scholarly journals DIVINITY, LAW, AND THE LEGAL TURN IN THE STUDY OF RELIGIONS

2017 ◽  
Vol 32 (1) ◽  
pp. 172-184
Author(s):  
Joseph E. David
Keyword(s):  

While histories of ideas in premodern perspectives habitually understood history as divisions of fixed periods, modernists tend to narrate these histories in terms of flowing streams curving through timelines, intersections, and junctions. Crucial moments, accordingly, are turns and returns, shifts and orientations. I am not sure what it takes to diagnose and proclaim an intellectual turn or how to affirm or refute such a phenomenon, but I take the audacious risk and argue that the last couple of decades have seen a “legal turn” in the study of religions—a renewed focus on legal aspects of religion that includes legal concepts, theories, and practices.

2014 ◽  
Vol 6 (1) ◽  
pp. e2014033
Author(s):  
Giuseppe Vetrugno ◽  
Fabio De Giorgio ◽  
Francesco D'Alessandro

Tuberculosis is a diffusive infectious disease whose typical behavior differentiates it from other infectious diseases spread by human-to-human transmission (flu, chicken pox, cholera, etc.) which follow a classically epidemic pattern. Indeed, in the presence of a known source of Koch bacilli capable of spreading them by air, not all exposed individuals inhale the bacteria, not all those who inhale them absorb them, not all those who absorb them are unable to eliminate them, not all who are able to eliminate them do so using delayed hypersensitivity, not all those who react with delayed hypersensitivity suffer lasting tissue damage (among other things, minor), not all who suffer tissue damage have anatomical sequelae, not all those who have anatomical sequelae, however minimal, become carriers of bacilli in the latent period. The vast majority (90-95%) of the latter – which are in any case a portion, not the totality of those exposed – remain asymptomatic throughout their lives and never develop active tuberculosis. Based on these biological characteristics and the legal concepts of “epidemic” and “disease,” it becomes highly problematic, if not impossible, to assert both that tuberculosis can cause events of sufficient magnitude to be associated with the crime of “epidemic,” and that the mere diagnosis of a latent tuberculosis infection is sufficient to assume the presence of an illness legally prosecutable in criminal proceedings or a disability prosecutable in civil proceedings. Further, clinically apparent tuberculosis is a temporarily—in some cases permanently—disabling condition, and in certain work environments, even with the difficulties caused by the lack of available effective diagnostic tools and the insidious behavior of the disease in the early stages, it appears appropriate to engage in targeted monitoring, also for the early identification of persons who may become ill.


1956 ◽  
Vol 6 ◽  
pp. 1-19 ◽  
Author(s):  
W. G. Hoskins

English historians have concentrated almost exclusively upon the constitutional and legal aspects of town development. They have concerned themselves with the borough rather than the town, with legal concepts rather than topography or social history, just as the agrarian historians have been pre-occupied with the manor rather than the village. Local historians of towns and villages have, with two or three notable exceptions, followed suit in this ill-balanced emphasis. The result is that we know surprisingly little about the economy, social structure, and physical growth of English towns before the latter part of the eighteenth century.


2020 ◽  
pp. 153-166
Author(s):  
Katarzyna Leśkiewicz

From a legal point of view, there may be doubts as to the legal qualification of food obtained in vitro from animal cells. An opinion is expressed in the article that meat from animal cells obtained using the in vitro method does not fall within the classical legal concepts of meat or agricultural production. However, meat products from cells produced by the in vitro method may satisfy the criteria established for novel food. If this is considered to be the correct way of qualification, then they should be subject to the EU market authorisation procedure regulated in Regulation 2015/2283, and a subsequent assessment of their safety. From a legal, economic and social point of view, it is reasonable to produce food using atypical methods if these methods are capable of ensuring food safety.


Author(s):  
Bart Wauters

Abstract In this article, my objective is to provide an understanding of Isidore of Seville’s enormously influential definition of ius gentium in its own right. Recent studies have primarily focused on the legal aspects of Isidore’s conception of ius gentium. However, while Isidore as a man of learning was familiar with the legal categories he used, it is by no means certain that his understanding of legal concepts would match that of a contemporary jurist. Isidore was a theologian, and there are strong indications that he was more than a mere transmitter of classical knowledge. In this article, I show that he was an original thinker whose conception of ius gentium contained several innovative features that could not be fully grasped without a deep understanding of his theological ideas based on Augustine and Gregory the Great.


2018 ◽  
Vol 16 (1) ◽  
pp. 49-52
Author(s):  
Krishna Kumari Paudel Subedi ◽  
Kalpana Timalsina ◽  
Raja Laxmi Bhele

Background: Nursing practice amicably includes practical efficacy and ethics. Now a days legal and ethical problems associated with client care are arising day by day. Therefore, nurses should have adequate understanding of basic legal concepts and issues relevant to nursing profession in order to protect the rights of the clients and the nurses.Methods: A cross sectional descriptive design was adopted for the study. 142 nurses were included by using purposive sampling technique. Data was collected with self-administered structured questionnaire. Descriptive statistics was used to reveal demographic information. Kruskal Wallis and Mann Whitney test were used to find out association of selected demographic variables and ethico legal aspects of nursing.Results: Majority of participants were belonging to 20-29 years of age. More than half nurses had complete bachelor’s degree and had less than 10 year’s experiences. Majority of participants reported that they did not encounter any legal issues in their professional life till date. Similarly, majority of participants had average level knowledge and equate level of practice. Years of experiences and education level did not affect in knowledge level and existing practice related to ethico legal aspect of nursing. There was no significant relationship between level of knowledge and existing practice.Conclusions: Nurses have average knowledge and practice on ethico legal aspects. There is positive relationship between knowledge and practice though it is not statistically significant.


2021 ◽  
Vol 11 (2) ◽  
pp. 90-102
Author(s):  
Siah Khosyi'ah ◽  
Royhan Aziz Ghifari ◽  
Mohamad Sar’an ◽  
Ah Fathonih

This research aims to investigate the absolute competence in the fields of alms in the Religious Court in Indonesia. The method used in this research is normative juridical research with the type of prescriptive analysis of research, namely studying the purpose of the law, the values of justice, the validity of the rule of law, legal concepts, and legal norms. This research found that the case of alms has never appeared. It can happen because alms cases are resolved through non-litigation. The settlement of alms disputes has likely been completed up to the zakat management institution's level, and alms has become part of Islam's teachings. It is necessary o cooperate with other institutions in resolving it legally. Besides that, there is a need for legislation that provides opportunities to solve alms' problem does not clash with its legal aspects.


2017 ◽  
Vol 7 (7) ◽  
pp. 7
Author(s):  
Radegundis Stolze

The article describes, on the basis of hermeneutics, the specific perspective from which a translator may approach legal texts, as translation is seen as a personalized activity. Different text types are rooted in a specific legal system and fulfil their function within a special field of law, and the cultural and legal background is evident in linguistic aspects on a textual level. Comparative law carries out research on the differences in legal concepts, whereas translation studies and practice use this knowledge as a basis for work. Legal terminology has various levels of abstraction and appears in texts along with general language words. Fields of orientation for the translator are presented here, such as legal contexts, genre, concepts and style. This should be combined with proficiency in writing according to the text function, terminology and standard formulae. The translator tries to make source cultural and legal aspects transparent for target readers, as translation is always a means of comprehension that furthers communication.


2020 ◽  
pp. 384-396
Author(s):  
А. Г. Байбак

The article analyzes the approaches of a number of authors and defines the essence of the language of law. The main features of the language of law are given. The place of legal linguistics and its relationship with the science of law, linguistics, philosophy, psychology and logic is determined. The author analyzes the approaches of a number of researchers to the term «legal writing». The correlation of legal categories, legal norm and principle of certainty is carried out in the work. It is emphasized that one of the means of ensuring clarity of normative prescription and clarity of intention of the legislator is the application of clear legislative definitions in the texts of relevant legal acts, as inaccuracy of linguistic expression of law, insufficient unification of legal concepts and terms results in ambiguous understanding, interpretation and application. legal norms, departure from those ideas and provisions that were embodied by the law-making body. The author defines the essence and presents the main requirements for the technique of legal writing. The basic rules for creating legislative definitions are given. Distinctive features of the legislative style are described and listed. The ratio of formal certainty and language of law is carried out.


2011 ◽  
pp. 110-127 ◽  
Author(s):  
David I. Schwartz ◽  
Jessica D. Bayliss

This chapter demonstrates how legal concepts, accepted practices, and research in reverse engineering (a process of disassembling a system to understand how it works) can provide ethical and legal outlets for end-users. The game industry has influenced reverse engineering law and practice, challenging ethical practices in industry, academia, and with end-users. Although these communities supposedly rely on legal precedents, actual laws are often misunderstood, ignored, or just unknown. The communities continually struggle to balance the protection of intellectual property with consumer freedom, and reverse engineering demonstrates this conflict. We demonstrate how a variety of communities embrace reverse engineering through a series of case studies involving current commercial games and technology. The case studies include the modding community, massively-multiplayer online game community tools, digital preservation, and reverse engineering education. Although a clear ruling on legality eludes the field, we conclude with suggestions on dealing with ethical and legal aspects surrounding this issue.


Author(s):  
I. G. Fedotova

The Department of English Language № 8 works with students of the Faculty of International Law. The unique school of teaching legal aspects of the English language is one of the most significant achievements of the department. Associate Professor V.F. Nazarov was one of professionals, was at the origin of this school. In 1992 the textbook "The course of the legal interpretation of Anglo-American Commercial Law" was published, which was the result of work of group of specialists in legal translation since early 1970s. The book laid foundation for the further development of the school of teaching legal aspects of the English language. After1990stheteaching of the legal aspects of English language was brought to the next level, marked of the by the creation of the educational complex "Legal concepts and categories in the English language" by I.G. Fedotova and G.P. Tolstopyatenko, based on the new competence-based concept of educating professional international lawyers.


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