Legal Diversity in the Age of Taqlid: the Four Chief Qadis Under the Mamluks

2003 ◽  
Vol 10 (2) ◽  
pp. 210-228 ◽  
Author(s):  
Yossef Rapoport
Keyword(s):  
Legal System ◽  
Turning Point ◽  
Judicial System ◽  
The Other ◽  
Legal Rules ◽  
Other Hand ◽  
History Of ◽  
School Affiliation

Sultan Baybars' decision to appoint four Chief Qādīs , one from each of the Sunni schools of law, has long been recognized as a turning point in the history of the madhhabs. To date, historians have explained this decision only in political or ideological terms, paying little attention to its implications for the judicial system. Here I argue that the purpose of the new quadruple structure of the judiciary was two-fold: to create a uniform but at the same time flexible legal system. The need for predictable and stable legal rules was addressed by limiting qādīs' discretion and promoting taqlīd , i.e., adherence to established school doctrine. The establishment of Chief Qādīs from the four schools of law, on the other hand, allowed for flexibility and prevented the legal system from becoming too rigid. The quadruple judiciary enabled litigants, regardless of personal school affiliation, to choose from the doctrines of the four schools.

scholarly journals ON THE INFLUENCE OF LAW ON MORALITY

2020 ◽  
pp. 46-49
Author(s):  
K.A. Sinkin ◽  
D.A. Emelyanova
Keyword(s):  
Legal System ◽  
Negative Trend ◽  
The Other ◽  
Legal Rules ◽  
Immoral Behavior ◽  
Other Hand ◽  
Law And Morality ◽  
The One

The article is devoted to the problem of the interaction between law and morality and especially whenlaw influences on morality. The influence of law on morality has two opposite sides. On the one hand, lawdefenses morality but on the other hand, law alters morality. The author of the article marks that suchalteration has negative trend according to which law approves immoral behavior as conformist or marginal.On the basis of analysis of certain legal rules and historical examples the author shows different possibilitiesof the interaction between law and morality and especially the influence of law on morality. There is aconclusion in the article according to which it is highly important to form legal system of Russia based onmorality.

Mistake of law and mistake of fact in English law of restitution

2014 ◽  
Vol 82 (3-4) ◽  
pp. 261-283
Author(s):  
Jan Halberda
Keyword(s):  
Legal System ◽  
City Council ◽  
The Other ◽  
Other Hand ◽  
History Of ◽  
English Law ◽  
The One

The paper discusses the history of the English law doctrine according to which the mistake of law (error iuris) is a bar for restitution. The author seeks to analyze the premises of mistake that led to recovery of the payment. Since the adjudication of the leading case Bilbie v. Lumley (1802) it was settled by the courts that he who had paid while operating under mistake of fact could demand restitution. On the other hand the one who acted under mistake of law could not. Over the last two centuries, until the ground-breaking decision in Kleinwort Benson Ltd v. Lincoln City Council (1999), the distinction into mistake of law and mistake of fact was very important in cases of undue payment. The author ventures whether there are any foundations for the promotion of the thesis that the aforementioned distinction might be an example of the reception of continental doctrines by the English legal system.


On the Other Hand

2016 ◽  
Vol 2 (4) ◽  
Author(s):  
Robert Freidin ◽  
Juan Uriagereka ◽  
David Berlinski
Keyword(s):  
Generative Grammar ◽  
The Other ◽  
Noam Chomsky ◽  
Other Hand ◽  
History Of

The following remarks attempt to place Jean-Roger Vergnaud’s letter to Noam Chomsky and Howard Lasnik more centrally within the history of modern generative grammar from its inception to the present.

Probleme de interpretare privind constituționalitatea și capacitatea juridică a subdiviziunilor administrativ-teritoriale

2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
The Other ◽  
Political Regime ◽  
Legal Capacity ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
The Revolution

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."

scholarly journals “The Bearers of Unholy Potential”: Confessing Church Sermons on the Jews and Judaism

2016 ◽  
Vol 11 (1) ◽  
Author(s):  
William Skiles
Keyword(s):  
Hebrew Bible ◽  
The Other ◽  
Nazi Regime ◽  
Confessing Church ◽  
Nazi Ideology ◽  
Other Hand ◽  
History Of ◽  
Mixed Messages ◽  
German People ◽  
The One

This article examines the nature and frequency of comments about Jews and Judaism in sermons delivered by Confessing Church pastors in the Nazi dictatorship.  The approach of most historians has focused on the history of antisemitism in the German Protestant tradition—in the works, pronouncements, and policies of the German churches and its leading figures.  Yet historians have left unexamined the most elemental task of the pastor—that is, preaching from the pulpit to the German people.  What would the average German congregant have heard from his pastor about the Jews and Judaism on any given Sunday?  I searched German archives, libraries, and used book stores, and analyzed 910 sermon manuscripts that were produced and disseminated in the Nazi regime.  I argue that these sermons provide mixed messages about Jews and Judaism.  While on the one hand, the sermons express admiration for Judaism as a foundation for Christianity, an insistence on the usage of the Hebrew Bible in the German churches, and the conviction that the Jews are spiritual cousins of Christians.  On the other hand, the sermons express religious prejudice in the form of anti-Judaic tropes that corroborated the Nazi ideology that portrayed Jews and Judaism as inferior: for instance, that Judaism is an antiquated religion of works rather than grace; that the Jews killed Christ and have been punished throughout history as a consequence.  Furthermore, I demonstrate that Confessing Church pastors commonly expressed anti-Judaic statements in the process of criticizing the Nazi regime, its leadership, and its policies.

Private property, public access and occupiers’ liability

Legal Studies ◽  
1995 ◽  
Vol 15 (3) ◽  
pp. 335-355
Author(s):  
FR Barker ◽  
NDM Parry
Keyword(s):  
Legal System ◽  
Private Property ◽  
Good Deal ◽  
Public Access ◽  
The Other ◽  
Legal Responsibility ◽  
Policy Preference ◽  
Duty Of Care ◽  
Liability Rules ◽  
Legal Rules

There is nothing new about legal rules which provide that a person who is in control of land owes a duty of care to entrants thereto. These occupiers’ liability rules are often seen as something primarily to do with tort, but their content and substance are also likely to reveal a good deal about the ‘property policy’ of the legal system in question, in the sense that they will indicate the respective weight and importance attachkd to various kinds of competing claim over land. A legal system containing rules that restrict the circumstances in which those with individual, controlling claims over land owe a duty of care to other persons entering that land would appear to indicate a policy preference for supporting and protecting ‘private property’ claims to land above others. On the other hand, a system which imposes on those controlling land a greater degree of legal responsibility for persons entering thereon may be one based on a policy of recognising, protecting and supporting a range of claims in land beyond those of a narrow, private nature.

scholarly journals Kant, Nietzsche and the idealization of friendship into nihilism

2013 ◽  
Vol 54 (128) ◽  
pp. 401-417
Author(s):  
Paul van Tongeren
Keyword(s):  
19Th Century ◽  
Literary Imagination ◽  
The Other ◽  
Other Hand ◽  
History Of ◽  
The One ◽  
Articles Of Faith ◽  
The 19Th Century

Is friendship still possible under nihilistic conditions? Kant and Nietzsche are important stages in the history of the idealization of friendship, which leads inevitably to the problem of nihilism. Nietzsche himself claims on the one hand that only something like friendship can save us in our nihilistic condition, but on the other hand that precisely friendship has been unmasked and become impossible by these very conditions. It seems we are struck in the nihilistic paradox of not being allowed to believe in the possibility of what we cannot do without. Literary imagination since the 19th century seems to make us even more skeptical. Maybe Beckett provides an illustration of a way out that fits well to Nietzsche's claim that only "the most moderate, those who do not require any extreme articles of faith" will be able to cope with nihilism.

scholarly journals On Apogamy and the development of Sporangia upon fern prothalli

1898 ◽  
Vol 63 (389-400) ◽  
pp. 56-61
Keyword(s):  
Life History ◽  
Point Of View ◽  
The Other ◽  
Normal Life ◽  
Other Hand ◽  
General Importance ◽  
Two Generations ◽  
History Of ◽  
Alternation Of Generations

The two most important deviations from the normal life-history of ferns, apogamy and apospory, are of interest in themselves, but acquire a more general importance from the possibility that their study may throw light on the nature of alternation of generations in archegoniate plants. They have been considered from this point of view Pringsheim, and by those who, following him, regard the two generations as homologous with one another in the sense that the sporophyte arose by the gradual modification of individuals originally resemblin the sexual plant. Celakovsky and Bower, on the other hand, maintaint the view tha t the sporophyte, as an interpolated stage in the life-history arising by elaboration of the zygote, a few thallophytes.

Attitudes to reform: political parties in Ulster and the Irish land bill of 1881

1985 ◽  
Vol 24 (95) ◽  
pp. 327-340
Author(s):  
Francis Thompson
Keyword(s):  
Political Parties ◽  
Detailed Examination ◽  
The Other ◽  
The South ◽  
The North ◽  
Other Hand ◽  
Previous Decade ◽  
History Of

The Irish land act of 1881, it is generally agreed, was a victory for the Land League and Parnell, and nationalist policy with regard to the act and the attitude of southern tenants towards it have been many times subjected to detailed examination by historians of this period. In these analyses of the events of 1880–81, however, little reference is normally made to the part played by the different parties and interests in the north of the country. It is often assumed, for example, that the Ulster tenants held aloof from the campaign for reform, lending no more than occasional vocal support to the agitational efforts of tenants in the south and west. Indeed, they were later excoriated by William O'Brien, Michael Davitt and others not only for giving no support to the land movement but also for sabotaging Parnell's policy of testing the 1881 act by precipitately rushing into the land courts to take advantage of the new legislation: ‘that hard-fisted body of men, having done nothing themselves to win the act, thought of nothing but turning it to their own immediate use, and repudiating any solidarity with the southern and western rebels to whom they really owed it’. If, however, northern tenants were harshly judged by nationalist politicians in the years after 1881, the part played by the northern political parties in the history of the land bill has been either ignored or misunderstood by historians since that time. The Ulster liberals, for example, are rarely mentioned, the implication being that they made no contribution to the act even though it implemented almost exactly the programme on which they had been campaigning for much of the previous decade. The northern conservatives, on the other hand, are commonly seen as leading opponents of the bill, more intransigent than their party colleagues in the south, ‘quick to denounce any weakening of the opposition’ to reform, and ‘determined to keep the tory party up to the mark in defending the landlord interest’

scholarly journals Amos: ’n teologie van bedreiging?

1998 ◽  
Vol 32 (3) ◽  
Author(s):  
J. L. Helberg
Keyword(s):  
Space Time ◽  
The Other ◽  
Moral Justification ◽  
The Real ◽  
Other Hand ◽  
Personal Approach ◽  
History Of

The book of Amos contains many undertones of threat, except in the epilogue which, according to many scholars, is redactional The question thus comes to the fore whether this characteristic implies that God is seen by Amos as a God of threat for whom one can only have fear. This article, however, points out Amos’ moral justification of God's deeds. Israel's actions, on the other hand, display a self-centredness and a lack of theocentric and personal approach. Within this framework the history of salvation, especially the exodus and the conquest of the land, as well as the election, covenant and the idea of the remnant, is fossilised and God is made a captive of space, time and relations. However, Amos' proclamation implies that in reality God cannot be made captive - neither of such a religion nor of a theology of threat. Amos envisions a situation in which everything will comply with the real aim set for it/him.

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