Offenses Against Human Beings in Private and Public Law

2019 ◽  
pp. 34-44
Author(s):  
Eckart Otto
Keyword(s):  
Historical Development ◽  
Legal History ◽  
Public Law ◽  
Comparative Approach ◽  
Human Beings ◽  
Biblical Law ◽  
Literary Genres ◽  
Near Eastern ◽  
Private And Public ◽  
History Of

This chapter deals with the legal functions of law of different literary genres in the Hebrew Bible and their legal historical development within their societal “settings in life. It concentrates on laws of bodily injuries and homicide in a comparative approach with ancient Near Eastern law and asks for the influence of religion on the legal history of the biblical law of offenses against human beings and for trends of correlating law and narrative in the Pentateuch. Special attention is given to the origins of talionic retaliation in cuneiform law and to the efforts in biblical law already in the Covenant Code to check and repeal the talio.

scholarly journals History of Hospitality Laws - Do Islamic and South Asian Legal History Have the same Approach? (A Comparative Approach of Sharīʿah & Law)

rahatulquloob ◽  
2020 ◽  
pp. 1-13
Author(s):  
Dr. Lutfullah . ◽  
Farhad Nazir
Keyword(s):  
South Asian ◽  
Legal History ◽  
Islamic Law ◽  
Comparative Approach ◽  
Human Beings ◽  
Analysis Technique ◽  
Peculiar Characteristic ◽  
Common Notion ◽  
Religious Teaching ◽  
History Of

Respect for guests and visitors, indeed, always remain a common notion of civilized nations; existing on this earth since its inception. This peculiar characteristic, of course, differentiates human beings from animal where the previous are rightly called social animals. The South Asian countries i.e. Pakistan, India, Bangladesh and Nepal are not different in this regard. Their history is always remained a solid evidence of their generosity towards the guests and visitors. Being remained under the rule of the Great Britain, these countries have the same legal history and legal spectrum for dealing tourists and visitors. However, this similarity in terms of hospitality laws is also owing to the similar teaching of their corresponding religions. Findings show that Islam, Buddhism and Hinduism have some common teaching regarding the respect of guests. While having deep sentiments for religious teaching, the residents of such states want the inculcation of religious guidelines in their legal system. Islamic law offers a comprehensive guideline for hospitality comparatively to other religions. Being an Islamic country, it is supposed that such guidelines should be followed while framing legislation for hospitality and tourism. However, study shows that much work is not done yet in this regard. Content analysis technique of qualitative research has been followed in the present work for the investigation of the issue.

Law-making at Athens in the fourth century B.C.

1975 ◽  
Vol 95 ◽  
pp. 62-74 ◽  
Author(s):  
Douglas M. MacDowell
Keyword(s):  
Fourth Century ◽  
Public Law ◽  
Important Change ◽  
Formative Period ◽  
Fifth Century ◽  
Private And Public ◽  
History Of ◽  
Law Making ◽  
Made In

It is now twenty years since A. R. W. Harrison remarked in this Journal ‘For students of Athenian private and public law it is a painful, but undeniable fact that there is still grave uncertainty as to the precise methods by which statutes, one of the most important sources of law, were made at the most formative period of the history of the system from the middle of the fifth century B.C. onwards.’ His own article is entitled ‘Law-making at Athens at the end of the fifth century B.C.’ and is concerned primarily with establishing that an important change was made in or soon after the year 403/2. That was the date at which a new procedure for making laws (nomoi) was introduced, which Harrison calls ‘the fourth-century procedure of nomothesia’, involving officials called νομοθέται. Before then there was no procedural difference between making a nomos and making a psephisma. References to nomothetai in texts before 403 are irrelevant. In 403 the decree of Teisamenos laid down a procedure for review and amendment of laws, involving two distinct bodies of nomothetai; but that was a procedure for one particular occasion. The regular procedure was instituted shortly afterwards, and was to some extent modelled on the procedure of the Teisamenos decree.

The Pivotal Characterization: Ancient Law as Non-Statutory Law

2017 ◽  
Author(s):  
Joshua A. Berman
Keyword(s):  
Nineteenth Century ◽  
Common Law ◽  
Critical Study ◽  
Biblical Law ◽  
Near Eastern ◽  
The Bible ◽  
Legal Texts ◽  
Statutory Law ◽  
Ancient Law ◽  
History Of

Scholars of biblical law have long seen the inconsistencies among the law corpora of the Pentateuch as signs of schools and communities in conflict. This chapter offers an introductory foundation for the following five chapters on biblical and ancient Near Eastern law. It demonstrates that the dominant approach to the critical study of biblical law—that is, as statutory law—is based on anachronistic, nineteenth-century notions of how law works and how legal texts are formulated. The chapter traces the history of legal thought in that century, and how it shaped (a better term might be distorted) how we view the ancient legal texts of the Bible and the Near East, and recovers premodern understandings of how law works and how legal texts are to be read in accordance with common-law jurisprudence.

“How Other Peoples Dwell and Build”

2019 ◽  
Vol 78 (4) ◽  
pp. 409-421
Author(s):  
Marcel Vellinga
Keyword(s):  
Urban Development ◽  
Natural Environment ◽  
Historical Development ◽  
Architectural Design ◽  
Vernacular Architecture ◽  
International Perspective ◽  
The Other ◽  
Human Beings ◽  
Human Settlements ◽  
History Of

In 1953, architect, planner, and historian Erwin Anton Gutkind published a series of articles collectively titled “How Other Peoples Dwell and Build” in Architectural Design. At a glance, the series seems an anomaly in Gutkind's extensive oeuvre, and it remains little known in the field of vernacular architecture. In “How Other Peoples Dwell and Build”: Erwin Anton Gutkind and the Architecture of the Other, Marcel Vellinga aims to place the series within the broader context of Gutkind's writings. Running through Gutkind's work—and underlined in Vellinga's article—is the thesis that the historical development of human settlements mirrors the degenerating relationships between individuals and their communities, and between human beings and the natural environment. Thus, the Architectural Design series is an integral part of Gutkind's writings on the history of urban development. The series is one of the first architectural publications to focus on vernacular traditions from an international perspective and to emphasize the importance of studying vernacular architecture in its larger cultural and environmental contexts.

Law-Making at Athens at the end of the Fifth Century B.C.

1955 ◽  
Vol 75 ◽  
pp. 26-35 ◽  
Author(s):  
A. R. W. Harrison
Keyword(s):  
Public Law ◽  
Formative Period ◽  
Fifth Century ◽  
Literary Field ◽  
Private And Public ◽  
History Of ◽  
Legal Sense ◽  
Law Making

For students of Athenian private and public law it is a painful, but undeniable fact that there is still grave uncertainty as to the precise methods by which statutes, one of the most important sources of law, were made at the most formative period of the history of the system from the middle of the fifth century B.C. onwards. There have been two fairly recent and conflicting attempts to clear up some of the main points, those of Kahrstedt and of Mrs. Atkinson. Neither treatment seems wholly satisfactory, and in particular neither seems to take any account of J. H. Oliver's publication of additions to the code or of Ferguson's paper on these same additions. It may therefore be worthwhile re-examining the evidence for one chapter at least of the story, the chapter covering roughly the twenty years beginning in 411 B.C.I cannot avoid a word on sources, in the historical not the legal sense. In the literary field historians and political theorists are very unhelpful. The problem does not seem to have interested them. Here therefore we have to rely mainly on two other classes of authority, firstly, grammarians and lexicographers, who were interested in the archaisms of the laws of Drakon and Solon, secondly, and most fruitful of all, the orators. In the orators we must distinguish between the documents cited in the texts and the orators' own words. I do not discuss the validity of the cited documents, but must content myself with saying that with regard to the more important documents which are here relevant there is now fairly general agreement among scholars that they are genuine. Statements of the orators themselves must always be examined under the microscope and allowance made for possible distortions due to the speaker's desire to support the particular point which he is making.

scholarly journals Marriage Dissolution (Divorce) – A Comparison Overview: Albania, Kosovo, Macedonia

2021 ◽  
Vol 8 (1) ◽  
pp. 88
Author(s):  
Sulejman Ahmedi
Keyword(s):  
Family Law ◽  
Public Law ◽  
European Countries ◽  
Comparative Approach ◽  
Legal Doctrine ◽  
Marriage And Family ◽  
Marriage Dissolution ◽  
Private And Public ◽  
The Subject ◽  
Special Protection

The research includes the marriage dissolution and its consequences, which constitute today one of the most debated topics, considering not only the significant increase of the number of divorces in years, but also the trends in recent years in some European countries. Thus, this paper presents the hypothesis as follows: The Institute of dissolution of marriage in Albanian, Kosovo and Macedonian Law which preserves and must preserve the balance between the contractual freedom of the spouses and the court's intervention to dissolve the marriage in order to avoid abuses that may result from the "privatization" of the marriage dissolution and its consequences. Taking the cause precisely from the latter, the question arises whether the dissolution of marriage, as the institution that lies between private and public law, should be given priority to the solutions offered by the spouses ("the privatization of the institution"), or should public law be governed by the regulation of the institution, in the context of the special protection that the marriage and family enjoy by the State? From what is said above it is necessary to analyze by comparative approach the normative framework, legal doctrine and the case studies of these countries, regarding the dissolution of the marriage and the consequences it brings. The European countries and the tendency to harmonize family law in Europe will serve as orientation point to analyze the solutions currently offered by Albanian, Kosovo and Macedonian law as well as to provide the necessary recommendations. In particular, the subject of analysis is the reasons for the dissolution of marriage, the ways and the procedural aspects of its solution, the consequences on both personally and property terms between the spouses.

scholarly journals “Belated” reflections on convergence in law. Review of the monograph by N.M. Korshunov “Convergence of private and public law: problems of theory and practice» (Moscow: “NORM” Publ., 2011. 240 p.)

2021 ◽  
pp. 344-353
Author(s):  
Vladimir Baranov ◽  
Yuri Mareev
Keyword(s):  
Public Relations ◽  
Civil Law ◽  
Public Law ◽  
Theory And Practice ◽  
Legal Science ◽  
New Development ◽  
Private And Public ◽  
History Of ◽  
Theory Of Law ◽  
The One

The focus of the innovative work of N. M. Korshunov is such that the problem of technical and legal support for the convergence of private and public law was not given special attention not only in Russian, but also in foreign legal science. Although, of course, considering the substantive processes of legal convergence, he was "forced" to touch on the technique of their design.In the theory of law in general, and in the theory of civil law in particular, there are few problems that are comparable in complexity, scale, severity and age to the one that served as the reason and source material for the reviewed book. Two principles – the private and the public –form two poles, the interaction of which determines the forms of organization of public relations within the boundaries of legal reality, and recently especially actively – in the field of civil turnover. The list of publications that are only directly devoted to this subject is vast, and it is not easy to point to at least one legal work of any theoretical significance, where it is not touched upon in one way or another. In the history of legal science, including in the history of civil law, there was no example of any satisfactory solution to this problem. In this context, the monograph of N. M. Korshunova, seemingly initially doomed by fate to the role of another hopeless attempt to take a height that exceeds human strength, and at best-a new set of deep and original judgments, but not forming together a coherent theory of the phenomenon, nevertheless deserves to be noted as an example of a completely new development of the old topic.

Word Lists: A Very Short History

2015 ◽  
Author(s):  
Marc Van De Mieroop
Keyword(s):  
World History ◽  
Social Classes ◽  
History Taking ◽  
Human Beings ◽  
Short History ◽  
Near Eastern ◽  
The World ◽  
Word Lists ◽  
History Of ◽  
The Moment

This chapter focuses on the first works of Babylonian scholarship and thus the earliest in world history: word lists. The extraordinary character of these works seems to be ignored not only by scholars surveying the world history of lexicography, but also by those specialists of Babylonian scholarship who have devoted much effort to the study of lexical lists. No other ancient culture developed lexicography at the moment its people started to write, and throughout antiquity lexicographic activity out side Babylonia always remained minimal. This chapter examines the lexical material in Near Eastern history, taking into account the intricacies of the genre’s developments. To illustrate the longevity and popularity of lexical lists, as well as how much their contents could change, the chapter describes what is known about the thematic series that treated topics relating to human beings, including professional designations, kinship terms, and social classes.

Law and Narrative

2019 ◽  
pp. 216-232
Author(s):  
Assnat Bartor
Keyword(s):  
Biblical Studies ◽  
Biblical Law ◽  
Literary Genres ◽  
Near Eastern ◽  
The Bible ◽  
The Common ◽  
The Law ◽  
The Relationship ◽  
Research Domains ◽  
Common Combination

The relationship between law and narrative in the Bible is a wide topic that touches on various research domains concerning ancient Near Eastern literature in general and the Bible in particular. It deals with the common combination between literary genres, with the unique model of the Pentateuch and its rhetorical, historiographical, national, and theological roles. It also relates to the intensive presence throughout biblical literature of legal issues as well as tendentious references to the laws of the Pentateuch and enables an acquaintance with the poetics of biblical laws. The “Law and Literature” school, one of the most influential contemporary schools in the study of the law, together with the framework of biblical studies and of biblical law, constitutes a methodological framework for a narrative reading of the pentateuchal laws and for the examination of the variety of connections existing between biblical law and biblical narrative.

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