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.
Ottoman law of war and peace : the Ottoman Empire and its tribute-payers from the north of the Danube /
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Making use of legal and historical sources, Viorel Panaite analyzes the status of tribute-payers from the north of the Danube with reference to Ottoman law of peace and war. He deals with the impact of Ottoman holy war and the way conquest in Southeast Europe took place; the role of temporary covenants, imperial diplomas and customary norms in outlining the rights and duties of the tributary princes; the power relations between the Ottoman Empire and the tributary-protected principalities of Wallachia, Moldavia and Transylvania. He also focuses on the legal and political methods applied to extend the pax ottomanica system in the area, rather than on the elements that set these territories apart from the rest of the Ottoman Empire.
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1 online resource. :
Includes bibliographical references (pages 411-458) and index. :
9789004411104
Law and legal theory /
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What is the relation between law and democracy and how might it be improved? What values should inform the body of laws that govern us all? How should we determine crimes from non-crimes? What justifies state punishment, if anything? Law and Legal Theory brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates. Contributors include Christopher Bennett, Samantha Besson, Thom Brooks, Brian Butler, Sean Coyle, Rowan Cruft, Leonard Kahn, Richard Lippke, Andrew March, Matt Matravers, Adina Preda, Maria Cristina Redondo, Hanoch Sheinman and Leo Zaibert.
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1 online resource. :
Includes bibliographical references and index. :
9789004262935
Dar al-Islam revisited : territoriality in contemporary Islamic legal discourse on Muslims in the West /
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Where is dār al-islām , and who defines its boundaries in the 21st century? In Dār al-Islām Revisited. Territoriality in Contemporary Islamic Legal Discourse on Muslims in the West , Sarah Albrecht explores the variety of ways in which contemporary Sunni Muslim scholars, intellectuals, and activists reinterpret the Islamic legal tradition of dividing the world into dār al-islām , the "territory of Islam," dār al-ḥarb , the "territory of war," and other geo-religious categories. Starting with an overview of the rich history of debate about this tradition, this book traces how and why territorial boundaries have remained a matter of controversy until today. It shows that they play a crucial role in current discussions of religious authority, identity, and the interpretation of the shariʿa in the West.
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1 online resource. :
Includes bibliographical references and index. :
9789004364578 :
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.
Shipwrecks, Legal Landscapes and Mediterranean Paradigms : Gone Under Sea /
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This book changes our understanding of the Roman conceptions about the sea by placing the focus on shipwrecks as events that act as bridges between the sea and the land. The study explores the different Roman legal definitions of these spaces, and how individuals of divergent legal statuses interacted within these areas. Its main purpose is to chart and analyse the Roman conception of the maritime landscape from the Late Republican until the Severan period. This book integrates maritime history and ethnography with the physical remains of past maritime systems, such as shipwrecks, ports, villages, fortifications, and documented legal rulings.
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This book challenges the Roman conceptions about the sea and maritime landscapes by placing the focus on shipwrecks as events that act as bridges between sea and land. It studies legal literature through the lens of the maritime cultural landscape theory.
Based on author's thesis (doctoral - Universidad de Alicante, 2014) issued under title: El edicto de incendio ruina naufragio rate nave expugnata (D. 47, 9, 1) : responsabilidad penal por cuestión de naufragio, :
1 online resource. :
Includes bibliographical references and index. :
9789004515802
9789004514980
Use and abuse of law in the Athenian courts.
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This timely volume brings together leading scholars and rising researchers in the field to examine the role played by the law in thinking and practice in the legal system of classical Athens. The aim is not to find a single perspective or method for the study of Athenian law but to explore the subject from a variety of different angles. The focus of the collection on 'use and abuse' raises fundamental questions about the status of law in the Athenian constitution as well as the use of law(s) in the courts, the nature of law itself, and the elusiveness of a definition of 'abuse'. An introduction sketches the major developments in the field over the last century.
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1 online resource. :
9789004377899
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.
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.
Sharia in Africa today : reactions and responses /
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Sharīʿa in Africa Today. Reactions and Responses explores how Islamic law has influenced relations between Muslims and Christians, through a series of case studies by young African scholars working in four African countries: in Sudan where total Sharīʿa was applied until recently; in Nigeria where the Northern states re-introduced Sharīʿa courts; in Kenya where the place of Islamic courts has been contested in constitutional debates; in Tanzania where Muslims are calling for the re-introduction of Islamic courts. Each chapter is based on research carried out by the authors, topics include: relations between Muslims and Christians; how Islamic law has impacted on women; new Islamic movements and the state. It is of importance to anyone interested in the impact of Sharīʿa in Africa today.
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1 online resource. :
Includes bibliographical references and index. :
9789004262126
The codification of Islamic criminal law in the Sudan. Penal codes and Supreme Court case law under Numayri and al-Bashir /
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In The Codification of Islamic Criminal Law in the Sudan , Olaf Köndgen offers an in-depth analysis of the Sudan's Islamized penal codes of 1983 and 1991, their historical, political, and juridical context, their interpretation in the case law of the Supreme Court, and their practical application. He examines issues that arise in sharīʿa criminal law, including homicide, bodily harm, unlawful sexual intercourse ( zinā , liwāṭ ), rape, unfounded accusation of unlawful sexual intercourse ( qadhf ), highway robbery ( ḥirāba ), apostasy ( ridda ), and alcohol consumption. Drawing on a wide range of primary and secondary sources, a large number of previously untapped Supreme Court cases, and interviews with judges and politicians, Köndgen convincingly explains the multiple contradictions and often surprising aspects of one of the Arab world's longest lasting applications of codified sharīʿa criminal law. Olaf Köndgen won the DAVO Dissertation Prize 2014 for his Ph.D. thesis. \'This extremely well-documented study represents a milestone for the discussion of Islamic criminal law in the Muslim world as a whole and in the Sudan especially. Olaf Köndgen fills an academic void; his work deserves the greatest recognition, for its extraordinary quality, its thoroughness and systematic approach.\' Prof. Günter Meyer, Johannes Gutenberg University Mainz
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1 online resource (450 pages) :
Includes bibliographical references and index. :
9789004357082 :
Available to subscribing member institutions only.
Minority religions under Irish law : Islam in national and international context /
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Minority Religions under Irish Law focuses the spotlight specifically on the legal protections afforded in Ireland to minority religions, generally, and to the Muslim community, in particular. Although predominantly focused on the Irish context, the book also boasts contributions from leading international academics, considering questions of broader global importance such as how to create an inclusive environment for minority religions and how to regulate religious tribunals best. Reflecting on issues as diverse as the right to education, marriage recognition, Islamic finance and employment equality, Minority Religions under Irish Law provides a comprehensive and fresh look at the legal space occupied by many rapidly growing minority religions in Ireland, with a special focus on the Muslim community.
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1 online resource. :
Includes bibliographical references and index. :
9789004398252
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
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.
Early Islamic law in Basra in the 2nd/8th century : Aqwāl Qatāda born Diʻāma al-Sadūsī /
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The manuscript of the Aqwāl Qatāda has repeatedly attracted particular interest among modern scholars, as it raises questions concerning the early development of the Ibāḍī Basran community and the emergence of Islamic jurisprudence in Iraq. It is a unique document because it attests to the existence of a scholarly link between Sunnīs and Ibāḍīs during the early development of Islamic law. The fact that the legal responsa and traditions of Qatāda born Diʿāma al-Sadūsī (60/680-117/735) are part of an Ibāḍī collection, in which the traditions of Ibāḍī Imam Jābir born Zayd (d. 93/ 711) have been transmitted through ʿAmr born Harim and ʿAmr born Dīnār, proves that the Ibāḍī lawyers of the first generations considered Qatāda to be a faithful upholder of Jābir's doctrine. Given the lack of material available for Jābir , instructions must have been given to collect whatever was transmitted through Qatāda. Qatāda's legal responsa must have corresponded to those of the first Ibāḍī authorities, which explains why the collator of the Aqwāl Qatāda (probably Abū Ghānim al-Khurāsānī) included them in an Ibāḍī manuscript. The present volume sheds light on the relationship between the Aqwāl Qatāda and Ibāḍī authorities such as al-Rabī, Abū Ubayda, and Jābir.
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1 online resource (516 pages) :
Includes bibliographical references and indexes. :
9789004339538 :
0929-2403 ; :
Available to subscribing member institutions only.
The impact of justice on the Roman Empire : proceedings of the thirteenth workshop of the International Network Impact of Empire (Gent, June 21-24, 2017) / edited by Olivier Hekste...
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The Impact of Justice on the Roman Empire discusses ways in which notions, practice and the ideology of justice impacted on the functioning of the Roman Empire. The papers assembled in this volume follow from the thirteenth workshop of the international network Impact of Empire. They focus on what was considered just in various groups of Roman subjects, how these views were legitimated, shifted over time, and how they affected policy making and political, administrative, and judicial practices. Linking all of the papers are three common themes: the emperor and justice, justice in a dispersed empire and differentiation of justice.
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1 online resource. :
Includes bibliographical references and index. :
9789004400474
Women judges in the Muslim world : a comparative study of discourse and practice /
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Women Judges in the Muslim World: A Comparative Study of Discourse and Practice fills a gap in academic scholarship by examining public debates and judicial practices surrounding the performance of women as judges in eight Muslim-majority countries (Indonesia, Malaysia, Pakistan, Syria, Egypt, Libya, Tunisia and Morocco). Gender, class, and ethnic biases are inscribed in laws, particularly in the domain of shariʿa -derived family law. Editors Nadia Sonneveld and Monika Lindbekk have carefully woven together the extensive fieldwork and expertise of each author. The result is a rich tapestry that brings out the various effects of women judges in the management of justice. In contrast to early scholarship, they convincingly prove that 'the woman judge' does not exist. Contributors are: Monique C. Cardinal, Jessica Carlisle, Monika Lindbekk, Rubya Mehdi, Valentine M. Moghadam, Najibah Mohd Zin, Euis Nurlaelawati, Arskal Salim, Nadia Sonneveld, Ulrike Schultz and Maaike Voorhoeve.
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1 online resource (xxii, 324 pages) : illustrations. :
Includes bibliographical references and index. :
9789004342200 :
1570-7628 ; :
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.
Legal and Political Philosophy /
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Legal and Political Philosophy , edited by Enrique Villanueva, is the first volume in the series Social, Political, and Legal Philosophy , published by Rodopi also under his editorship. It contains six original essays by leading political philosophers and philosophers of law (Waldron, Coleman, Postema, Shapiro, Sayre-McCord, and Kraus), along with critical papers on those essays, and replies. This is cutting edge work that elicits sharp responses already as it is published, with the debate joined as the authors reply. Social, Political, and Legal Philosophy is a new book series, edited by Enrique Villanueva, and published by Rodopi Publishers as part of Rodopi Philosophical Studies . The series will publish collections of new essays on topics in social or political or legal philosophy. New volumes will be published approximately every year or every other year.
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1 online resource :
Includes bibliographical references and index. :
9789004457911
9789042011038
Thinking like a lawyer : essays on legal history and general history for John Crook on his eightieth birthday /
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This is a book about the law and life of Rome-in which contributors respond to John Crook's injunction to 'think like lawyers' by ranging as far as ancient Greece, ancient Persia and modern Denmark to expound their themes and draw comparisons. An opening section focuses on Civil Law, more or less as conventionally conceived, with chapters on the peculium, on municipal law at Irni in Roman Spain, on advisers of Roman provincial governors, and on violent crime. Roman perceptions of the physical and human worlds are the focus of a second section, and comparisons between Greek, Roman and modern ways of thinking about law and government come into the third section. In the final section, contributors argue the history of law and life from refractions of real and imagined Rome.
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1 online resource (xii, 301 pages) :
Includes bibliographical references and index. :
9789047401384 :
0169-8958 ; :
Available to subscribing member institutions only.