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
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.
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.
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.
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.
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.
Law and division of power in the Crimean Khanate (1532-1774) : with special reference to the reign of Murad Giray (1678-1683) /
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The Crimean Khanate was often treated as a semi-nomadic, watered-down version of the Golden Horde, or yet another vassal state of the Ottoman Empire. This book revises these views by exploring the Khanate's political and legal systems, which combined well organized and well developed institutions, which were rooted in different traditions (Golden Horde, Islamic and Ottoman). Drawing on a wide range of sources, including the Crimean court registers from the reign of Murad Giray (1678-1683), the book examines the role of the khan, members of his council and other officials in the Crimean political and judicial systems as well as the practice of the Crimean sharia court during the reign of Murad Giray.
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Based on author's thesis (doctoral - Uniwersytet Warszawski, 2010) issued under title: Law and division of power : a study on the reign of Murad Giray. :
1 online resource. :
Includes bibliographical references and index. :
9789004384323
Islamic law on peasant usufruct in Ottoman Syria : 17th to early 19th century /
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Drawing on Hanafi fatawa and legal commentaries from Ottoman Syria between the 17th and early 19th centuries, this book examines the legal status of tenants and sharecroppers on arable lands, most of which were state or waqf properties. Challenging existing scholarship which argues that the status of cultivators gradually eroded after the 16th century, this study explores how jurists balanced the rights and obligations of tenants and landlords, thereby ensuring the adaptability of the Ottoman land system. The work addresses the differences between sharecropping and tenancy arrangements, the limitations that governed state and waqf officials, and the interplay between shariʿa and qanun in shaping land laws. The book also illustrates the doctrinal development of the law and sheds light on notions of 'ownership', ideas of private vs. public good, and prevailing conceptions of social and economic justice.
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1 online resource (210 pages) :
9789004228672 :
Available to subscribing member institutions only.
Shariʿa, Justice and Legal Order : Egyptian and Islamic Law: Selected Essays /
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In Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays Rudolph Peters discusses in 35 articles practice of both Shariʿa and state law. The principal themes are legal order and the actual application of law both in the judiciaries as well in cultural and political debates. Many of the topics deal with penal law. Although the majority of studies are situated in the Ottoman and, especially, Egyptian period, few of them are of another region or a more recent period, such as in Nigeria or, also, Egypt. The book's historical studies are mainly based on archival judicial records and are definitively pioneering. Although the selected articles of this book are the fruit of more than forty years of research, most of them have constantly been cited.
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1 online resource. :
9789004420625
9789004412514
Law, custom, and statute in the Muslim world : studies in honor of Aharon Layish /
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This collective volume, in honor of Aharon Layish, deals with the main components in the laws of Islamic societies, past and present: sharīʿa , custom, and statute. Some chapters focus on one of these components, other discuss the interplay between two or even all three of them. The geographical coverage of the volume is wide, from the Balkans to Yemen, and from Iraq to the Maghrib. The chapters are based on a variety of sources: fiqh literature, fatwās , court decisions, judicial circulars, biographical dictionaries and chronics. The volume will be of special interest to historians, social scientists and lawyers working on Islamic and Israeli laws, and to those interested in gender studies, the Israeli-Palestinian conflict and Islamic cultures at large.
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1 online resource. :
Includes bibliographical references (p. [231]-246) and index. :
9789047411307 :
1384-1130 ; :
Available to subscribing member institutions only.
Islamic law in theory : studies on jurisprudence in honor of Bernard Weiss /
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The contributions of Bernard Weiss to the study of the principles of jurisprudence (uṣūl al-fiqh) are recognized in a series of contributions on Islamic legal theory. These thirteen chapters study a range of Islamic texts and employ contemporary legal, religious, and hermeneutical theory to study the methodology of Islamic law. Contributors include: Peter Sluglett, Ahmed El Shamsy, Éric Chaumont, A. Kevin Reinhart, Mohammad Fadel, Jonathan Brockopp, Christian Lange, Raquel M. Ukeles, Paul Powers, Robert Gleave, Wolfhart Heinrichs, Joseph Lowry, Rudolph Peters, Frank E. Vogel
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1 online resource. :
Includes bibliographical references and index. :
9789004265196
The Ẓāhirī Madhhab (3rd/9th-10th/16th century) : a textualist theory of Islamic law /
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In this book, Amr Osman seeks to expand and re-interpret what we know about the history and doctrine of the Ẓāhirī madhhab . Based on an extensive prosopographical survey, he concludes that the founder, Dāwūd al-Ẓāhirī, was closer in profile and doctrine to the Ahl al-Ra'y than to the Ahl al-Ḥadīth . Furthermore, Ibn Ḥazm al-Andalusī may have had a damaging effect on the madhhab , which never actually developed into a full-fledged school of law. By examining the meaning of ' ẓāhir ' and modern scholarship on 'literalism', he challenges the view that Ẓāhirism was literalist, proposing 'textualism' as an accurate reflection of its premises, methodology, and goals as a hermeneutical and legal theory.
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Revised version of the author's doctoral thesis--Princeton University, 2010. :
1 online resource. :
Includes bibliographical references and index. :
9789004279650 :
Available to subscribing member institutions only.
The Sanhuri Code, and the emergence of modern Arab civil law (1932 to 1949) /
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Dr. 'Abd al-Razzāq al-Sanhūrī (1895-1971) is one of the most prominent jurists to emerge to date in the Arab world. His alarm at the growing social gap in his country, Egypt, during the first half of the twentieth century, fueled his vision of establishing moral social order by means of a new civil code. Although Sanhūrī's chosen tool was the legal text, this book argues that his vision was essentially a social one: to introduce the principles of compassion, solidarity and fairness, alongside progress and pragmatism, into polarized Egyptian society, whereby property laws acquired a social function, the laws of partnership were perceived as having an educational value, and contract law was activated as a balance favoring the weaker members of society. Accordingly, this book examines the drafting of the Egyptian Civil Code, exposing the hitherto unknown sociological strata of this act of legislation.
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1 online resource. :
Includes bibliographical references (p. [325]-330) and index. :
9789047422853 :
Available to subscribing member institutions only.
Mālik and Medina : Islamic legal reasoning in the formative period /
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This book studies the legal reasoning of Mālik ibn Anas (d. 179 H./795 C.E.) in the Muwaṭṭa' and Mudawwana . Although focusing on Mālik, the book presents a broad comparative study of legal reasoning in the first three centuries of Islam. It reexamines the role of considered opinion ( ra'y ), dissent, and legal ḥadīths and challenges the paradigm that Muslim jurists ultimately concurred on a "four-source" (Qurʾān, sunna , consensus, and analogy) theory of law. Instead, Mālik and Medina emphasizes that the four Sunnī schools of law ( madhāhib ) emerged during the formative period as distinctive, consistent, yet largely unspoken legal methodologies and persistently maintained their independence and continuity over the next millennium.
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1 online resource (552 pages) :
Includes bibliographical references and index. :
9789004247888 :
Available to subscribing member institutions only.
Law and property in Algeria : anthropological perspectives /
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In spite of its privileged place on the African continent, in the Muslim world and in the Middle East and North Africa region, Algeria remains poorly known, and the works relating to contemporary Algerian society published outside of Algeria are rare. This book seeks to contribute to our understanding of Algerian society today, through its relationships to property and to law. Beyond this, the objective is to propose, in a comparative perspective proper to anthropology, new theoretical and methodological perspectives by which to apprehend the anthropology of law in a Muslim context. Algeria, as a post-colonial and post-Socialist State, whose population is overwhelmingly Muslim, proves to be a particularly interesting case to study. Contributors are: Hichem Amichi, Emilie Barraud, Ammar Belhimer, Yazid Ben Hounet, Nejm Benessaiah, Sami Bouarfa, Tarik Dahou, Baudouin Dupret, Marcel Kuper, Judith Scheele, Alice Wilson.
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"This volume was published with the support of the French National Agency for Research (ANR), as an outcome of the research project "Property in Moslem Transitional Environments" (PROMETEE) that was conducted within the frame of the German-French program FRAL and associated teams affiliated to the Centre Jacques-Berque (CJB) of Rabat and the Erlanger Zentrum fur Islam und Recht in Europa (EZIRE)." :
1 online resource (189 pages) : map. :
Includes bibliographical references and index. :
9789004362116 :
Available to subscribing member institutions only.
Early Islamic legal theory : the Risāla of Muḥammad ibn Idrīs al-Shāfiʻī /
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The Risāla of al-Shāfiʿī (d. 204/820), the earliest preserved work of Islamic legal theory, has been understood in previous scholarship as either the elaboration of a hierarchy of sources of law (Qurʾān, Sunna, consensus, and analogical reasoning) or an extended defense of the Sunna. Through a careful rereading of this celebrated text, this book offers a comprehensive reinterpretation of the Risāla , in which Shāfiʿī formulated an all-encompassing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qurʾān and the Sunna. Topics covered include Shāfiʿī's creative account of the law's architectonics, hermeneutical techniques, legal epistemology, relationship to kalām , and the role of consensus ( ijmāʿ ).
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1 online resource. :
Includes bibliographical references (p. [387]-399) and indexes. :
9789047423898 :
Available to subscribing member institutions only.