and its representatives - the forerunner of Bartolo da Sassoferrato - in the development of science of private international law. It is emphasized that among the sources of law doctrine of IPL has always occupied a special place, as the source of the doctrine of IPL appeared a few centuries before the national law. IPL are the founders of science, scientists - representatives of the school post-glossators XIII-XIV centuries., In the works for the first time were scientific understanding and research issues of urban collisions statutes. Recognized as the founder of the IPL as a science is Bartolo da Sassoferrato, but his work did not appear out of nowhere, and in matters of conflict of laws he had many predecessors. Among them should be named Jacques de Ravin, Pierre Belpersha, Cino da Pistoia, Alberic da Roshate and Jean Faber. These scientists have formulated conflict the principles of the modern law and modern legal consciousness.
In this paper were examined the concepts of uso and costumbre as they are reflected in the Siete Partidas of Alphonse the Sage of Castile (1252 – 1284). Author analyses the problems of its introduction, principal qualities and procedure of the abrogation of a custom. The special consideration is given to the organic connections existing between the law of medieval Castile and the doctrine of European ius commune.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.