The Rise of Normative Judaism. II. To the Close of the Mishnah

George Foot Moore

doi:10.1017/s0017816000007367

The Rise of Normative Judaism. II. To the Close of the Mishnah

Harvard Theological Review ◽

10.1017/s0017816000007367 ◽

1925 ◽

Vol 18 (1) ◽

pp. 1-38

Author(s):

George Foot Moore

Keyword(s):

Exact Formulation ◽

Biblical Exegesis ◽

Next Generation ◽

Written Law ◽

Unwritten Law

The older and younger contemporaries of Gamaliel II and their disciples and successors in the next generation are the fundamental authorities of normative Judaism as we know it in the literature which it has always esteemed authentic. One main division of their learned labors was the definition and exact formulation of the rules of the unwritten law (Halakah), as they had been received through tradition, or were adapted to meet new conditions, or were developed by biblical exegesis or casuistic discussion. Along with this ran the minute study, in course, of the written law in the Pentateuch from Exodus to Deuteronomy, in primary intention a juristic exegesis with constant reference to the Halakah.

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Sejarah Hukum Maritim Kerajaan Sriwijaya dan Majapahit dalam Hukum Indonesia Kini

Lembaran Sejarah ◽

10.22146/lembaran-sejarah.33542 ◽

2018 ◽

Vol 13 (2) ◽

pp. 186

Author(s):

Sartika Intaning Pradhani

Keyword(s):

Unitary State ◽

The People ◽

Written Law ◽

The Government ◽

Unwritten Law ◽

Maritime Territory ◽

Adat Law

The purpose of this research is to analyze the control of Sriwijaya and Majapahit Kingdom towards their maritime territory and to learn whether their control may be practiced in the regulatory on the maritime territory of Unitary State Republic of Indonesia today. It is a legal normative research which has descriptive and analytical nature. The control of Sriwijaya and Majapahit Kingdom towards their maritime territory was conducted through adat law. Maritime territory of Indonesia today is controlled by the written law created by the government and the unwritten law practiced by the people.

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RECONSTRUCTION OF THE LEGALITY PRINCIPLE IN PENAL LAW ENFORCEMENT FOR THE REALIZATION OF JUSTICE

UNTAG Law Review ◽

10.36356/ulrev.v2i1.718 ◽

2018 ◽

Vol 2 (1) ◽

pp. 12

Author(s):

Iskandar Wibawa

Keyword(s):

Law Enforcement ◽

Criminal Code ◽

Court Decision ◽

Important Principle ◽

Penal Reform ◽

Penal Law ◽

Written Law ◽

Principle Of Legality ◽

Sense Of Justice ◽

Unwritten Law

The legality principle is an important principle in the enforcement of penal law in addition to the culpability principle. These two principles are a requirement that must be fulfilled by the person to be penalized. However, law enforcement officers in the Criminal Justice System often only pay attention to the formulation of the legality principle in Article 1 (1) of the Criminal Code (KUHP) than the other principle that is culpability principle. So that court decisions often do not reflect a sense of justice. This is due to the interpretation of the legality principle contained in Article 1 paragraph (1) of the Criminal Code (KUHP) as “lex scripta”, “lex stricta” and “lex certa” and also the unformulated culpability principle in the Criminal Code (KUHP). Therefore, it is necessary to reconstruct the meaning of the legality principle so that it is not only understood formally, but materially by regarding the living law referred to Pancasila as a groundnorm and constitution of the UUD 1945, the legality principle is not interpreted as a certainty of law but interpreted as the principle of legal certainty. The law is not only interpreted as a written law, but also an unwritten law, so it is expected to bring about a court decision in accordance with the sense of justice.In law enforcement “in abstracto” implemented through formulation policy by penal reform in the formulation of a New Criminal Code (New KUHP), the principle of legality has been interpreted in material term that states that the source of law used by the Criminal Code is written law (Article 1) and unwritten law/ the living law (Article 2), also the culpability principle has been formulated explicitly (Article 38). Based “in abstracto” law enforcement is expected to be implemented “in inconcreto” law enforcement so as to realize court decision in accordance with the sense of community justice.

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RECONSTRUCTION OF PRINCIPLES OF LEGALITY IN CRIMINAL LAW BASED ON JUSTICE VALUE OF PANCASILA

Jurnal Pembaharuan Hukum ◽

10.26532/jph.v4i3.2326 ◽

2017 ◽

Vol 4 (3) ◽

pp. 307

Author(s):

Muhammad Yahya Selma

Keyword(s):

Criminal Law ◽

Fourth Amendment ◽

The State ◽

State Law ◽

Fundamental Change ◽

Written Law ◽

The Republic ◽

Principle Of Legality ◽

Unwritten Law

Amendment of the Constitution 1945 after the fourth amendment, reinforce the concept of the state law and put it in Article 1 paragraph 3 of the Constitution of the Republic of Indonesia in 1945 which reads : "The State of Indonesia is a state of law". The enactment of the provisions of Article 1 Paragraph (3) the Constitution of the Republic of Indonesia in 1945 brought a fundamental change to the principle of legality, which was previously law in Indonesia based on written law only, being based on written law and unwritten law or law that lives and grows in society. Law in Indonesia is based on the value of justice living in society based on the values of Pancasila.

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‘CHANGING TRADITIONS TO MEET CURRENT ALTERING CONDITIONS’: CUSTOMARY LAW, AFRICAN COURTS AND THE REJECTION OF CODIFICATION IN KENYA, 1930–60

The Journal of African History ◽

10.1017/s0021853799007513 ◽

1999 ◽

Vol 40 (3) ◽

pp. 411-431 ◽

Cited By ~ 29

Author(s):

BRETT L. SHADLE

Keyword(s):

Daily Life ◽

Customary Law ◽

Colonial Rule ◽

Law And Order ◽

White Line ◽

History Of ◽

The Law ◽

Written Law ◽

Unwritten Law

If the aim of British colonizers, Frederick Lugard wrote, was to civilize Africans ‘and to devote thought to those matters which…most intimately affect their daily life and happiness, there are few of greater importance than the constitution of native courts’. Moreover, he argued that only from native courts employing customary law was it ‘possible to create rudiments of law and order, to inculcate a sense of responsibility, and evolve among a primitive community some sense of discipline and respect for authority’. Britain had not the manpower, the money nor the mettle to rule by force of arms alone. Essentially, in order to make colonial rule work with only a ‘thin white line’ of European administrators, African ideas of custom and of law had to be incorporated into the new state systems. In a very real way, customary law and African courts provided the ideological and financial underpinnings for European colonial rule.In Kenya from at least the 1920s, but especially in the 1940s and 1950s, administrators struggled with the question of how customary law could best be used in African courts. Prominent among their concerns was the codification of customary law, against which most administrators vigorously fought. British officials believed that reducing African custom to written law and placing it in a code would ‘crystalize’ it, altering its fundamentally fluid or evolutionary nature. Colonizers naturally harbored intentions of using the law to shape society (as Cooper has demonstrated for the Kenya coast) but a fluid, unwritten law provided much greater latitude to pursue these goals. It was necessary, as one administrator put it, to allow ‘changing traditions to meet current altering conditions’.This case study of Kenya offers a different understanding of the history of customary law.

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TRANSFORMASI HUKUM ISLAM DALAM SISTEM HUKUM NASIONAL : Idealisme dan Realitas

JURNAL PENELITIAN ◽

10.28918/jupe.v11i1.411 ◽

2015 ◽

Vol 11 (1) ◽

Author(s):

Siti Qomariyah

Keyword(s):

Social Change ◽

Social Factors ◽

Qualitative Method ◽

Islamic Law ◽

Political Power ◽

Public Law ◽

Cultural Approach ◽

Private And Public ◽

Written Law ◽

Unwritten Law

Development of Indonesian national law should not leave attention to development of legal plurality as its source. Focus of this study is to see the influence of Indonesian social factors on the development of Islamic law and how Islamic law can be integratively transformed into the National Law. By qualitative method and socio-legal approach and constructivism paradigm, this study bases on theories of social change influeces on Islamic law law without leaving methodology of usul fiqh and the sources of Islamic law. Islamic law has broad opportunity and experiences to be integratively transformed into national law within Indonesia's own character. Transformation can be done in the whole structure of Islamic law including its values of philosophy, principles and norms, and can be performed in all areas, both private and public Law, written law by political power and unwritten law with cultural approach. However, Islamic law as one of the Indonesia living laws and the sources of National law, still today is viewed in dichotomy to the National law and only transformed in limited norms. There are many obstacles to be transformed into national law integratively and widely, though Islamic law has wide space of interpretation and intellectualism that can adapt to different contexts and National law.

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Analysis of Judges’ Considerations in Deciding Judicial Divorce at the Palu Religious Court

INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY ◽

10.24239/ijcils.vol2.iss2.18 ◽

2020 ◽

Vol 2 (2) ◽

pp. 1-17

Author(s):

Alhamid Baharuddin ◽

M. Taufan B. ◽

Syahabuddin Syahabuddin

Keyword(s):

Grounded Theory ◽

Data Analysis ◽

Qualitative Methods ◽

Theory Approach ◽

Material Data ◽

Written Law ◽

Grounded Theory Approach ◽

Unwritten Law ◽

Depth Interviews ◽

Husband And Wife

The aim of this paper is to discuss Judges’ consideration in making decision in the case of judicial divorce. This study uses qualitative methods and data was gathered through observation, in-depth interviews, and written material. Data analysis was analyzed using grounded theory approach. The results showed that there were two basic considerations for judges in deciding a lawsuit for divorce at the Palu Religious Court Class 1A, namely written law and unwritten law. Written laws include Al-Qur'an, Hadith, Laws, and Compilation of Islamic Laws, while the unwritten law is the customs and values that live in society. Based on the decision Number 452/Pdt.G/2019/PA.Pal, these laws were used as the basis for the judge's consideration in deciding this case, because continual disputes and quarrels occurred between husband and wife, that resulted to the separation of residence which has lasted for about 11 months, and it is no longer possible to live in harmony in the household.

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Sa’adyah the Biblical Commentator

Sa'adyah Gaon ◽

10.3828/liverpool/9781904113881.003.0004 ◽

2013 ◽

pp. 58-78

Author(s):

Robert Brody

Keyword(s):

Higher Education ◽

Biblical Exegesis ◽

The Bible ◽

External Sources ◽

Written Law ◽

Unique Status

This chapter focuses on the Bible, which was viewed as sacred by Jews of all persuasions, namely the Rabbanite and Karaite. It reveals how the Karaites imposed that the Bible should be interpreted strictly with reference to the text rather than external sources, while Rabbanite Jews transmitted alongside the Bible, which they called the Written Law. It also describes the Bible's unique status during the geonic era that manifested as the regular order of synagogue readings from the Pentateuch. The chapter explores the central role of the Bible in forms of creative endeavour as piyut and midrash, which was more prevalent in Palestinian traditions than that of Babylonia. It mentions Babylonian sages before Sa'adyah's day that engaged in systematic biblical exegesis as part of their higher education.

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POLITIK PLURALISME HUKUM DALAM HUKUM UNDANG-UNDANG KEKUASAAN KEHAKIMAN : KAJIAN TERHADAP PENGAKUAN HUKUM TIDAK TERTULIS DALAM UNDANG-UNDANG NOMOR 48 TAHUN 2009 TENTANG KEKUASAAN KEHAKIMAN

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v1i2.10638 ◽

2012 ◽

Vol 1 (2) ◽

Author(s):

Mohammad Jamin

Keyword(s):

Key Words ◽

Legal Pluralism ◽

The State ◽

Judicial Power ◽

The Political ◽

State Law ◽

Political Unity ◽

Written Law ◽

Power Code ◽

Unwritten Law

AbstractIt is empirical fact in Indonesia not only has written law which imposed by state power ( state law). Beside written law there is also unwritten law which often called the non state law. Political of law to uniting as one political unity and enforce the legal sentralism has disregarded the fact of legal pluralism ( the political of ignorance). Political of law of the Judicial Power Code which imposed during the time does not clearly arrange the state recognation to unwritten law, even unwritten law is recognnized, but still very sumir and floating. Although Code No. 48/2009 about Judicial Power adopt the politics of legal pluralism and recognizes the existence unwritten law, but it is still sham (weak legal pluralism), causing that in fact predominate the state law still happened and unwritten law only becoming complement to state law. Political forwards legal pluralism in Judicial Power Code ideally is not made conditional. The political legal pluralism of Judicial Power Code must to adopt strong legal pluralism, so can accommodate pluralism in society.Key Words : Legal Pluralism, Judicial Power, Unwritten Law.

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