Christianity

2019 ◽  
pp. 213-254
Author(s):  
Yaacob Dweck
Keyword(s):  
Religious Belief ◽  
Overwhelming Majority ◽  
Early Stages ◽  
Ancient Judaism ◽  
Social Authority ◽  
The Social ◽  
The Law ◽  
The One

This chapter studies Jacob Sasportas's The Fading Flower of the Zevi within the context of Jewish responses to Christianity. Unlike the overwhelming majority of Sephardim in northwestern Europe, Sasportas had little to say about Christianity for much of his life. This changed dramatically in 1665–1666 when he made a pointed analogy between the followers of Sabbetai Zevi and the early followers of Jesus. Sabbetai Zevi and the Sabbatian movement forced Sasportas to confront Christianity. The emergence of a contemporary Jewish heresy—for no actual social distinctions divided “believers” from “unbelievers” in the early stages of the movement—propelled him to reimagine Christianity, which he now described as a heretical or ideological offshoot of ancient Judaism. Sasportas's turn to Christianity was not at all directed at learned Protestant readers in contemporary Hamburg or Amsterdam. Rather, it was an attempt to convince his fellow Jews that the figure they had embraced as the Messiah was closer to Jesus than to the redeemer envisioned in the final chapters of Maimonides's Code. Religious belief threatened the inviolate status of the law and, therefore, undermined the social authority of the one who determined the law: the rabbi.

What is the Nature of the Crime of the Delinquent Daughter in Deuteronomy 22:13-21? A Rejoinder to J. Fleishman's Suggestion

2009 ◽  
Vol 59 (3) ◽  
pp. 446-459
Author(s):  
Meir Malul
Keyword(s):  
Death Penalty ◽  
The Other ◽  
Exact Nature ◽  
Previous Suggestion ◽  
Social Community ◽  
Legal Proceedings ◽  
The Social ◽  
The Law ◽  
New Interpretation ◽  
The One

AbstractThe exact nature of the girl's crime in the law of the delinquent daughter in Deut 22:13-21 is examined, starting by a detailed critique of J. Fleishman's previous suggestion in this journal (vol. 58, pp. 191-210) to construe it in the light of the law of cursing the parents in Exod 21:17 and understand it as an innovation and restriction of the latter law. In his view, the girl's sin is tantamount to cursing her parents, which, like the sin of the glatton and drunkard son according to Deut 21: 18-21, meant the undermining of the parents' authority and status, for which both boy and girl deserved the death penalty. In the following critique, it is underlined that the girl's sin is, first, not one of omission but of commission, and, second, it is not against her parents but against her husband, who is also the one to initiate the legal proceedings. A new interpretation is suggested, according to which the girl's crime, defined in v. 21 as an act of and a deed of, consisted not only in concealing her previous loss of virginity from her husband, thus deceiving him and her parents, but also in duping her husband into committing a sin comparable to that of lying with a menstruating, and thus desolate, woman. Being deprived of virginity, and thus of the socially recognized status of a virgin, she became, like Tamar (2 Sam 13:20), “desolate, forlorn”, an unenviable state from which only her seducer/ravisher could redeem her (thus are the sense and goal of the laws of the seduced virgin in Exod 22:15-16 and Deut 22:28-29). Trying to dupe her husband into steping in and performing what custom and law dictated the other man—the seducer/ravisher—should have done, and thus to arrogate to herself a social status she did not deserve, was then tantamount to undermining social structure and striking at the fibers that constituted the essence and integrity of the social community (cf. Prov 30:21-23).

scholarly journals Czy idea tak zwanej wtórnej legalności się broni?

2017 ◽  
Vol 43 ◽  
pp. 401-420
Author(s):  
Jarosław Majewski
Keyword(s):  
Legal Culture ◽  
Social Benefits ◽  
Final Conclusion ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Basic Assumptions ◽  
The Social ◽  
The Law ◽  
The One ◽  
Made In

Is the idea of so-called “secondary legality” defensible?The aim of the study is critical analysis of the idea of so-called “secondary legality” of an act used by some jurists to explain types of behaviour falling into the category of circumstances excluding lawlessness of an act justification, namely to define the relation between such types of behaviour and the legal system as a whole, and the various sanctioned norms that are part of the system. First, the author examines the relation between the assumption that a type of behaviour which falls within the category of circumstances excluding lawlessness of an act constitutes a legal transgression of the sanctioned norm, and the basic assumptions made in the Polish legal culture concerning the process of creation and application of the law as well as its systematic analysis. He demonstrates that consistent use of the secondary legality category would require a considerable remodelling of these assumptions, above all, rejection of the assumption that legal norms are introduced to be met as well as all consequences stemming from this assumption as well as abandonment of the approach to the law as a set of legal norms that is internally cohesive. Next, the author analyses the internal aspects of the idea of secondary legality of an act. He demonstrates that it encompasses contradictory statements: on the one hand that justifi able behaviour constitutes socially harmful, negative and thus a typical attack on legal interest, and on the other hand that the social benefits ultimately outweigh losses in the case of justifiable behaviour. All the above justifies the author’s final conclusion that the category of secondary legality of an act is not useful.

Public Lawyers, Political Trials and the Neutrality of the Legal Profession

1981 ◽  
Vol 16 (1) ◽  
pp. 20-27
Author(s):  
Vittorio Denti
Keyword(s):  
Legal Profession ◽  
Basic Element ◽  
The Other ◽  
Law Schools ◽  
The Social ◽  
Political Choices ◽  
The Law ◽  
Political Trials ◽  
The One ◽  
The 19Th Century

A discussion on the neutrality of the lawyer requires some preliminary elucidation. Indeed, as concerns the judge's function, the term “neutrality” is generally used in connection with diverse principles such as: (a) the judge's impartiality with regard to parties, a basic element characterizing the adversary process, according to a tradition dating back to classical liberalism; (b) the judge's neutrality with regard to the law, typical of codified law systems where political choices are entrusted to the legislative power, the judge being a mere interpreter of the law, according to objective criteria; (c) the judge's independence of the other public powers, and thus his autonomy with regard to the aims pursued by the legislative and executive powers.We will not dwell here on the fact that the principle of the judge's neutrality, according to the liberal tradition, is now undergoing a crisis, in connection with the evolution of modern states. Together with the principle of the judge's neutrality, this same tradition also developed, though in a markedly different sense, the principle of the lawyer's neutrality, which became deeply rooted in the conception of the legal profession; the common inheritance of all liberal states up to the social revolutions of the 20th century. This “neutrality” encompasses different aspects of the legal profession, whose common matrix can be found, on the one hand, in the social composition of lawyers as a class and in the viewing of the legal profession as a “liberal” profession; and on the other, in the characteristics of legal education in the 19th century law schools.

scholarly journals When Justice Fails: Jurisdiction and Imprecation in Ancient Egypt and the near East

1992 ◽  
Vol 78 (1) ◽  
pp. 149-162 ◽  
Author(s):  
Jan Assmann
Keyword(s):  
Social Order ◽  
Near East ◽  
Social Institutions ◽  
Ancient Egypt ◽  
The Other ◽  
Near Eastern ◽  
The Social ◽  
The Law ◽  
The Difference ◽  
The One

In this comparative study of ancient belief and practice, the Egyptian evidence is analysed first, then placed in the wider context of the Near East. It is argued that, while laws and curses are both ways of preventing damage by threatening potential evildoers with punishment, the difference lies in the fact that in the one case punishment is to be enforced by social institutions, in the other by divine agents. Curses take over where laws are bound to fail, as when crimes remain undetected and when the law itself is broken or abandoned. The law addresses the potential transgressor, the curse the potential law-changer who may distort or neglect the law. The law protects the social order, the curse protects the law. These points are illustrated by extensive quotation from Egyptian and Near Eastern texts.

New trends in the agrarian cooperation legislation

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Hafurova Olena ◽  
◽  
Marchenko Svitlana ◽  
Keyword(s):  
Negative Trend ◽  
Social Orientation ◽  
Agricultural Cooperative ◽  
For Profit ◽  
Cooperative Movement ◽  
Social Sphere ◽  
Gradual Loss ◽  
The Social ◽  
The Law ◽  
The One

The article is provided a scientific and theoretical analysis of trends in Ukrainian legislation in the field of agricultural cooperation. The author notes that in the Law of Ukraine of July 21, 2020 «On Agricultural Cooperation» (new Law) on the one hand, describes in detail the basics of functioning of these entities, but, on the other – its content almost completely eliminates the basic principles of agricultural cooperation established by domestic law and also contradicts the principles of the cooperative movement. There is a general negative trend in the development of legislation on agricultural cooperation. It is already traced in the Law of Ukraine of November 20, 2012 «On Amendments to the Law of Ukraine «On Agricultural Cooperation», that is characterized by «truncated form» (out of 38 articles, only 16 remained), significant number of reference provisions, establishing advantages for the development of agricultural service cooperation. With the adoption of the new Law, this negative trend has deepened and is in the artificial separation of agricultural cooperation from the cooperative system and the gradual loss of its social orientation. This approach is unacceptable and will negatively affect the further development not only of agricultural cooperation as a socio-legal phenomenon, but also of agricultural production and the social sphere of the countryside. Keywords: principles of agricultural cooperation, agricultural cooperative, agricultural service cooperative, agricultural industrial cooperative, agricultural cooperative which operates without profit, agricultural cooperative which operates for profit

Legal Justice, Social Justice: An Incursion into the Social History of Work-Related Accident Law in Ontario, 1860-86

1988 ◽  
Vol 6 (1) ◽  
pp. 1-24 ◽  
Author(s):  
R. W. Kostal
Keyword(s):  
Decision Making ◽  
Social History ◽  
Work Related ◽  
The Social ◽  
History Of ◽  
Firm Basis ◽  
The Law ◽  
Hired Labor ◽  
The One ◽  
Legislative Decision

The historiography of work-related accidents in nineteenth-century Ontario is a product of two complementary but as yet unsynthesized lines of inquiry. On the one hand, legal historians have focused on the genesis of judge-made and statutory law respecting the liability of employers for the work-related accidents of their hired labor. Considerable light has been shed on political and ideological as well as formally “legal” factors that shaped judicial and legislative decision making concerning personal injuries at work. However, the legal historiography of the Victorian Ontario workplace pertains mainly to the law and those who made the law, rather than those subject to it. These studies of the dynamics of legal change, important as they are, lack a firm basis in tangible sociohistorical experience.

scholarly journals O eksplanacyjnych możliwościach kulturowego ujęcia systemowości prawa

2016 ◽  
Vol 104 ◽  
pp. 61-72
Author(s):  
Tomasz Barankiewicz
Keyword(s):  
Social Life ◽  
The Other ◽  
Complex Phenomenon ◽  
Cultural Patterns ◽  
Late Modernity ◽  
Cultural Approach ◽  
Normative System ◽  
The Social ◽  
The Law ◽  
The One

ON THE EXPLANATORY POSSIBILITIES OF CULTURAL APPROACH TO SYSTEMIC CHARACTER OF LAWThe article discusses the issue of cultural understanding of the law. Generally in this study we describe the condition of society of the period of late modernity. First of all, we assume that, on the one hand, law is a certain system of norms founded traditionally according to the principle of non-contradiction, whereas on the other hand, the constituted law cannot be isolated from other regulators of social life. The law is a complex phenomenon and can be analyzed at many levels. However, using the social and cultural argument, the principle of non-contradiction refers to the whole axiological and normative system of a given culture. The cultural approach applied here points to both the diversity as well as the unity of cultural patterns and rules in social life.

scholarly journals Transforming the Society in The Modern Society

2021 ◽  
Vol 104 (1-2) ◽  
pp. 34-41
Author(s):  
Georgi Berikashvili
Keyword(s):  
Social Structure ◽  
Modern Society ◽  
Industrial Society ◽  
Social Changes ◽  
Social Effectiveness ◽  
The Rule Of Law ◽  
The Social ◽  
Economic Stagnation ◽  
The Law ◽  
The One

The article is devoted to the issues of the influence of modern social changes on the social effectiveness of the law. Social values and institutions are changing dramatically, and this must find expression in the rule of law. According to the author, modern social structure is characterized by an unprecedented increase in the complexity of the social organization, the strengthening of cultural and exchange ties, increasing cultural diversity, the formation of standards typical of the era of mass industrial society, and their corresponding personality, trying to realize their creative potential. At the same time, the author notes that in modern society, people often become a mass tool for resolving social conflicts. According to the author, in modern conditions, the social structure has also undergone significant transformations, but the existing social reality is very contradictory. On the one hand, economic efficiency is increasing and the most highly-paid and privileged strata are expanding. On the other hand, for the majority of the population, economic stagnation persists and the socio-economic situation is deteriorating. Keywords: transformation, globalization, social effectiveness of the law.

Law and Social Norms

2017 ◽  
Author(s):  
Emanuela Carbonara
Keyword(s):  
Social Norms ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Social ◽  
Self Interest ◽  
Intrinsic Efficiency ◽  
The Law ◽  
The One ◽  
Historical Moment ◽  
The Impact

Legal norms are often seen as a means to regulate behaviour when neither self-interest nor social norms produce the desired behaviour in individuals. This suggests, on the one hand, that the law should regulate those areas in which social norms do not exist and provide support and extra enforcement in those areas where social norms exist. It also suggests on the other hand that there seems to be no questioning of the intrinsic efficiency and fairness of existing social norms. This article first looks at the genesis of social norms and the mechanism of their enforcement. This allows a closer inspection of the efficiency and fairness concepts. It then considers the impact that introducing legal norms has in contexts in which social norms already exist and in those that social interaction left unregulated. The main issue here is that the social norms prevailing at some historical moment may be just an equilibrium among multiple equilibriums. Given many possible equilibriums, we need to explain why and how one equilibrium is selected and others are rejected. The scholarship on social norms emphasizes that expressive acts in law can select the equilibrium. Legal norms seemingly reinforce existing social norms, bending them towards the law when discrepancy exists and favouring their creation where social norms do not exist. However, legal regulation can also destroy existing social norms (crowding out) or it can be defeated by them (legal backlash and countervailing effects).

scholarly journals Reform of criminal Code and Requirements building of Good Governance

2016 ◽  
Vol 2 (4) ◽  
pp. 9
Author(s):  
Hassan Abd-Ali Isa
Keyword(s):  
Criminal Law ◽  
Good Governance ◽  
Criminal Policy ◽  
Criminal Code ◽  
Penal Code ◽  
Political Transformations ◽  
The Social ◽  
Dialectical Relationship ◽  
The Law ◽  
The One

The law is a key input for the establishment of good governance, it is no guarantee the rule of law cannot achieve good governance in the community requirements. So the law must be responsive to the objectives which aims to achieve good governance on the one hand, and the line with the social, economic and political transformations concurrent with his other hand. This dialectical relationship assumes without doubt the various branches of law reform, including the Iraqi Penal Code No. 111 of 1969. The purpose statement that includes research on two aspects, the first focuses on clarifying dialectical relationship between good governance and reform of the Penal Code. The second shows the main directions of the reform of the Iraqi Penal Code No. 111 of 1969, with a focus on the most important, in the light of contemporary criminal policy. It is limited to the (humanization of the criminal law), and (expand criminalization circle), and (internationalization of the criminal law).

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