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EN
This paper deals with Pindar’s fragmenta dubia 337, 334 and 335 M., hitherto largely disregarded. A comparison with selected Pindaric loci similes allows us to analyze these fragments in more depth and to place them in their appropriate linguistic and literary contexts. The article concludes with some suggestions about their interpretation.
EN
The prosperity of Egyptian civilization has depended on the efficient use of water deriving from the Nile throughout its recorded history. Despite the importance of water and irrigation in ancient Egypt, very little is known of its water regulations. The only known legal source related directly to the maintenance of canals that has been preserved is a section of the Dikaiomata – the Alexandrian city law dealing with the construction and improvement of irrigation channels in the surrounding countryside. However, being Greek in origin, it does not seem to correspond to the legal practice that has been in use in Egypt since the earliest times. How water regulations looked like in practice can therefore only be observed by means of practice documents, i.e. papyri from Ptolemaic period. Such papyri recorded the law in action, both in relation to individuals as well as the whole society in the context of water management. These documents and their similarities and differences to the rules contained in Dikaiomata are the subject of the paper.
EN
The arbitration and settlement of claims in the Roman law have been the subject of multiple analyses. Recent years have witnessed a particular interest in the practical application of these institutions in Late Antiquity. At first sight, legal papyri may seem confusing and give the impression that they present solutions distant from the standard ones known from the compilations of the law. When one ventures to take a closer look, however, at the complex web of legal concepts and terms, one can notice the context in which the agreement is situated as well as the relations connecting both sides of the dispute. The pres- ent article offers a legal analysis of P. Mich. XIII 659, published in 1977, which concerns a dispute settled by means of mesiteia (i.e. mediation/arbitration). A plausible reconstruction of events is provided, which allows insight into the numerous correlations between the institutions as well as regulations known from the law on the one hand, and the legal practice as demonstrated by the papyri on the other. Finally, a short, polemical commentary is offered concerning the popularity of arbitration/mediation in Late Antiquity, a phenomenon frequently noted in literature.
EN
History shows the books are either readers hearts’ desire or some spare or even useless objects. The example of that are many authors of ancient Greek and Latin literature. The output of splendid writers and poets, esteemed during their lives, having their place on the obligatory reading list of well educated human being and considered as the members of high literature pantheon, happened to be forgotten or even destroyed on purpose many a time over years, as poems of Sappho or Ovid. Some others, as Cicero, Catullus, Livy, Vergil, Tibullus, Propertius, Horace, Petronius, Statius or Apuleius once lost their popularity, once won back their glory. The amateurs of literature, with their searching for missing books, saved them for next generations. Scholar with a distinctive contribution to that are, among others, Francesco Petrarca, Giovanni Boccaccio and Poggio Bracciolini, the precursors of renaissance, who were sifting the resources of European libraries. The valuable source of ancient literature are Egyptian papyri and parchment palimpsests; due to the former ones we may read e. g. Menander’s comedies, meanwhile the latter ones have given us such authors as Plautus, Terence, the Elder and Younger Pliny, Sallust, Lucan, Juvenal and Gaius. The challenge for nowadays is not only to stock properly, but also to examine precisely this inestimable legacy.
EN
While focusing on the issues such as spirituality, faith, prayer, and discipline, the late antique literary discourse pays little attention to the engagement of monks in the mundane realities of daily life. The symbolic significance of the total withdrawal from the earthly matters have paved its way into common imagination of the monastic existence. One must, however, remain cautious while attempting to translate monastic writings into the reality of day-to-day life of a monk in Egypt. As shown by numerous papyri, social and economic relations between monks and the surrounding world were not sporadic, but an inevitable element of the monastic movement. The picture of Egyptian monasticism depicts a web of contacts with the ‘outside world’ and an entanglement of religious landscape in the local economy. In this article, I discuss only one aspect of the much broader issue, that is the existence of ‘legal capacity’ of monastic communities in late antique Egypt. I address the problem of ‘legal representation’ of monasteries as outlined in the sources of legal practice. For a lawyer, these observations are all the more stimulating as there has been an ongoing debate whether ‘legal persons’ as such existed at all in Roman law, and whether we could talk about anything approaching our current understanding of ‘legal personality’.
EN
The literary portrayal of the charismatic founders of monastic communities, and of their successors, abounds in descriptions of ascetic practices and devotion. However, the hegumenoi also needed to be individuals of the right standing and competence, as it was only such people who could properly represent the communities in relations with both lay and ecclesiastical authorities, secure the obedience of all the brethren, as well as efficiently manage the community and its assets. The nature and the exact procedure of superior’s appointment became increasingly relevant and began to interest both the church and the secular authorities once the monastic movement reached such a magnitude that it could no longer be left without proper institutional surveillance. In parallel, there was a growing awareness among monks themselves of the need to standardise the existing practices and experience. In this article I focus on the legal conditions delimiting the transfer of headship over monastic communities and their reflection in mundane reality. My aim is to see how documents of legal practice relate to the imperial legislation dealing with the appointment of the people in charge of the monasteries. The analysis of the superior selection process will allow for commenting on both the legal framework within which the monastic communities functioned, and the much broader issue of imperial policy towards the emerging holy houses. It should also enable some conclusions on the legal status of monastic communities and how it may have influenced the realities of appointing their administrative and spiritual heads.
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