Some Remnants of Ancient Laws in the Deuteronomic Code

1974 ◽  
Vol 9 (3) ◽  
pp. 346-351 ◽  
Author(s):  
Yair Zakovitch

This short article deals with two of the Deuteronomic laws: the law of the tithe (Deut. 14:22–28; 26:12–16) and the law of the Hebrew slave (Deut. 15:12–18). It is not intended to present a comprehensive study of these two laws, but to limit the investigation to the uncovering of those ancient laws referred to only by the author of Deuteronomy and not by the authors of the other Biblical codes, including that of the Covenant Code.I.Bashanah hashlishit shnat hama'asar“in the third year, which is the year of tithing” (Deut. 26:12).The reader of the law of the declaration of the tithe will quickly discern a contradiction: the tithe of the third year is given to the Levite, sojourner, orphan, and widow,bisharekha, literally, “within your gates” (within which there are no cultic places according to the laws of Deuteronomy—Deut. 26:2b). On the other hand, the tithe is declared in the Templelifnei adonai“before the Lord” (Deut. 26:1s). Another surprising point is that the law creates an impression of unfamiliarity with the annual tithe. Apparently, only the triennial tithe is known: “in the third year, which is the year of tithing”.

2020 ◽  
pp. 174387212097533
Author(s):  
Johan van der Walt

This short article on Peter Fitzpatrick’s conception of “responsive law” analyzes the ambiguous temporality that Fitzpatrick discerned in modern law. On the one hand, law makes the claim of being fully present and therefore already and completely contained in itself. This aspect of law reflects the law’s claim to “immanence,” that is, its claim of always being able to rely strictly on its own operational terms without having to take recourse to any consideration not already contained within itself. It is this aspect of law that renders the ideal of the “rule of law” feasible. On the other hand, the law’s claim to doing justice to every unique and therefore every new case also demands that it takes leave of that which is already settled within it. This aspect of law can be called its “imminence.” The imminence of the law concerns the reality that law always finds itself on the threshold of that which has not yet been said and must still be said. The article shows how Fitzpatrick relied on Freud’s concept of the totem to explain the “wondrous” unity of its immanence and imminence.


2020 ◽  
pp. 13-61
Author(s):  
Natalia Małecka-Drozd

The 3rd millennium BC appears to be a key period of development of the historical settlement landscape in ancient Egypt. After the unification of the country, the process of disappearance of the predynastic socio-political structures and settlement patterns associated with them significantly accelerated. Old chiefdoms, along with their centres and elites, declined and vanished. On the other hand, new settlements emerging in various parts of the country were often strictly related to the central authorities and formation of the new territorial administration. Not negligible were climatic changes, which influenced the shifting of the ecumene. Although these changes were evolutionary in their nature, some important stages may be recognized. According to data obtained during surveys and excavations, there are a number of sites that were considerably impoverished and/or abandoned before and at the beginning of the Old Kingdom. On the other hand, during the Third and Fourth Dynasties some important Egyptian settlements have emerged in the sources and begun their prosperity. Architectural remains as well as written sources indicate the growing interest of the state in the hierarchy of landscape elements and territorial structure of the country.


Author(s):  
Nimer Sultany

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.


Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.


De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Daniel Haman ◽  
◽  
◽  

The difference between intent (dolus) and negligence (culpa) was rarely emphasized in codified medieval laws and regulations. When compared to the legal statements related to intent, negligence was mentioned even more rarely. However, there are some laws that distinguished between the two concepts in terms of some specific crimes, such as arson. This paper draws attention to three medieval Slavic legal documents – the Zakon Sudnyj LJudem (ZSLJ), the Vinodol Law and the Statute of Senj. They are compared with reference to regulations regarding arson, with the focus being on arson as a crime committed intentionally or out of negligence. The ZSLJ as the oldest known Slavic law in the world shows some similarities with other medieval Slavic legal codes, especially in the field of criminal law, since most of the ZSLJ’s articles are related to criminal law. On the other hand, the Vinodol Law is the oldest preserved Croatian law and it is among the oldest Slavic codes in the world. It was written in 1288 in the Croatian Glagolitic script and in the Croatian Chakavian dialect. The third document – the Statute of Senj – regulated legal matters in the Croatian littoral town of Senj. It was written in 1388 – exactly a century after the Vinodol Law was proclaimed. When comparing the Vinodol Law and the Statute of Senj with the Zakon Sudnyj LJudem, there are clear differences and similarities, particularly in the field of criminal law. Within the framework of criminal offenses, the act of arson is important for making a distinction between intent and negligence. While the ZSLJ regulates different levels of guilt, the Vinodol Law makes no difference between dolus and culpa. On the other hand, the Statute of Senj strictly refers to negligence as a punishable crime. Even though the ZSLJ is almost half a millennium older than the Statute of Senj and around 400 years older than the Vinodol Law, this paper proves that the ZSLJ defines the guilt and the punishment for arson much better than the other two laws.


De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.


Author(s):  
Zsolt Kiss ◽  

Two fragments of painted Roman funerary portraits on wooden panels of the Fayum type, discovered in 2001 during a revisiting of the Third Intermediate Period shaft tombs inside the Chapel of Hatshepsut in the Royal Mortuary Cult Complex at the Temple of Hatshepsut in Deir el-Bahari, come from 19th century excavations, hence are without anything but a general context. The pieces are very small—fragment of a robe, sliver of a face with one eye—but in a brilliant analysis of iconography and style Kiss identifies one as a depiction of a female, possibly a priestess of Isis, from the second half of the 2nd century AD, and the other as a male portrait from the 2nd century. The portraits may belong to what some scholars have called “Theban” painted funerary portraits and they must have come from a Roman necropolis in West Thebes, possibly Deir el-Medineh. On any case, they are proof that mummies with painted portraits of the deceased on wooden panels fitted into the cartonnages were not unknown in ancient Thebes.


2021 ◽  
Vol 22 (1) ◽  
pp. 131-142
Author(s):  
Mohammad Ebrahim Ahmed ◽  
Hussain Yawr Hussain

Thirty-six local dose have been used and were divided in to three groups sacording to weight, in each group twelve dose. In the first group the weights of the dose were higher than ( 2.5 kgs) and less than (3 kgs). The second groups was higher than 3 kgs) and less than (3.5 kgs). The third group was higher than (3.5 kgs) and less than (4 kgs). The aim of this study was to obtain the effect of doe weight on her reproductive efficiency (gestation period, litter size, litter weight at birth and weaning, growth rate of offspring preweaning, conception rate and preweaning mortility).  The weight of the doe had no significant effect upon the gestation period and this period was 30.9, 31.2, 31.3 days for the three groups respectively, on the other hand the litter size was affected significantly by doe weight and litter size was at birth and preaweaning (5.1 , 5.8 and 6.2), (4.5, 5.3 and 5.7) for the three groups respectively. The offspring weight at birth and weaning was affected significantly by doe weight and this weight was (40.1 , 48.2 and 53.3 gms), (203.6, 227.5 and 233.8 gms) for the three groups respectively while the conception rate was not affected by doe weight. The mortility percentage in the prewaning period was not significantly by doe weight


2021 ◽  
Vol 45 (1) ◽  
pp. 9-18
Author(s):  
Noor Cholis Idham

Javanese Islamic architecture appears to be highly influenced by previous cultures, even though Islam has brought a new civilisation since the 13th century in Indonesia. The classical mosques and houses seem to follow Javanese and Hindu-Buddhist principles in their buildings, elements and spatial arrangements. This paper examines how the Javanese adapted their architecture to meet Islamic values while preserving their previous traditions. The concept of architectural synchronisation in Javanese architecture is examined from the traces observed in the temple dioramas, depictions of contemporary cultural products, and several traditional buildings. The adoptions and adaptations that appear in some significant objects such as old mosques and houses are traced back to previous transformation principles. Architectural harmonisation for new needs seemingly bases on religion as the most potent driving aspect. However, what is interesting is that in the case of Java, embracing a new religion does not mean forgetting existing traditions. On the other hand, the principle of acculturation has created a peaceful transition in architecture. Some evidence suggests that Javanese high culture, such as the classical grand mosque and the joglo house, succeeded in translating Javanese and Hindu-Buddhist ideas into Islamic architecture in very distinctive ways.


Author(s):  
V. Кroitor

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand. The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations. The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors. The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".


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