Beyond legal minds : sex, social violence, systems, methods, possibilities /
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In this book, William Brant uncovers social causes of violence, in search of reductive measures. Multiple legal systems are explored as reducers and implementers of violence and threats, especially criminal justice systems. War, propagandizing, power, corporate and governmental involvement in social domination, statehood, dangerous ideologies, and tribal sexual domination are explored in many cultures. Various levels and methods are given for observing, measuring and analyzing how people think and behave regarding the law, including examples of comedy. A theoretical chapter presents legal theory in relation to conceptions of possibility and misconceptions. These ideas are applied to judiciaries, which expose winning strategies for lawyers' desired verdicts. Dr. Brant accounts for the interconnections between sexual selection, legal systems and wars.
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1 online resource. :
Includes bibliographical references and index. :
9789004385955 :
0929-8436 ;
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
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.
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.
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.
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
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.
God in the courtroom : the transformation of courtroom oath and perjury between Islamic and Franco-Egyptian law /
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This volume compares the courtroom oaths of both Islamic and modern Egyptian legal systems, blending elements of legal history, comparative law, theology, philosophy and culture. Until now, academic research has paid little attention to the subject of the courtroom oath in the Islamic or Egyptian legal systems. As such, it might appear as if modern legislation in the Arab world on this subject forms the natural continuation of Islamic law, or that there are no significant differences between these two legal approaches. This unique study seeks to rectify this impression by examining the institution of the courtroom oath on the basis of three criteria: Islamic law, which discusses the oath in the context of the judicial proceeding, including debate between different schools and interpreters; the sources and approach of Arab law on this subject; and, lastly, the core of this book - a detailed legal comparison between the Islamic oath and the Arab oath. In itself, this is a study in legal history examining the origins, character, sources,and doctrines of the oath in Arab law and at the same time, it is a comparative study of Islamic and contemporary Arab law in this field.
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1 online resource (xiii, 412 pages) : illustrations. :
Includes bibliographical references (p. [397]-404) and index. :
9789004217515 :
1384-1130 ; :
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.
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.
Law : metaphysics, meaning, and objectivity /
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Papers in philosophy of law by some of the younger cutting-edge contributors to the field. Two sets of issues of crucial current importance are taken up. The first part deals with issues of meaning and objectivity in the metaphysics of law. The second part is about rights theory. This volume will be required reading for anyone interested in philosophy of law, and also of use for those with broader interests in ethics, metaethics, and social and political philosophy.
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1 online resource (335 pages) :
Includes bibliographical references. :
9789401205658 :
Available to subscribing member institutions only.
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
Appeal to the people's court : rethinking law, judging, and punishment /
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In Appeal to the People's Court: Rethinking Law, Judging, and Punishment , Vincent Luizzi turns to the goings on in courts at the lowest level of adjudication for fresh insights for rethinking these basic features of the legal order. In the pragmatic tradition of turning from fixed and unchanging conceptions, the work rejects the view of law as a set of black and white rules, of judging as the mechanical application of law to facts, and of punishment as a necessary, punitive response to crime. The author, a municipal judge and philosophy professor, joins theory and practice to feature the citizen in rethinking these institutions. The work includes a foreword by Richard Hull, special Guest Editor for this volume in Studies in Jurisprudence.
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1 online resource. :
Includes bibliographical references and index. :
9789004365711 :
0929-8436 ; :
Available to subscribing member institutions only.
Essen im antiken Judentum und Urchristentum : Diskurse zur sozialen Bedeutung von Tischgemeinschaft, Speiseverboten und Reinheitsvorschriften /
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In Essen im antiken Judentum und Urchristentum untersucht Christina Eschner die Auseinandersetzungen zum jüdischen Gesetz innerhalb des Urchristentums vor dem Hintergrund vergleichbarer Diskurse im antiken Judentum. Ziel ist es, die urchristliche Praxis des Gesetzes in ihrem größeren Kontext darzustellen und ihr gegebenenfalls einen bestimmten Platz im facettenreichen Bild der zeitgenössischen jüdischen Strömungen zuzuweisen. Dabei finden Schriften aus Qumran, dem griechischsprachigen und dem rabbinischen Judentum Berücksichtigung. Der Fokus liegt auf Vorschriften zu verbotenen Speisen, zur Tischgemeinschaft und zur erlaubten Art und Weise der Nahrungsaufnahme. Auch pagane Traditionen werden einbezogen. Damit ist diese Studie besonders interdisziplinär ausgerichtet. Sie bewegt sich an der Schnittstelle zwischen Themenfeldern der neutestamentlichen Wissenschaft, der Altphilologie, der Alten Geschichte und der Judaistik. Sie kommt zu dem Ergebnis, dass die urchristlichen Diskurse zum Essen nicht auf eine vollständige Abschaffung der entsprechenden jüdischen Gesetzesanordungen zielen. In Essen im antiken Judentum und Urchristentum Christina Eschner examines the Early Christian disputes about the Jewish law against the background of Ancient Jewish discourses on commands of the law, in order to situate the Early Christian practice of the law within its broader context. Jewish sources include the Dead Sea Scrolls, Jewish writings in Greek and early rabbinic texts. This study focusses on rules concerning prohibited food, table fellowship and the permissible way of food intake. Pagan traditions are also considered. Thus, the work has an interdisciplinary orientation, discussing issues at the junction of New Testament studies, Classics, Ancient History and Jewish studies. It concludes that Early Christian food discourses do not aim for the complete abolition of the law.
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1 online resource. :
Includes bibliographical references and index. :
9789004391901 :
Available to subscribing member institutions only.
Anthropology of law in Muslim Sudan. Land, courts and the plurality of practices /
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Anthropology of Law in Muslim Sudan analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society. It is the outcome of the international research program ANDROMAQUE ( Anthropologie du Droit dans les Mondes Musulmans Africains et Asiatiques ), funded by the French ANR ( Agence National de la Recherche ) between 2011 and 2014. Crossing two disciplinary perspectives, anthropology and law, the present volume contains original fieldwork data on contemporary urban and rural Sudan. Focusing on two major domains, land property and courts, several case studies demonstrate the relevance of an approach based on "legal practices" to underline, first, the plurality and hybridity of law systems and the relative role of the Islamic reference in Sudanese society, and, secondly, the reshaping of legal behaviors and norms after the breaking point of South Sudan's independence in 2011. Contributors are: Zahir M. Abdal-Kareem; Azza A. Abdel Aziz; Musa A. Abdul-Jalil; Munzoul M.A. Assal; Mohamed A. Babiker; Yazid Ben Hounet; Barbara Casciarri; Baudoin Dupret; Philippe Gout; Enrico Ille.
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1 online resource (xxvii, 315 pages) :
9789004362185 :
Available to subscribing member institutions only.
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
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
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.