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Roman Law: Legal Status and Formulary Procedure

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Roman Law Case Study: Family Status

Case Scenario: Faul and Dercy's Children

Faul, a 28-year-old Roman citizen and sui iuris, marries Dercy, a Greek woman, through confarreatio. A year after their wedding, Dercy becomes pregnant. Faul dies, and eight months later, a boy and a girl are born.

Question: Determine the legal status of each child.

Analysis of Children's Legal Status

In Roman law, an individual's legal status was defined by three key components:

  • Status Libertatis (Freedom Status): Whether a person was free or a slave.
  • Status Civitatis (Citizenship Status): Whether a person was a Roman citizen, a Latin, or a foreigner (peregrinus).
  • Status Familiae (Family Status): Whether a person was sui iuris (independent, not under anyone's power) or alieni
... Continue reading "Roman Law: Legal Status and Formulary Procedure" »

Ortega y Gasset's Philosophy: Knowledge, Life, and History

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Ortega y Gasset's Theory of Knowledge

In 1916, José Ortega y Gasset distinguished two major periods in the history of thought: the realist and the idealist. Ortega's philosophy critically examines both. Realism, originating from Greek thought, considers a thing as an independent reality, distinct from human perception. It posits that things leave their mark on the mind, imprinting their image like a seal on wax – a concept Ortega termed the "thing-as-substance" metaphor.

Idealism, conversely, discards this notion. It asserts that consciousness finds things, but these things do not emerge into consciousness as external entities. Instead, things are objects of consciousness, which are essentially ideas – a concept Ortega described as the "... Continue reading "Ortega y Gasset's Philosophy: Knowledge, Life, and History" »

Understanding Identity, Family, and Social Issues

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Identity and Friendship

Identity

Identity is the awareness of being oneself, unique and unlike any other.

Friendship

Responsibility: A responsible friend acts for the other's good, avoiding harm.

Justice: A true friend doesn't ask for unjust things or engage in abusive behavior.

Solidarity: Friends stand together in good times and bad, sharing joys and sorrows.

Sex, Sexuality, and Family

Sex and Sexuality

Sex: The biological mechanism of reproduction in living beings.

Sexuality: A broader concept encompassing sex and affection.

Family Functions

  • Reproductive
  • Educational
  • Emotional
  • Economic
  • Healthcare

Parenting Styles

  • Authoritative: Demanding, rigid, with limited affection. Often disregards children's feelings and perspectives.
  • Assertive: Demanding yet warm. Sets
... Continue reading "Understanding Identity, Family, and Social Issues" »

Aquinas' Five Ways: Demonstrating God's Existence

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Structure of the Ways

The tracks are five formulations with a common scheme in four steps: a fact of experience, the application of the principle of causality, the impossibility of an infinite causal process, and the term of the causal process.

Via the Movement

1st: Starting from a fact of experience, movement, understood as the passage from potency to act, the application of the principle of causality leads to the conclusion that nothing can be both mobile and motor simultaneously. "Everything that is moved is moved by another."

Route of Efficient Causes

2nd: In the world of the senses, there are efficient causes, which are subordinate to each other to produce effects (for the birth of a tree requires land, water, electricity, etc.). Nothing can... Continue reading "Aquinas' Five Ways: Demonstrating God's Existence" »

Understanding Key Concepts and Their Synonyms

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Understanding Key Concepts and Their Synonyms

1. Attributes

Fitness, property, power, ability, character

2. Temperance

Moderation, frugality, prudence, sobriety

3. Testimony

Declaration, revelation, assertion

4. Praise

Flattery, apologetics, exaggeration, exaltation

5. Inhibition

Inhibit, restrain, coerce, refrain, stop, withdraw

6. Premise

Hypothesis, proposition, history, idea

7. Peculiarities

Peculiarity, property, uniqueness, ownership

8. Entity

Being, individual, subject, essence, substance, nature

9. Purge

Evacuate, expel, laxar, medicine, atone for, suffer, pay

10. Contribute

Cooperate, collaborate, assist, subsidize, pay

11. Essence

Nature, substance, existence, character, property

12. Incur

To influence, make, earn, win, draw, fall

13. Avidity

Craving, desire,... Continue reading "Understanding Key Concepts and Their Synonyms" »

Rational and Moral Action: Core Principles

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Foundations of Rational and Moral Action

Rationale and Rational Action

Rationale: The appropriate use of reason applies to our beliefs, motives, and actions.

Rational Action: Action based on good reasons, i.e., involving the formation of rational beliefs and motives, along with behavior that is reasonable.

Features of Rational Action

  • Choosing the best option in every circumstance, considering the elements of each situation.
  • Justifying the choice based on objective, universal criteria (i.e., criteria that would be chosen by any rational being).

Dimensions of Rational Action

Individual Rational Action
  • Definition: The action of a single agent whose reasons for acting are good reasons.
  • Awareness of Purposes: For any rational action, the agent must be aware
... Continue reading "Rational and Moral Action: Core Principles" »

Plato's Theory of Knowledge, Ethics, and Politics

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Plato's Theory of Knowledge

For Plato, the soul belongs to the intelligible world but resides in the material world. This leads to the Theory of Reminiscence, which posits that knowledge is acquired through experience, but we already possess it within us. We must realize that ideas are tools that help the soul remember what it already knows. Knowledge, therefore, comes from memories; to know is to remember. Socrates believed that truth lies within the soul. We should not seek what we do not know, because everything is already inside us.

There are other ways of knowing, such as the dialectic, which is the true knowledge of essences. It involves dialogue and discussions to understand Ideas. Dialectic is above reason, and scientific discourse constitutes... Continue reading "Plato's Theory of Knowledge, Ethics, and Politics" »

Rousseau's Social Contract: Foundations of a Just Society

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Critique of Progress and the Social Contract Idea

In his critique of society, emerging from the idea of progress, Jean-Jacques Rousseau argues that it is impossible to return to the idyllic state of nature. As a solution to the appearance and artificiality to which society leads, he proposed the idea of the Social Contract.

Purpose and Foundations of the Social Contract

This contract represents the basis for establishing a legitimate society, designed to foster justice and happiness among its citizens, thereby excluding inequality. It aims to overcome the shortcomings of previous states (the state of nature and corrupted civil society) by promoting a social model where individuals live in harmony, with their human integrity encompassing both feeling... Continue reading "Rousseau's Social Contract: Foundations of a Just Society" »

Thomas Aquinas: Reason, Faith, and Scholastic Philosophy

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The Enduring Legacy of Thomas Aquinas

Early Opposition and the Rise of Thomism

Following the death of Thomas Aquinas, his philosophy faced significant opposition, particularly from the Franciscans. They regarded Saint Augustine as the most faithful exponent of the Christian view. This opposition culminated in the condemnation of certain Thomistic doctrines by ecclesiastical authorities in Paris and Oxford in 1277. However, it soon became clear that these fears were unfounded. Following the canonization of Saint Thomas in 1323, Thomism expanded significantly, becoming a dominant intellectual force.

Reason and Faith: Aquinas Versus Augustine

A central theme in medieval philosophy is the ongoing debate between reason and faith. Thomas Aquinas, unlike... Continue reading "Thomas Aquinas: Reason, Faith, and Scholastic Philosophy" »

Comprehensive Glossary of Terms: From Archbishop to Adjudicate

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Comprehensive Glossary of Terms

A

  • Archbishop: Metropolitan Bishop of the Church or one who has such honors.
  • Autocratic: Relating to an autocracy or autocrat.
  • Acclamation: Action and effect of cheering, giving voice to the crowd.
  • Amnesty: Pardon of a certain group of political crimes, granted by law.
  • Agree: To agree on terms or conditions for concluding a business deal.
  • Adjudicate: To dismiss the action and effect.
  • Adjacent: Adjoining, bordering, borderline. Describes the land which bounds a town with another land.
  • Appellant: One who resorts. A person who has filed an appeal.

B

  • Bind: To ensure adhesion in tissues.

C

  • Contrast: To resist, cope. To show remarkable disagreement or opposition of one thing with another.
  • Covet: To desire eagerly wealth and property.
... Continue reading "Comprehensive Glossary of Terms: From Archbishop to Adjudicate" »