The legal methodology of late Nehardean sages in Sasanian Babyloni a
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This book consists of a systematic analysis of the halakhic/legal methodology of fourth and fifth century Nehardean amoraim in Babylonia (as well as their identity and dating). The book uncovers various distinct characteristics present in the halakhic decision making and source interpretation, and demonstrates how certain amoraim can be characterized as portraying consistent interpretive and legal approaches throughout talmudic literature. Understanding the methodological characteristics that distinguish some amoraim from other amoraim can aid the talmudic interpreter/scholar in clarifying the legal foundations of their rulings, the proofs that they bring within talmudic discourse, as well as their disputes and interpretations. This allows a better understanding of the development of Jewish Law and the legal system in talmudic Babylonia.
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1 online resource. :
Includes bibliographical references. :
9789004193826 :
Available to subscribing member institutions only.
A History of the Early Islamic Law of Property : Reconstructing the Legal Development, 7th-9th Centuries /
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The present book is devoted to an analysis of positive solutions concerning matters related to civil liability, certain kinds of sale that would evolve into agency and some forms of partnership, and the prohibition of ribā. The analysis has two aims. First, it attempts to trace the process by which some hitherto unclarified institutions and transactions were elaborated to form an integral part of the classical Islamic law of property. The second aim to determine how and why the teachings of particular jurists became predominant in Iraq and Medina and laid the foundation of the Ḥanafī and the Mālikī schools of law in each respective region.
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1 online resource. :
Includes bibliographical references and index. :
9789047413417
9789004138490
Limits of Freedom of Public Authorities with Respect to Obtaining Evidence at the Stage of Investigation : A Comparative Legal Study /
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Any democratic legal system recognizes that the pursuit of the truth about a crime must have impassable limits, and that in contemporary legal systems the public authorities' principle of freedom to obtain evidence in criminal proceedings is not absolute. Drawing these boundaries is a permanent process, which produces universal legal problems of fundamental practical importance. This book addresses the fundamental importance of the protection of the individual from potential actions of state bodies that violate legally marked boundaries. Contributors synthesize knowledge about the admissibility of evidence in criminal procedure, evidence that must not be used or should not be used under certain circumstances, and the conditions for the admissibility of unlawfully obtained evidence. This comparative analysis of national evidentiary procedures is an essential showcase of certain legislative patterns and similarities between individual legal systems. See Less
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1 online resource (285 pages) : illustrations. :
Includes bibliographical references and index. :
9789004710320
Humanitarian law of armed conflict challenges ahead : essays in honour of Frits Kalshoven /
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The collection of essays is entitled `Challenges Ahead'. An ambitious title, but an appropriate one; for the contributors, as the 21st century draws near, ask themselves a number of basic questions about the future of the law in a world undergoing such profound changes. Their reflections will certainly give both cause for hope and reason to fear. This Liber Amicorum dedicated to Professor Frits Kalshoven, is written by specialists who for many years have given their best to the development and promotion of humanitarian law. It will make a significant contribution to the understanding of international humanitarian law. See Less
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1 online resource (704 pages) : illustrations. :
Includes bibliographical references and index. :
9789004636071
Ibn Ḥazm of Cordoba : the life and works of a controversial thinker /
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This volume represents the state of the art in research on the controversial Muslim legal scholar, theologian and man of letters Ibn Ḥazm of Cordoba (d. 456/1064), who is widely regarded as one of the most brilliant minds of Islamic Spain. Remembered mostly for his charming treatise on love, he was first and foremost a fierce polemicist who was much criticized for his idiosyncratic views and his abrasive language. Insisting that the sacred sources of Islam are to be understood in their outward sense and that it is only the Prophet Muḥammad whose example may be followed, Ibn Ḥazm alienated himself from his peers. As a result, his books were burned and he was forced to withdraw from public life. Contributors are: Camilla Adang, Hassan Ansari, Samuel-Martin Behloul, Alfonso Carmona, Leigh Chipman, Maribel Fierro, Alejandro García Sanjuán, Livnat Holtzman, Samir Kaddouri, Joep Lameer, Christian Lange, Gabriel Martinez Gros, Luis Molina, Salvador Peña, Jose Miguel Puerta Vilchez, Rafael Ramón Guerrero, Adam Sabra, Sabine Schmidtke, Delfina Serrano, Bruna Soravia, Dominique Urvoy, Kees Versteegh and David Wasserstein.
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1 online resource (xxi, 804 pages) : illustrations, maps. :
Includes bibliographical references and indexes. :
9789004243101 :
0169-9423 ; :
Available to subscribing member institutions only.
Between orality and literacy : communication and adaptation in antiquity /
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The essays in Between Orality and Literacy address how oral and literature practices intersect as messages, texts, practices, and traditions move and change, because issues of orality and literacy are especially complex and significant when information is transmitted over wide expanses of time and space or adapted in new contexts. Their topics range from Homer and Hesiod to the New Testament and Gaius' Institutes , from epic poetry and drama to vase painting, historiography, mythography, and the philosophical letter. Repeatedly they return to certain issues. Writing and orality are not mutually exclusive, and their interaction is not always in a single direction. Authors, whether they use writing or not, try to control the responses of a listening audience. A variable tradition can be fixed, not just by writing as a technology, but by such different processes as the establishment of a Panhellenic version of an Attic myth and a Hellenistic city's creation of a single celebratory history.
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1 online resource (pages) :
Includes bibliographical references and index. :
9789004270978 :
0169-8958 ; :
Available to subscribing member institutions only.
Research in the Social Scientific Study of Religion, Volume 32 : Lesser Heard Voices in Studies of Religion /
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The present volume brings together scholars from all over the world in an open section and three special sections that explore how lesser-heard and unheard voices may be studied. Special section 1, Religion in Higher Education interrogates lived experiences of religion in higher education contexts and how certain voices are marginalised and minoritised. Special section 2, Cultural Blindness in Psychology, explores how culture as a lived experience, especially in its religious dimension, is rendered invisible in psychological science. Finally, special section 3 entitled Religious Authority in Practice in Contemporary Evangelical, Charismatic, and Pentecostal Christianity outlines "evangelicalism" and introduces "authority" as a sociological concept from various theoretical perspectives.
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The present volume explores lesser-heard and unheard issues in the study of religion. Among other things, lived experiences of religion in higher education are interrogated; culture is studied as lived experience; and "evangelicalism" is outlined as an emic and etic concept. :
1 online resource. :
Includes bibliographical references and index. :
9789004505315
9789004505308
Renaissance Philosophy in Jewish garb : foundations and challenges in Judaism on the eve of modernity /
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Based on several years of research on Jewish intellectual life in the Renaissance, this book tries to distinguish the coordinates of "modernity" as premises of Jewish philosophy, and vice versa. In the first part, it is concerned with the foundations of Jewish philosophy, its nature as philosophical science and as wisdom. The second part is devoted to certain elements and challenges of the humanist and Renaissance period as reflected in Judaism: historical consciousness and the sciences, utopian tradition, the legal status of the Jews in Christian political tradition and in Jewish political thought, aesthetic concepts of the body and conversion.
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1 online resource. :
Includes bibliographical references (p. [255]-270) and index. :
9789047425281 :
Available to subscribing member institutions only.
Qāmūs al-baḥrayn : Matn-i kalāmi-yi fārsi-yi taʾlīf bih sāl-i 814 qamarī /
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Muḥammad Abu ʼl-Faḍl Muḥammad's (fl. ca. 800/1400) Persian Qāmūs al-baḥrayn was written in 814/1411. About the author's life and times nothing is known other than that his nickname 'Ḥamīd Muftī' points at a certain level of expertise in the legal profession. Being a theological summa, the Qāmūs al-baḥrayn stands in a long tradition. The author used numerous theological and philosophical sources, referring explicitly to such authorities as Avicenna (d. 428/1037), Suhrawardī (d. 587/1191), Fakhr al-Dīn Rāzī (d. 606/1210), and Naṣīr al-Dīn Ṭūsī (d. 672/1274). The work contains so many obvious borrowings from Rāzī that the Qāmūs al-baḥrayn is factually an exposition of his thought. In the edition, a special effort was made to point this out in each case where a concrete reference could be given. There are few theological summae in Persian; readers of Persian will therefore be delighted to discover this comprehensive work and its mellifluous style of composition.
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1 online resource. :
9789004395428
9789004395220
International Law in Search of Rebalance /
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Is the nature of international law today essentially different from the past five centuries, or does it reflect a gradual transformation within certain basic principles that remain unaltered? This book considers the profound structural changes of international law, in line with the requirements of globalization, and tracks the law's evolution over the centuries with special regard to the dichotomy between idealism and pragmatism. International law was the vocation and passion of Francisco Orrego Vicuña, who dedicated his life to the observation, study, teaching and practice of this important legal discipline. He was a privileged witness of the great advances and changes that international law has undergone in the last 50 years, and this book - with an Introduction by Rüdiger Wolfrum and Michael Wood and the assistance of Simon C. Milnes - is the result of years of work and research. It is, posthumously, his magnum opus.
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1 online resource (414 pages) : illustrations. :
Includes bibliographical references and index. :
9789004721388
On virtue s
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In the treatise On Virtues (part of his so-called Exposition of the Law), Philo of Alexandria demonstrates how Moses, his laws, and the nation constituted by these laws each embody certain widely-discussed moral values, specifically, courage (andreia), humanity (philanthropia), repentance (metanoia), and nobility (eugeneia). Although it makes extensive use of material drawn from the Pentateuch, what the treatise provides is far more than a commentary on scripture. Rather, it contributes to a sophisticated apologetic reconstruction of Jewish origins, idealized according to the principles of both Greek philosophy and Roman political culture. Guided by such principles, Philo endeavors to establish the moral, legal, and social status of Judaism within the Greco-Roman world.
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1 online resource. :
Includes bibliographical references (p. [419]-448) and indexes. :
9789004190375 :
Available to subscribing member institutions only.
Judge Manfred Lachs and Judicial Law-Making : Opinions on the International Court of Justice, 1967-1993 /
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This volume, the second in the series The Judges , which collects and synthesizes the opinions of leading international contemporary judges who have contributed significantly to the progressive development of international law, is devoted to the work of Judge Manfred Lachs, who was elected to the International Court of Justice in 1967. In his Foreword to the study, UN Secretary General Boutros Boutros-Ghali says of Lachs that ` His contribution to jurisprudence is especially noteworthy. He initiated a significant part of the jurisprudence of the Court in the area of human rights. He contributed to the formulation of the right to self-determination, helped to develop the law of the sea, and participated in the work of the Court in many other areas. But, above all, he was at the forefront of the most progressive battles of the Court, demonstrating great personal courage and great analytical rigour. As President of the Court, he showed a constant interest in improving its procedures and developing relations between the judicial organ and other organs of the United Nations. ' Edward McWhinney's masterly essay, which precedes extracts from Manfred Lachs' Opinions and from some Judgements in which he played a crucial role, is essential reading for all those interested in the World Court, as well for Manfred Lachs' countless admirers, students and colleagues. See Less
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1 online resource (424 pages) : illustrations. :
Includes bibliographical references and index. :
9789004635067
Rethinking Halal : Genealogy, Current Trends, and New Interpretations /
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"This book invites to rethink certain aspects of halal, and in particular the issue of the halal market and halal certification in Muslim-minority contexts. Rather than limiting itself to elucidating the doctrinal traditions relating to halal/haram, or on the contrary, focusing only on the external economic, financial, political or demographic factors that explain the changes taking place, Rethinking Halal shows the need to underline the points of balance between the aspects of religious doctrine on the one hand and the economic or political contextual aspects on the other hand. Through the study of various countries, Rethinking Halal demonstrates that Islam underwent a process of positivisation, that is, a kind of reframing of its rules and principles through the lens of a characteristically modern standardising, scientificising, and systematising mind. Contributors are Ayang Utriza Yakin, Louis-Léon Christians, Baudouin Dupret, Jajat Burhanudin, Syafiq Hasyim, Zaynab El Bernoussi, En-Chieh Chao, Rossella Bottoni, Lauren Crossland-Marr, Konrad Pędziwiatr, Matteo Benussi, Harun Sencal and Mehmet Asutay"--
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1 online resource. :
Includes bibliographical references and index. :
9789004459236
9789004459229
Smart Technologies and Fundamental Rights /
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"Smart Technologies and Fundamental Rights covers a broad range of vital topics that highlight the ethical, socio-political, and legal challenges as well as technical issues of AI with respect to fundamental rights. Either humanity will greatly profit from the use of AI in almost all domains in human life that may eventually lead to a much better and more humane society. Or, it could be the case that people may misuse AI for idiosyncratic purposes as well as intelligent machines may turn against human beings. Therefore, we should be extremely cautious with respect to the technological development of AI because we might not be able to control the machines once they reached a certain level of sophistication"--
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1 online resource. :
Includes bibliographical references and index. :
9789004437876
9789004436732
The archive of Thotsutmis, son of Panouphis : early Ptolemaic ostraca from Deir el Bahari (O. Edgerton)
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List of Abbreviations List of Papyrological Symbols List of Figures List of Plates List of Tables Acknowledgments Preface on Translations Bibliography 1. Introduction 2. Identification, Discovery, and History of the Archive 3. A Family Archive from Western Thebes in the Third Century BC 4. The Life and Times of Thotsutmis, Son of Panouphis, and His Family 5. Catalog of the Ostraca from the Archive of Thotsutmis, Son of Panouphis 6. Appendices Indices Plates
The Jerusalem Question and Its Resolution: Selected Documents /
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It is universally accepted that Jerusalem is a unique city. It stirs up strong emotions among adherents of various religions as it is the centre of three religions, and it is the subject of conflicting national aspirations of two peoples. The diverse attitudes and wishes associated with the city are expressed, inter alia , in certain documents. This collection presents the most important of these documents. This will help the reader to understand the difficulties and may assist in the search for solutions. There may be differences of opinion over historical facts and documents may be subject to differing interpretations. Convenient access to the relevant documents is a prerequisite for any attempt to understand the problem and seek solutions. The collection includes documents concerning the status of Jerusalem from the point of view of Israel's law and administration, as well as documents from the Arab world and from the international sphere. The editors have focused on official documents and in particular on those that have had a practical influence on the status of the city, or are likely to do so in the future. The collection will assist students and scholars who seek to understand the special status of Jerusalem, as well as politicians and diplomats who are responsible for ensuring its welfare and prosperity.
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1 online resource (576 pages) : illustrations. :
Includes bibliographical references and index. :
9789004638969