Dostoevsky's legal and moral philosophy : the trial of Dmitri Karamazov /
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This work closely examines the trial of Dmitri Karamazov as the springboard to explaining and critically assessing Dostoevsky's legal and moral philosophy. The author connects Dostoevsky's objections to Russia's acceptance of western juridical notions such as the rule of law and an adversary system of adjudication with his views on fundamental human nature, the principle of universal responsibility, and his invocation of unconditional love. Central to Dostoevsky's vision is his understanding of the relationship between the dual human yearnings for individualism and community. In the process, the author related Dostoevsky's conclusions to the thought of Plato, Augustine, Anselm, Dante, Kierkegaard, Schopenhauer, Nietzsche, and Sartre. Throughout the work, the author compares, contrasts, and evaluates Dostoevsky's analyses with contemporary discussions of the rule of law, the adversary system, and the relationship between individualism and communitarianism.
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1 online resource (xvi, 226 pages) :
Includes bibliographical references (p. 215-223) and index. :
9789004325425 :
0929-8436 ; :
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.
Sacred Law in the Holy City : The Khedival Challenge to the Ottomans as seen from Jerusalem, 1829-1841 /
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The Muslim community's political and socio-economic role in Jerusalem under Ottoman administration during the 1830s is analyzed in this volume from a natural law perspective. A bitter political contest between Sultan Mahmud II and Muhammad Ali Pasha resulted in the military occupation of Syria and imposition of a brutal new political and legal regime which crushed the indigenous elites of southern Syria. Through a careful analysis of the archives of the Islamic law court of Jerusalem, the study offers a fresh appraisal of how the Ottoman Empire ruled Jerusalem and considers the Muslim response, elucidating the reasons for the breakdown of their relations with non-Muslim Ottoman subjects and differentiating the Ottoman understanding of law and government from that of their enemies, the Wahhabis.
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Originally presented as the author's thesis (doctoral)--University of Chicago, 1993. :
1 online resource. :
Includes bibliographical references and index. :
9789047405207
9789004138100
A history of ancient Near Eastern law /
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The first comprehensive survey of the world's oldest known legal systems, this collaborative work of twenty-two scholars covers over 3,000 years of legal history of the Ancient Near East. Each of the book's chapters represents a review of the law of a particular period and region, e.g. the Egyptian Old Kingdom, by a specialist in that area. Within each chapter, the material is organized under standardized legal categories (e.g. constitutional law, family law) that make for easy cross-referencing. The chapters are arranged chronologically by millennium and within each millennium by the three major politico-cultural spheres of the region: Egypt, Mesopotamia, and Anatolia and the Levant. An introduction by the editor discusses the general character of Ancient Near Eastern Law.
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1 online resource (2 volumes (xvi, [2] leaves, 1,209 pages)) :
Includes bibliographical references and indexes. :
9789047402091 :
0169-9423 ; :
Available to subscribing member institutions only.
Legal documents as sources for the history of Muslim societies : studies in honour of Rudolph Peters /
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This volume is a tribute to the work of legal and social historian and Arabist Rudolph Peters (University of Amsterdam). Presenting case studies from different periods and areas of the Muslim world, the book examines the use of legal documents for the study of the history of Muslim societies. From examinations of the conceptual status of legal documents to comparative studies of the development of legal formulae and the socio-economic or political historical information documents contain, the aim is to approach legal documents as specialised texts belonging to a specific social domain, while simultaneously connecting them to other historical sources. It discusses the daily functioning of legal institutions, the reflections of regime changes on legal documentation, daily life, and the materiality of legal documents. Contributors are Maaike van Berkel, Maurits H. van den Boogert, Léon Buskens, Khaled Fahmy, Aharon Layish, Sergio Carro Martín, Brinkley Messick, Toru Miura, Christian Müller, Petra M. Sijpesteijn, Mathieu Tillier, and Amalia Zomeño.
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1 online resource. :
Includes bibliographical references and index. :
9789004343733 :
Available to subscribing member institutions only.
Studies in the Aramaic legal papyri from Elephantine /
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Long recognized as a brilliant cross-cultural study, Yochanan Muffs' work analyzes the legal formulary of the Aramaic papyri from Elephantine, at the first cataract of the Nile, where a Persian garrison comprised of Jewish soldiers and their families lived throughout most of the 5th century B.C.E. These documents are of exceptional importance for the study of ancient Near Eastern law, and Muffs has investigated their formative background through extensive references to cuneiform law, by a method he calls "the Assyriological approach". Virtually every aspect of law-sale of land, marriage and family law, loans and credit, the taking of oaths, and the granting of bequests is studied in great depth and with unusual clarity. Muffs' work has enjoyed renewed interest in the light of more recent discoveries of Aramaic legal documents from later periods, as in the Judean Desert.
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1 online resource (xliv, 311 pages) :
Includes bibliographical references and index. :
9789004294233 :
Available to subscribing member institutions only.
Dimensions of Transformation in the Ottoman Empire from the Late Medieval Age to Modernity : In Memory of Metin Kunt /
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Eighteen expert researchers have come together to provide original articles and new perspectives on transformation throughout Ottoman history, in order to honor the life's work of Metin Kunt. Kunt's work revolutionized our understanding of change in Ottoman political, social and cultural history in the late 16th and early 17th centuries. This new collection focuses on the contributions of key players in these fields and includes chapters on Ottoman artisans in a changing political context, Ottoman chief scribes and the rhetorics of political survival in the 17th century, and empiricism in the Ottoman Empire. Contributors are Antonis Anastasopoulos, Iris Agmon, Tülay Artan, Karl K. Barbir, Fatih Bayram, Suraiya Faroqhi, Cornell H. Fleischer, Pál Fodor, Mehmet Kalpaklı, Cemil Koçak, B. Harun Küçük, Aslı Niyazioğlu, Mehmet Öz, Kaya Şahin, Derin Terzioğlu, Ekin Tuşalp-Atiyas, Christine Woodhead, N. Zeynep Yelçe, Elizabeth A. Zachariadou.
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1 online resource. :
Includes bibliographical references and index. :
9789004442351
9789004409828
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
Islamic Law and Legal System : Studies of Saudi Arabia /
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Based on years of research in Saudi Arabia, this volume investigates the legal system of Saudi Arabia both for its own sake and as a case-study of an Islamic legal system. As a study of Saudi Arabia, it is the first extensive treatment in English of the constitution and Islamic court system of Saudi Arabia. As a study of an existing legal system in continuity with past Islamic law and practice, it sheds new light on Islamic legal doctrine, practice, and institutions, correcting for past scholarly neglect of Islamic law's application. The book develops a framework of concepts, rooted in both Islamic and western legal theory, useful for the comparative description and analysis of Islamic legal systems and applications, past and present.
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1 online resource. :
Includes bibliographical references and index. :
9789047400165
9789004110625
Sharīʻa and the Islamic state in 19th-century sudan : the Mahdi's legal methodology and doctrine /
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The Sudanese Mahdī headed a millenarian, revivalist, reformist movement in Islam, strongly inspired by Salafī and Ṣūfī ideas, in late 19th century in an attempt to restore the Caliphate of the Prophet and "Righteous Caliphs" in Medina. As the "Successor of the Prophet", the Mahdī was conceived of as the political head of the Islamic state and its supreme religious authority. On the basis of his legal opinions, decisions, proclamations and "traditions" attributed to him, an attempt is made to reconstruct his legal methodology consisting of the Qurʾān, sunna , and inspiration ( ilhām ) derived from the Prophet and God, its origins, and its impact on Islamic legal doctrine, and to assess his "legislation" as an instrument to promote his political, social and moralistic agenda.
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1 online resource. :
Includes bibliographical references and index. :
9789004313996 :
Available to subscribing member institutions only.
Law and the Islamization of Morocco under the Almoravids : the Fatwās of Ibn Rushd al-Jadd to the far Maghrib /
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Law and the Islamization of Morocco under the Almoravids. The Fatwās of Ibn Rushd al-Jadd to the Far Maghrib investigates the development of legal institutions in the Far Maghrib during its unification with al-Andalus under the Almoravids (434-530/1042-1147). A major contribution to our understanding of the twelfth-century Maghrib and the foundational role played by the Almoravids, it posits that political unification occurred alongside urban transformation and argues that legal institutions developed in response to the social needs of the growing urban spaces as well as to the administrative needs of the state. Such social needs included the regulation of market exchange, the settlement of commercial disputes, and the privatization and individualization of property.
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Based on author's thesis (doctoral - Yale University, 2009) issued under title: The Fatwas of Ibn Rushd al-Jadd to the Far Maghrib. :
1 online resource (viii, 207 pages) :
Includes bibliographical references (p. 192-202) and index. :
9789004279841 :
1877-9808 ; :
Available to subscribing member institutions only.