Law and the philosophy of action /
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This is the third volume of the new series Social, Political, andamp; Legal Philosophy and it deals with the relationship between Law and The Philosophy of Action. In this volume a number of legal issues are illuminated by resource to the analysis of mental concepts. Issues in Criminal Law, Contract Law, Acceptance of Legal Systems, and the nature of Legal Norms are some of the main issues dealt in the papers that constitute the volume. Conceptual analysis is used and new overtures are made into current findings in the Cognitive Sciences. All of this results in illuminating accounts that throw new light on traditional fundamental legal issues. This volume is a precursor in the powerful theorizing of the Cognitive Sciences that is being brought to bear in the Philosophy of Mind and in the theory of Law, and this theorizing will increase in the coming years.
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"The present volume grew out of the conference Law and the Philosophy of Action that took place in the Institute de Investigaciones Jurídicas of the Universidad Nacional de México in September 2011"--Presentation. :
1 online resource (vi, 245 pages) :
Includes bibliographical references. :
9789401210966 :
Available to subscribing member institutions only.
La décrétale Ad Gallos episcopos, son texte et son auteur : texte critique, traduction française et commentaire /
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In 1904, Ed.-Ch. Babut issued a new edition of the important Decretale Ad Gallos episcopos with the help of a second manuscript of the canonical "collection of St. Maur". He attributed it to Pope Damasus (366-384), and not to Sirice (384-398). Nevertheless, he did ignore the existence of the ancestor of the two previous manuscripts and of an other collection, materialized today by two fragmented manuscripts. This new edition of the Decretale is updated with the help of all the existing traditions and brings significant improvements. The attribution to Damasus, discussed throughout the 20th century is here confirmed through another method than Babut's. The survey of the content, the texts of the holy scripture used, and argumentation make possible the identification of the influence of Jerome who was the secretary of Damasus in 382-384. He was the only man using specific bible texts or specific expressions present in this Decretale. In spite of his wish to base all his decisions upon the Scripture and upon the Fathers' tradition (Nicée-Sardique), we discover in this decretale, focused essentially on the life of the blessed virgins and on the hiring process and life of the church, the strong assessment of the power of the "Sedes apostolica" and also of the necessity of a discipline policy, designed by the Church of Rome.
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1 online resource (ix, 177 pages) :
Includes bibliographical references and index. :
9789047406686 :
0920-623X ; :
Available to subscribing member institutions only.
Following the Man of Yamhad : settlement and territory at Old Babylonian Alalah /
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Legal texts recording the purchase or exchange of entire settlements are among the most important cuneiform tablets discovered at Old Babylonian/Middle Bronze Age (Level VII) Alalah. Following the Man of Yamhad is the first book-length study of these legal texts and the socio-economic practice that they document. The author explores the nature of the alienated settlements, the rights enjoyed by their owners, the underlying system of land tenure, and the larger political context in which the transactions occurred. The study is supported by extensive collations and up-to-date editions of relevant legal and administrative texts. Its conclusions will be of interest to anyone working on the history, society, and economy of the Bronze Age Near East.
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1 online resource (xv, 447 pages) :
Includes bibliographical references (p. 401-421) and indexes. :
9789004292895 :
1566-2055 ; :
Available to subscribing member institutions only.
The methodology of Maurice Hauriou : legal, sociological, philosophical /
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This book shows that Hauriou's positivist and pragmatic jurisprudence and social theory, as well as their application to the study of institutions, is satisfactorily supported by his idealistic philosophy. The nine chapters first locate Hauriou's influences, then situate his disciplinary methodologies within methodology in general. The central chapters concern each of the three methodologies in turn.
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1 online resource (xvi, 242 pages) : illustrations. :
Includes bibliographical references and index. :
9789042030084 :
Available to subscribing member institutions only.
The relationship between Roman and local law in the Babatha and Salome Komaise archives : general analysis and three case studies on law of succession, guardianship, and marriage...
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The discovery of the Babatha archive provided scholars with unique opportunities for reconstructing the life of Jews in second-century Arabia. Although legal issues and especially the question of the relationship between Roman and local law have received attention in a number of publications, this study presents the first complete overview of the legal situation as presented in the Babatha as well as the Salome Komaise archive, using references to law in the documents' texts as the key element for understanding what law is applicable to these documents. By distinguishing between two levels in the papyri, of substantive and of formal law, a new understanding is reached of the part both Roman and local law played in legal reality.
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1 online resource. :
Includes bibliographical references and index. :
9789047421368 :
Available to subscribing member institutions only.
Die Doppelurkunden aus der Wüste Juda : Recht und Praxis der jüdischen Papyri des 1. und 2. Jahrhunderts n. Chr. samt Übertragung der Texte und deutscher Übersetzung /
: 1 online resource (viii, 208 pages) : 6 facsimiles (in pocket) : Includes bibliographical references (p. 192-198). : 9789004350045 : Available to subscribing member institutions only.
Neo-Babylonian court procedure /
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Even though scholars have known of Neo-Babylonian legal texts almost since Assyriology's very beginnings, no comprehensive study of court procedure has been undertaken. This lack is particularly glaring in light of studies of court procedure in earlier periods of Mesopotamian history. With these studies as a model, this book begins by presenting a comprehensive classification of the text-types that made up the \'tablet trail\' of records of the adjudication of legal disputes in the Neo-Babylonian period. In presenting this text-typology, it considers the texts' legal function within the adjudicatory process. Based on this, the book describes the adjudicatory process as it is attested in private records as well as in records from the Eanna at Uruk. \'This study of textual typologies and adjudication processes will be of immense value to Assyriologists, biblical scholars and historians of law alike. This is without mentioning the wealth of social and economic insights evident in each case, let alone the valuable identification of Neo-Babylonian formulaic legal expressions.\' S. Jacobs "Overall, Holtz's work is replete with important data, insightful in its analysis and judicious in its interpretive decisions. It should serve not only as an important resource but also as a significant statement on the function of law and judicial procedure at an important time in Mesopotamian history." Bruce Wells, Saint Joseph's University
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1 online resource. :
Includes bibliographical references (p. [321]-328) and indexes. :
9789047428428 :
Available to subscribing member institutions only.
Writing the wayward wife : rabbinic interpretations of sotah /
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Writing the Wayward Wife is a study of rabbinic interpretations of sotah, the law concerning the woman suspected of adultery (Numbers 5:11-31). The focus of the book is on interpretations of sotah in tannaitic and amoraic texts: the Mishnah, Tosefta, Midrash Halakhah, Midrash Aggadah, and the Palestinian and Babylonian Talmuds. The body of the work is in-depth analysis of the legal and ritual proceedings. Jewish Greek interpretations (Josephus, Philo, and LXX) also are addressed, along with the Protevangelium of James , and fragments from the Dead Sea Scrolls and Cairo Geniza. Finally, the disappearance of the ritual is discussed, with implications for the development of rabbinic authority. In previous secondary literature, the law of sotah has been understood as either proto-feminist or misogynist. This book argues that neither of these are appropriate paradigms. Rather, this book identifies the emergence of two major interpretive themes: the emphasis on legal procedures, and the condemnation of adultery.
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1 online resource (xiii, 329 pages) : illustrations. :
Includes bibliographical references and index. :
9789047417811 :
0169-734X ; :
Available to subscribing member institutions only.
Hans Kelsen and the natural law tradition /
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Hans Kelsen and the Natural Law Tradition provides the first sustained examination of Hans Kelsen's critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition. This edited collection commences with a comprehensive introduction which establishes the character of Kelsen's critical engagement as a general critique of natural law combined with a more specific critique of representative thinkers of the Natural Law Tradition. The subsequent chapters are then devoted to a detailed analysis of Kelsen's engagement with prominent theorists from the Natural Law Tradition. The volume concludes with an exploration, focusing upon the delineation of a non-positivist legal theory in the debate between Robert Alexy and Joseph Raz, of the continued presence of Kelsenian legal positivism in contemporary legal theory.
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Includes papers presented at "Hans Kelsen and the Natural Law Tradition : An International, Interdisciplinary Conference" hosted at Edge Hill University, UK in September 2013.--ECIP Acknowledgements. :
1 online resource. :
Includes bibliographical references and index. :
9789004390393 :
2211-2014 ;
Continuity and innovation in the Aramaic legal tradition /
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Ever since the Elephantine papyri were first published over a century ago, scholars have speculated on the origins of the well-developed legal formularies used in these documents. Since then, many more Aramaic deeds of conveyance both from Elephantine and from elsewhere have been published, especially within the last decade or so. With this expanded text base now available, the time is ripe for a comprehensive re-assessment of these legal formularies. This book endeavors to show that these disparate Aramaic documents, whose chronological scope spans several centuries, form a discrete and coherent tradition. It isolates and identifies the distinctive elements that form the core of this tradition and traces the histories of these elements back through the cuneiform record.
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1 online resource. :
Includes bibliographical references (p. [204]-226) and index. :
9789047442226 :
Available to subscribing member institutions only.
Looking Within: Finding an Environmental Justice and Global Citizenship Lens /
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Can we adopt human rights concepts, long used to frame problems of social justice, to define environmental justice? Can existing social institutions provide models and tools for achieving environmental justice? This volume views old models of agency through new lenses and examines how several social institutions, such as law, education and health care, address specific environmental problems. The volume presents arguments for human obligations towards the environment and future generations. Scholars assess the limitations of existing models and others point to recent failures in protecting the interests of indigenous groups or species. And on a hopeful note, examples are given of institutions that promise some success in effecting environmental goals. As this discussion of citizenship suggests, much like environmental justice, a global context both in definition and application is required.
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1 online resource. :
Includes bibliographical references and index. :
9781848882515
The divine courtroom in comparative perspective /
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Contributors to The Divine Courtroom in Comparative Perspective treat one of the most pervasive religious metaphors, that of the divine courtroom, in both its historical and thematic senses. In order to shed light on the various manifestations of the divine courtroom, this volume consists of essays by scholars of the ancient Near East, Hebrew Bible, Second Temple Judaism, early Christianity, Talmud, Islam, medieval Judaism, and classical Greek literature. Contributions to the volume primarily center upon three related facets of the divine courtroom: the role of the divine courtroom in the earthly legal system; the divine courtroom as the site of historical justice; and the divine courtroom as the venue in which God is called to answer for his own unjust acts.
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Includes papers presented at a conference held "on February 5-6, 2012, the Leonard and Bea Diener Institute of Jewish Law and the Yeshiva University Center for Jewish Law and Contemporary Civilization, 'The Divine Courtroom,' at the Benjamin N. Cardozo School of Law." :
1 online resource (vi, 308 pages) :
Includes bibliographical references and index. :
9789004281646 :
0928-0731 ; :
Available to subscribing member institutions only.
Poznań School of Legal Theory /
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"This book grew out of the conviction that the original concepts of the Poznań School of Legal Theory are still perfectly suited for application in the era of moral pluralism and multicentric legal systems. Moreover, the legal-theoretical proposals put forward by the circle of Poznań legal theorists, and supported by firm methodological foundations, have not, by any means, lost their value. Although each of the authors tackles issues from different perspectives, there is a discernible unity in their approaches, expressed in the conviction that modest analysis makes more sense than ambitious analysis of the concept of law or the nature of law. The Poznań School has made several valuable contributions to contemporary legal theory: Its works have drawn from Polish philosophy of language and therefore embedded its theoretical and legal considerations in the Polish philosophical culture; it created an original model method which consists of considering ideal situations in which dependencies are not disturbed by the influence of other factors; and it treats the human being as a rational person, and thus as a cognizing subject and a rational agent"--
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1 online resource. :
Includes bibliographical references and index. :
9789004448445
9789004446366