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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.
On the Interface between Public and Private International Law /
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Our understanding of the operation of law beyond the nation State has been deeply shaped by two great disciplines: public and private international law. Yet surprisingly little systematic attention has been devoted to the relationship between the two. The public-private divide operates to separate the law that is concerned with the exercise of political power by States and the policy choices that we make for public purposes - the domain of public international law - from the exercise of economic power by corporations, regulated largely by private international law. In this first panoptic survey of the relation between the two fields, McLachlan argues that the neglect of this interface is highly consequential for our understanding of law's capacity to control the State and the corporation. Both are constructs of the law. But the function of law is not merely to empower and clothe these artificial persons with legal authority; it is also to impose legal responsibility, where the exercise of power gives rise to a breach and causes injury to others. Only by placing these two great systems side-by-side, can we see clearly where that responsibility lies and the necessary development of the law.
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1 online resource (416 pages) : illustrations. :
Includes bibliographical references and index. :
9789004735729
Pathos kai Nomos - Le traitement des affections dans les Lois de Platon /
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Les articles de ce recueil étudient différentes questions relatives à la relation entre les affections, les lois et la rationalité dans les Lois de Platon, notamment la fonction et le contenu des préludes, l'ignorance et la colère dans la pénologie, la religion et l'impiété, l'éducation et le plaisir. The chapters of this collection address various topics concerning the relationship between affects, laws and rationality in Plato's Laws , including the function and content of the preludes, ignorance and anger in penology, religion and impiety, education and pleasure.
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1 online resource (246 pages) : illustrations. :
Includes bibliographical references and index. :
9789004727045