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Early Mesopotamian Law

Author : Russ VerSteeg
ISBN : 0890899770
Genre : Law
File Size : 33.66 MB
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Russ VerSteeg is a Professor of Law at New England School of Law in Boston, Massachusetts.
Category: Law

State Formation And Political Legitimacy

Author : Ronald Cohen
ISBN : 1412835062
Genre : Political Science
File Size : 36.32 MB
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The evolution of the state from earlier forms of political organization is associated with revolutionary changes in the structure of inequality. These magnify distinctions in rank and power that outweigh anything previously known in so-called primitive societies. This volume explains how and why people came to accept and even identify themselves with this new form of authority. The introduction provides a new theory of legitimacy by synthesizing and uniting earlier theories from psychological, cultural-materialist, rational choice, and Marxist approaches. The case studies which follow present a wide range of materials on cultures in both Western and non-Western settings, and across a number of different historical periods. Included are examples from Africa, Asia, Europe, and the New World. Older states such as Ur, Inca, and medieval France are examined along with more contemporary states including Indonesia, Tanzania, and the revolutionary beginnings of the United States. Using a variety of approaches the contributors show in each instance how the state obtained and used its power, then attempted to have its power accepted as the natural order under the protection of supra-naturally ordained authority. No matter how tyrannical or benign, the cases show that state power must be justified by faith and experience that demonstrates its value to the participants. Through such analysis, the book demonstrates that states must be capable of enforcing their rule, but that they cannot deceive populations into accepting state domination. Indeed, the book suggests that social evolution moves toward less coercive rule and increased democratization. Ronald Cohen is a political anthropologist who has taught at the Universities of Toronto, McGill, Northwestern, and Ahmadu Bello, and is on the faculty of the University of Florida. He has carried out field research in Africa, the Arctic and Washington. His major works include The Kanuri of Borno, Dominance and Defiance, Origins of the State, and a book in preparation on food policy and agricultural transformation in Africa. Judith D. Toland is a lecturer at University College, Northwestern University, and the College of Arts and Sciences, Loyola University of Chicago. She is the director of her own corporate and non-profit consulting firm. She has done fieldwork in Ayacucho, Peru and has written widely on the Inca State.
Category: Political Science

Women Crime And Punishment In Ancient Law And Society

Author : Elisabeth Meier Tetlow
ISBN : 0826416292
Genre : History
File Size : 38.36 MB
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The ancient period of Greek history, to which this volume is devoted, began in late Bronze Age in the second millennium and lasted almost to the end of the first century BCE, when the last remnant of the Hellenistic empire created by Alexander the Great was conquered by the Romans. Extant texts of law of actual laws are few and often found embedded in other sources, such as the works of orators and historians. Greek literature, from the epics of Homer to the classical dramas, provides a valuable source of information. However, since literary sources are fictional portrayals and often reflect the times and biases of the authors, other more concrete evidence from archaeology has been used throughout the volume to confirm and contextualize the literary evidence about women, crime, and punishment in ancient Greece. The volume is divided into three parts: (I) Mykenean and Archaic Greece, (II) Classical Greece, and (III the Hellenistic Period. The book includes illustrations, maps, lists of Hellenistic dynasties, and Indices of Persons, Place and Subjects. Crime and punishment, criminal law and its administration, are areas of ancient history that have been explored less than many other aspects of ancient civilizations. Throughout history women have been affected by crime both as victims and as offenders. In the ancient world, customary laws were created by men, formal laws were written by men, and both were interpreted and enforced by men. This two-volume work explores the role of gender in the formation and administration of ancient law and examines the many gender categories and relationships established in ancient law, including legal personhood, access to courts, citizenship, political office, religious office, professions, marriage, inheritance, and property ownership. Thus it focuses on women and crime within the context of women in the society.
Category: History

Exploring Tort Law

Author : M. Stuart Madden
ISBN : 052185136X
Genre : Law
File Size : 79.62 MB
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This is a collection of scholarship from the most influential contributors regarding Torts law.
Category: Law

The Right To Be Punished

Author : Gabriel Hallevy
ISBN : 9783642323881
Genre : Law
File Size : 35.34 MB
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Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.
Category: Law

Studies In The Book Of The Covenant In The Light Of Cuneiform And Biblical Law

Author : Shalom Paul
ISBN : 9781597524797
Genre : Religion
File Size : 54.1 MB
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Contents Acknowledgements Abbreviations Foreword by Samuel Greengus 1. Introduction 2. Cuneiform Law 3. Cuneiform Prologues and Epilogues to Legal Collections 4. The Problem of Prologue and Epilogue to the Book of the Covenant and Leading Features of Biblical Law 5. Annotations to the Laws of the Book of the Covenant 6. Summary Appendix I. Verse Arrangement of the Laws of the Book of the Covenant Appendix II. Cuneiform and Biblical Legal Formulations Bibliography Index of Sources
Category: Religion

The Law S Beginnings

Author : Ferdinand Joseph Maria Feldbrugge
ISBN : 900413705X
Genre : Law
File Size : 32.17 MB
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Law, as we know it, with its rules and rituals, its procedures and professionals, has not been around forever. It came into being, it emerged, at different places and different times. Sources which allow us to observe the processes of law's beginnings have survived in some cases. In this book, scholars from various disciplines-linguists, lawyers, historians, anthropologists-present their findings concerning the earliest legal systems of a great variety of peoples and civilizations, from Mesopotamia and Ancient India to Greece and Rome, from the early Germanic, Celtic and Slavic nations, but also from other parts of the world. The general picture is complemented by an investigation into the Indo-European roots of a number of ancient legal systems, contributions from the point of view of legal philosophy and theory, and an overview of the insights gained.
Category: Law

The Oxford Handbook Of Ethical Theory

Author : David Copp
ISBN : 9780190208202
Genre : Philosophy
File Size : 27.21 MB
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The Oxford Handbook of Ethical Theory is a major new reference work in ethical theory consisting of commissioned essays by leading moral philosophers. Ethical theories have always been of central importance to philosophy, and remain so; ethical theory is one of the most active areas of philosophical research and teaching today. Courses in ethics are taught in colleges and universities at all levels, and ethical theory is the organizing principle for all of them. The Handbook is divided into two parts, mirroring the field. The first part treats meta-ethical theory, which deals with theoretical questions about morality and moral judgment, including questions about moral language, the epistemology of moral belief, the truth aptness of moral claims, and so forth. The second part addresses normative theory, which deals with general moral issues, including the plausibility of various ethical theories and abstract principles of behavior. Examples of such theories are consequentialism and virtue theory. As with other Oxford Handbooks, the twenty-five contributors cover the field in a comprehensive and highly accessible way, while achieving three goals: exposition of central ideas, criticism of other approaches, and putting forth a distinct viewpoint.
Category: Philosophy

Ezekiel In Context

Author : Brian Neil Peterson
ISBN : 9781630878061
Genre : Religion
File Size : 57.76 MB
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One of the most perplexing and misunderstood books of the Bible, Ezekiel has left many scholars and exegetes scratching their heads regarding its message, coherency, and interpretation. Brian Peterson's look at the book of Ezekiel as a unified whole set within an exilic context helps explain some of the more difficult symbolic aspects in the book and makes Ezekiel as a whole more intelligible. Drawing on ancient Near Eastern concepts and motifs such as covenant and treaty curses, the various gods that made up the Babylonian pantheon, and the position that Israel held as the people of Yahweh, Peterson enlightens readers by showing that Ezekiel can only be understood in its original context. By placing the book first in its historical context, Peterson demonstrates how the original hearers of its message would have understood it, and how this message can be appreciated and applied by people today as well.
Category: Religion

Introduction To Middle Eastern Law

Author : Chibli Mallat
ISBN : 9780191021725
Genre : History
File Size : 26.3 MB
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This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern Law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.
Category: History