A Science Like Any Other? Classical Legal Formalism in theHalakhicJurisprudence of Rabbis Isaac Jacob Reines and Moses Avigdor Amiel

2013 ◽  
Vol 28 (1) ◽  
pp. 179-224 ◽  
Author(s):  
Yosef Lindell
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Late Nineteenth Century ◽  
Jewish Law ◽  
Legal Formalism ◽  
The Law ◽  
Internal Coherence ◽  
The Right ◽  
The University ◽  
The Way

Nineteenth century jurists sought to make law a science like any other. They believed that the law was not an unprincipled mass of archaic and contradictory rules, nor an extinct body of Latin words that should be venerated in a church reliquary and seldom studied. Rather, they said that it was time for law to take its place in the university and to be dissected under the microscope of scientific analysis. It was by these methods that law's fundamental axioms would be uncovered—which would in turn explain the relationship of all its parts to the whole. And with the right set of principles, new data could be effortlessly incorporated into an ever-growing scientific taxonomy of the law.This mode of thinking dominated both European and American legal jurisprudence in the mid- to late-nineteenth century and the early twentieth century, although it went by different names. One fundamental thread ran throughout—the law was not unprincipled, but logical. It could be reasonably explained and rationally ordered. This paper demonstrates that Rabbis Isaac Jacob Reines and Moses Avigdor Amiel, two important Jewish thinkers living at the turn of the twentieth century, saw Jewish law, orhalakha, in the same light. Although Reines and Amiel may not have been directly influenced by secular jurisprudence, many of the elements of this classical legal science provide an interesting parallel to the answers these two thinkers gave to some of the oldest problems of Jewish law. Most notably, the way in which Reines and Amiel explained the connection between the Torah's oral and written components, as well as the way in which they asserted the internal coherence ofhalakhicjurisprudence, was similar to the legal formalism of their contemporaries.

Consent to sexual interactions

2019 ◽  
Vol 19 (2) ◽  
pp. 107-127 ◽  
Author(s):  
Japa Pallikkathayil
Keyword(s):  
Nonverbal Behavior ◽  
Alternative Policy ◽  
Turn On ◽  
The Us ◽  
The Law ◽  
The Right ◽  
The University ◽  
University Setting ◽  
Affirmative Consent ◽  
The Way

The way in which consent to sexual interactions is understood in the US is undergoing a transformation. Many universities, sometimes at the behest of lawmakers, are moving to adopt ‘affirmative consent’ policies, which define consent in terms of affirmative behavior that goes beyond mere silence or lack of resistance. Although these policies are a move in the right direction, I argue that their content has not been properly understood. In particular, the circumstances in which nonverbal behavior may communicate consent are more limited than might be apparent. And even though these circumstances can be abstractly identified, it is difficult to give people adequate guidance about when some of them obtain. Moreover, I argue that no matter how the allowance for nonverbal behavior is construed, affirmative consent policies unnecessarily prohibit interactions that people may have reason to engage in. I propose an alternative policy that remedies these problems with the affirmative consent policies that are currently being implemented. And I note that the justification for this alternative policy does not turn on any special features of the university setting. Instead, the account I give suggests grounds for reforming the law as well.

Conclusion: The Legacy of Commonwealth

2016 ◽  
Author(s):  
Noah Dauber
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Welfare State ◽  
Distributive Justice ◽  
Late Nineteenth Century ◽  
Class Politics ◽  
State And Society ◽  
Late Nineteenth ◽  
The Right ◽  
The Ideal

This chapter discusses the persistence of the ideal of commonwealth in the postwar welfare state. It first considers the notion that lies at the heart of the commonwealth theory of state and society: that distributive justice was the basis of peace and mutuality. It then examines the argument that the commonwealth could be saved by understanding that the incentives for conformity with the law needed to be grounded on mutual fear rather than on the pursuit of honor. It notes that, by the eve of the Restoration, posing the question of government as one of sovereignty or control had run its course. It also analyzes the turn to class politics in the late nineteenth century and early twentieth, as well as opinions that were more redolent of commonwealth themes on both the Right and the Left in the twentieth century.

Individual- and State-Centered Perspectives in Nineteenth-Century Europe

2018 ◽  
Author(s):  
Roxana Banu
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
International Law ◽  
State Sovereignty ◽  
Late Nineteenth Century ◽  
Private International Law ◽  
Late Nineteenth ◽  
The Relationship ◽  
The Way

This chapter discusses state-centered and individual-centered internationalist perspectives and traces the relational internationalist perspectives introduced in Chapter 2 throughout nineteenth-century European private international law scholarship. The chapter shows how Freidrich Karl von Savigny’s and Josephus Jitta’s individual-centered premises were misunderstood or ignored. It further outlines the emergence of a particularistic perspective toward the end of the nineteenth-century and the beginning of the twentieth-century. The scholarship of Albert Venn Dicey and John Westlake is introduced to highlight the way in which late nineteenth-century English private international law scholars were reasoning on the relationship between state sovereignty and private vested rights. The chapter finally considers how the rise of positivism impacted the internationalist school of thought in private international law in both its state-centered and individual-centered variations.

scholarly journals Nested comparisons: nation-building through comparative thinking about Albanian law

2016 ◽  
Vol 12 (4) ◽  
pp. 469-483
Author(s):  
Eleanor Pritchard
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Nation Building ◽  
Late Nineteenth Century ◽  
Legal Code ◽  
Intellectual Context ◽  
Late Nineteenth ◽  
The Law ◽  
Nuanced Understanding ◽  
Customary Practices

AbstractSince the late nineteenth century, ideas about law, both Albanian and ‘other’, have played significant parts in the development of a sense of ‘Albanian-ness’ and remain central to the ongoing construction of the nation. In this paper, I examine how comparative thinking about ‘Albanian law’ in northern Albania and predominantly Albanian Kosovo has contributed to nation-building aims, with particular reference to comparative thinking around the Kanun of Lekë Dukagjin, an early-twentieth-century legal code rooted in northern-Albanian customary practices. I look at this from two perspectives: comparative thinking by the law-writer in the Kanun and comparative thinking by a contemporaneous writer about the Kanun. Through these perspectives, we gain a more nuanced understanding of the intellectual context of the Kanun’s production than is reflected in the existing literature, and a glimpse of its continued relevance today to ideas of nation.

SELEUCID-PARTHIAN FIGURINES FROM BABYLON IN THE NIPPUR COLLECTION: IMPLICATIONS OF MISATTRIBUTION AND RE-EVALUATING THE CORPUS

Iraq ◽  
2016 ◽  
Vol 78 ◽  
pp. 49-77 ◽  
Author(s):  
Stephanie M. Langin-Hooper
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Cross Cultural ◽  
University Of Pennsylvania ◽  
Late Nineteenth Century ◽  
Cultural Interaction ◽  
Early Twentieth Century ◽  
Late Nineteenth ◽  
The University

This article formally documents an important correction to the provenance attribution of three reclining female figurines from Babylon that reside in the Nippur collection at the University of Pennsylvania Museum and were published with that corpus. Few scholars have noticed the misattribution of these figurines, and the problem has not been formally documented for scholarship. Through historiographical analysis of the late nineteenth century Nippur Expeditions and early twentieth century cataloguing and publication of the Nippur corpus, this article reconstructs how and why these three reclining figurines have been continually misassociated with Nippur, and traces the continued impact of this confusion on scholarship's understanding of the Nippur figurine tradition. Most critically, the publication of these three figurines as Nippur objects lent credence to the testimony of an antiquities dealer who sold an additional eight reclining figurines “from Nippur” to the Harvard Semitic Museum; these figurines continue to be regarded as Nippur objects. This article casts doubt upon that provenance. The figurine tradition of Seleucid-Parthian Nippur is reevaluated in light of the absence of securely-provenanced reclining female figurines at that site. An art historical evaluation of these figurines is undertaken, which links these figurines to the general use of hybrid Greek-Babylonian imagery in Seleucid-Parthian figurines, and connects the specific motif of the reclining figure to Greek banqueting imagery. It is proposed that the Nippur community's lack of interest in reclining female figurines can be correlated with a disinterest in pan-Hellenistic ceramic tablewares; together, these lacunae indicate Nippur's non-participation in negotiated Greek-Babylonian banqueting practices. These differences in cross-cultural interaction between Nippur and the neighboring Babylonian communities have not been fully recognized nor explored, due to scholarship's misunderstanding of the use of reclining female figurines at that site. It is this confusion that this article attempts to resolve.

Scottish Missionaries, ‘Protestant Hinduism’ and the Scottish Sense of Empire in Nineteenth- and Early Twentieth-century India

2007 ◽  
Vol 86 (2) ◽  
pp. 278-313 ◽  
Author(s):  
Philip Constable
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Late Nineteenth Century ◽  
Western India ◽  
Early Nineteenth Century ◽  
Church Of Scotland ◽  
Free Church ◽  
Intellectual Engagement ◽  
Late Nineteenth ◽  
The Church

This article examines the Scottish missionary contribution to a Scottish sense of empire in India in the nineteenth and early twentieth centuries. Initially, the article reviews general historiographical interpretations which have in recent years been developed to explain the Scottish relationship with British imperial development in India. Subsequently the article analyses in detail the religious contributions of Scottish Presbyterian missionaries of the Church of Scotland and the Free Church Missions to a Scottish sense of empire with a focus on their interaction with Hindu socioreligious thought in nineteenth-century western India. Previous missionary historiography has tended to focus substantially on the emergence of Scottish evangelical missionary activity in India in the early nineteenth century and most notably on Alexander Duff (1806–78). Relatively little has been written on Scottish Presbyterian missions in India in the later nineteenth century, and even less on the significance of their missionary thought to a Scottish sense of Indian empire. Through an analysis of Scottish Presbyterian missionary critiques in both vernacular Marathi and English, this article outlines the orientalist engagement of Scottish Presbyterian missionary thought with late nineteenth-century popular Hinduism. In conclusion this article demonstrates how this intellectual engagement contributed to and helped define a Scottish missionary sense of empire in India.

Chinese toms in the making of the drum kit: Localization and exoticism

2021 ◽  
Vol 5 (2) ◽  
pp. 227-242 ◽  
Author(s):  
Henry Johnson
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Music Education ◽  
Popular Music ◽  
Musical Instruments ◽  
New Music ◽  
Late Nineteenth Century ◽  
The Future ◽  
Late Nineteenth

The late nineteenth century and early decades of the twentieth century saw the drum kit emerge as an assemblage of musical instruments that was central to much new music of the time and especially to the rise of jazz. This article is a study of Chinese drums in the making of the drum kit. The notions of localization and exoticism are applied as conceptual tools for interpreting the place of Chinese drums in the early drum kit. Why were distinctly Chinese drums used in the early drum kit? How did the Chinese drums shape the future of the drum kit? The drum kit has been at the heart of most popular music throughout the twentieth century to the present day, and, as such, this article will be beneficial to educators, practitioners and scholars of popular music education.

Divided Attention, Divided Self: Race and Dual-mind Theories in the History of Experimental Psychology

2021 ◽  
pp. 016224392110544
Author(s):  
C. J. Valasek
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Current Psychological Research ◽  
Psychological Research ◽  
Process Models ◽  
Dual Process ◽  
Late Nineteenth Century ◽  
Racial Groups ◽  
Structural Racism ◽  
Current Psychological

The duality of attention is explored by turning our focus to the political and cultural conceptions of automatic attention and deliberate attention, with the former being associated with animality and “uncivilized” behavior and the latter with intelligence and self-mastery. In this article, I trace this ongoing dualism of the mind from early race psychology in the late nineteenth century to twentieth century psychological models including those found in psychoanalysis, behaviorism, neo-behaviorism, and behavioral economics. These earlier studies explicitly or implicitly maintained a deficiency model of controlled attention and other mental processes that were thought to differ between racial groups. Such early models of attention included assumptions that Black and Indigenous peoples were less in control of their attention compared to whites. This racialized model of attention, as seen in the law of economy in the nineteenth century, with similar manifestations in psychoanalysis and neo-behaviorism in the twentieth century, can now be seen in present-day dual-process models as used in current psychological research and behavioral policy. These historical connections show that attention is not a value-neutral term and that attention studies do not stand outside of race and structural racism.

scholarly journals How long was the nineteenth century?

2000 ◽  
Vol 16 (spe) ◽  
pp. 81-98
Author(s):  
David LIGHTFOOT
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Language Change ◽  
Learning Procedure ◽  
The Way

This paper reviews the problems of the deterministic and predictive view of language change initiated by nineteenth century linguists and shows that such a view is still present in many analyses proposed by twentieth century linguists. As an alternative to such a view, the paper discusses an approach along the lines of Niyogi and Berwick (1997), which takes the explanation for long-term tendencies to be a function of the architecture of UG and the learning procedure and of the way in which populations of speakers behave.

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