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Legal fiction s studies of law and narrative in the discursive worlds of ancient Jewish sectarians and sages /
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Ancient Jewish writings combine interpretive narratives of Israel's sacred history with legal prescriptions for a divinely ordered way of life. Two ancient Jewish societies have left us extensive textual corpora preserving interpenetrating legal and narrative interpretive teachings: the sectarian community of the Dead Sea Scrolls and the sage-disciple circles of the early Rabbis. This book comprises studies that explore specific aspects of the interplay of interpretative, narrative, and legal rhetoric with an eye to pedagogic function and social formation for each of these communities and for both of them in comparison. It addresses questions of how best to approach these writings for purposes of historical retrieval and reconstruction by recognizing the inseparability of literary-rhetorical textual analysis and a non-reductive historiography.
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1 online resource. :
Includes bibliographical references and indexes. :
9789004201842 :
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.
Legal texts and legal issues : proceedings of the second Meeting of the International Organization...
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This volume contains the papers presented to the second meeting of the International Organization for Qumran Studies, held in Cambridge (UK) in 1995. The papers, all dealing with the theme of the meeting, Legal Texts and Legal Issues , are arranged into five sections. The first section, 'New Texts', contains publications of legal texts, including a copy of the Temple Scroll from Cave 4. Section two presents studies on different aspects of 4QMMT, from its use of Scripture to its concept of Holiness and its relevance for understanding the history of Qumran. The following two sections contain studies on legal texts and legal issues, such as purity, divorce, and sabbath legislation. The final section, 'Qumran and the New Testament', focuses on the importance of the Qumran texts for the study of the New Testament. The volume is published in honour of Joseph M. Baumgarten, and it contains an appreciation of Baumgarten's work, as well as his bibliography.
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1 online resource (xxv, 539 pages) : illustrations. :
Includes bibliographical references and indexes. :
9789004350250 :
0169-9962 ; :
Available to subscribing member institutions only.
Wood, Trade, and Spanish Naval Power (c.1740-1795) /
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By focussing on timber sourcing, this book sheds light on the exploitation of forests in settings outside the Iberian Peninsula, including foreign states in the southern Baltic region and the colonial territory of New Spain between the c.1740-1795. Analysis of contracts, projects, and their implementation by the Spanish crown in the 18th century allow for a better understanding of the position of the Spanish monarchy's nearly global efforts to sustain its naval commitments in the Atlantic World.
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1 online resource (260 pages) : illustrations. :
Includes bibliographical references and index. :
9789004689640
The political economy of classical Athens : a naval perspective /
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Recently there has been a welcome revival of scholarly interest in the economy of classical Greece. In the face of increasingly compelling arguments for the existence of a market economy in classical Athens, the Finleyan orthodoxy is finally relinquishing its long dominion. In this book, Barry O'Halloran seeks to contribute to this renewed debate by re-interrogating the ancient evidence using more recent economic interpretative frameworks. The aim is to re-evaluate accepted orthodoxies and present the economic history of this emblematic city-state in a new light. More specifically, it analyses the economic foundations of Athens through the prism of its navy. Its macroeconomic approach utilises an employment-demand model through which enormous naval defence expenditures created an exceptional period of demand-led economic growth.
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1 online resource. :
Includes bibliographical references and index. :
9789004386150 :
2352-8656 ;
Xerxes' Greek adventure : the naval perspective /
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This volume deals with Xerxes' invasion of Greece (480 B.C.), particularly as a naval operation. It examines the traditions preserved by Aischylos, Herodotos, and others against the background of the revolutionary naval developments in the period preceding Xerxes' decision to attack. Among the subjects discussed are: the naval pressure on Persian foreign policy; the strength in numbers of the Persian navy in 480; its deployment in the waters of Salamis related to the physical features of the battlefield and the position of the Greeks; Themistokles' legendary message as a key to the Persian plan of attack; the quality of the opposing ships and their tactical capabilities; the battle of Salamis itself and its outcome. The book includes maps and a photograph of the area discussed.
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1 online resource (x, 174 pages) : maps. :
Includes bibliographical references (p. 160-162) and indexes. :
9789047406549 :
0169-8958 ; :
Available to subscribing member institutions only.
Islamic legal thought : a compendium of Muslim jurists /
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In Islamic Legal Thought: A Compendium of Muslim Jurists , twenty-three scholars each contribute a chapter on a distinguished Muslim jurist. The volume is organized chronologically and it includes jurists who represent the formative, classical and modern periods of Islamic legal thought. Each chapter contains both a biography of an individual jurist and a translated sample of his work. The biographies emphasize the scholarly milieu in which the jurist worked-his teachers, colleagues and pupils, as well as the type of juridical thinking for which he is best known. The translated sample highlights the contribution of each jurist to the evolution of both the method and the methodology of Islamic jurisprudence. The introduction by the volume's three editors, Oussama Arabi, David S. Powers and Susan A. Spectorsky, provides a concise overview of the contents. Contributors include: Oussama Arabi, Murteza Bedir, Jonathan E. Brockopp, Robert Gleave, Camilo Gómez-Rivas, Mahmoud O. Haddad, Peter C. Hennigan, Colin Imber, Samir Kaddouri, Aharon Layish, Joseph E. Lowry, Muhammad Khalid Masud, Ebrahim Moosa, David S. Powers, Yossef Rapoport, Delfina Serrano Ruano, Susan A. Spectorsky, Devin J. Stewart, Osman Tastan, Etty Terem, Nurit Tsafrir, Bernard G. Weiss, Hiroyuki Yanagihashi.
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1 online resource (xv, 590 pages) :
Includes bibliographical references (p. 533-561) and indexes. :
9789004255883 :
1384-1130 ; :
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
Consular Jurisdiction : On the History of the Judicial Functions of Consulates (12th-20th Century) /
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For today's practitioners, the history of the judicial functions of consulates is far more colourful and obscure than modern consular law might suggest. Take, for instance, Consul Annibale de Rossetti in Egypt, who had to arbitrate a lawsuit between two German merchants and was completely overwhelmed. De Rossetti neither knew German nor was he familiar with the law he was expected to apply. Modern consuls often react with disbelief at the fact that their predecessors acted not only as judges, but also as regulatory authorities and bailiffs. This volume brings together contributions on the history of the legal roles and functions of consulates, spanning from America to China and from their origins in the Middle Ages to the modern consulate. Contributors are: Marcella Aglietti, Eleonora Angella, Arnaud Bartolomei, Thibault Bechini, Giorgio Ennas, Ana Belem Fernández Castro, Juliette Françoise, Laura Galoppini, Sacha Gauthier Olssy, Thomas Gidney, Berna Kamay-Ulusay, Jessica Marglin, Cédric Quertier, Lars Regula, Victor Simon, Jörg Ulbert, and Dominique Valérian. L'histoire des fonctions judiciaires des consulats est bien plus riche et obscure pour les praticiens d'aujourd'hui que ne le laisse penser le droit consulaire moderne. Par exemple, lorsque le consul Annibale de Rossetti, en Égypte, dut trancher un litige entre deux commerçants allemands, il fut dépassé par la situation. De Rossetti ne connaissait ni l'allemand, ni le droit qu'il était censé appliquer. Les consuls modernes réagissent souvent avec incrédulité en apprenant que leurs prédécesseurs exerçaient à la fois les fonctions de juges, d'autorités réglementaires et d'huissiers de justice. De volume réunit des contributions portant sur l'histoire des rôles et fonctions juridiques des consulats, de l'Amérique à la Chine, depuis leurs origins au Moyen Âge jusqu'au consulat moderne.
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1 online resource (400 pages) : illustrations. :
Includes bibliographical references and index. :
9789004755192
Locating the Sharīʿa : Legal Fluidity in Theory, History and Practice /
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The study of the sharīʿa has enjoyed a renaissance in the last two decades and it will continue to attract interdisciplinary attention given the ongoing social, political and religious developments throughout the Muslim world. With such a variety of debates, and a corresponding multitude of theoretical methods, students and non-scholars are often overwhelmed by the complexity of the field. Even experts will often need to consult multiple sources to understand these new voices and provide accessible answers to specialist and non-specialist audiences alike. This volume is intended for both the novice and expert as a companion to understanding the evolution of the field of Islamic law, the current work that is shaping this field, and the new directions the sharīʿa will take in the twenty-first/fifteenth century. Contributors are Khaled Abou El Fadl, Asma Afsaruddin Ahmad Ahmad, Sarah Albrecht, Ovamir Anjum, Dale Correa, Robert Gleave, Sohail Hanif, Rami Koujah, Marion Katz, Asifa Quraishi-Landes, David Warren and Salman Younas.
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1 online resource. :
Includes bibliographical references and index. :
9789004391710 :
Available to subscribing member institutions only.
The Birth of a Legal Institution : The Formation of the Waqf in Third-Century A.H. Ḥanafī Legal Discourse /
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This book present the first sustained analysis of the earliest legal treatises on the Islamic trust, or waqf -- the Aḥkām al-Waqf of Hilāl al-Ra᾿y and the Aḥkām al-Awqāf of al-Khaṣṣāf. The book situates the treastise and their authors within third/ninth century legal culture, and then undertakes a systematic textual analysis of the treatises, examining both the attributes of Ḥanafī legal discourse and how the waqf came to be defined and situated within existing categories of charitable giving, inheritance, bequest and death-sickness. The final chapter focuses on how the waqf was legitimated hermeneutically through traditions of the Prophet and his Companions. The close textual analysis of these treatises is especially important for historians of early Islamic law.
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1 online resource. :
Includes bibliographical references and index. :
9789047402213
9789004130296