Jewish and Roman Law: A Study in Interaction

2020 ◽  
pp. 379-393
Author(s):  
Haym Soloveitchik

This chapter discusses the laws regulating usury (ribbit). In the course of studying ribbit, more specifically, the problem of personal surety in usury contracts, certain peculiar developments in Provençal halakhic thought came to the author's attention which were not explainable by indigenous forces. The geographical distribution of the discussion seemed oddly disproportionate, the fictions too blatant, the types of problem that were raised seemed inappropriate for the period, and the terminology was occasionally alien. The author was compelled to look outside Jewish law for possible stimuli. Placing the Jewish developments within the context of twelfth-century Provençal law shed light on a number of seemingly inexplicable points. The Jewish literature, on the other hand, provided new information about the Gentile law of the time and yielded fresh corroboration for theories of the penetration of Roman law in Provence. However, at the same time this material seemed to point to an earlier date for certain legal developments than is generally accepted. It is these findings that the author wishes to bring to the attention of the scholars of Provençal law.

Traditio ◽  
1943 ◽  
Vol 1 ◽  
pp. 79-137 ◽  
Author(s):  
Dom Anselm Strittmatter

The following Latin version, hitherto unpublished, of the Byzantine Liturgies of St. Basil and St. John Chrysostom was generously placed at my disposal by my confrère, the late lamented Dom André Wilmart, O.S.B., who about seventeen years ago discovered and transcribed it from a manuscript purchased at London in 1899 by the Bibliothèque Nationale:Nouv. Acq. lat. 1791Since the manuscript was written in the second half of the twelfth century, this translation is—to put it roughly—at least as old as that of the Liturgy of St. John Chrysostom (= X) made at Constantinople about 1180 by the Pisan interpreter, Leo Tuscus, or that of the Liturgy of St. Basil (= B) made shortly afterward by Nicholas of Otranto. But it is important to note at the outset that the present translation represents a considerably earlier redaction of the Liturgies than do the two aforesaid versions, for we have here, as in the earliest of our manuscripts, theBarberinum S. Marci(=BSM), and several others, the prayers of the celebrant only and a corresponding minimum of rubrics. Of special significance, moreover, are the two following facts: first, the precedence given to B, an arrangement found in comparatively few manuscripts, among them the oldest which we know; and secondly, the occurrence in this same Liturgy of ancient rubrics and of the ancient form of at least one exclamation of the deacon, which point to a very early recension as the original from which the translator worked. On the other hand, over against this ancient form stands a relatively modern text, for not only are certain prayers which appear in the most ancient manuscripts only, missing from this translation, but in those few prayers also in the tradition of which it is possible to distinguish an older from a more recent set of readings, it is the latter which are almost invariably found. Similarly, the indication of certain acclamations by the initial words only (an ancient trait) and the writing out of the ἐκΦωνήσ∊ις in full (a very late practice) constitute another combination of ancient and recent features. But to attempt on the basis of these characteristics to fix the date of either the original or the translation, is to face possibilities only, concerning which it would be useless to speculate.


2021 ◽  
Author(s):  
Wendy Ross ◽  
Frédéric Vallée-Tourangeau

There is a type of riddle that Bar-Hillel, Noah and Frederick (2018) call “stumpers”. A stumper is a riddle which is initially intractable because the mental model or representation of the situation described in the riddle does not contain the vital information which is required to solve it. The Cognitive Reflection Task (CRT; Frederick, 2005) on the other hand relies on seemingly completely different cognitive processes. However, exploratory work from Bar-Hillel et al. (2019) suggests that success on stumpers correlates with performance on the CRT. This finding may shed light on the cognitive processes underlying both the resolution of stumpers and the CRT. We replicated the work from Bar-Hillel et al. (2019) suggesting a relationship between performance on the CRT and performance on stumpers as well as extending this to show a relationship between performance on the CRT-v. This may point to the underexplored importance of suppression in solving stumpers and traditional riddles.


2021 ◽  
pp. 98-116
Author(s):  
Alicia Walker

Focusing on Early and Middle Byzantine (fourth-to-twelfth-century) objects, images, and texts, this essay explores the tension between, on the one hand, efforts of the Byzantine church and state to discourage and control bodily adornment and modification and, on the other hand, the extensive evidence of widespread and immoderate engagement with these practices. The enhancement and manipulation of Byzantine bodies is considered as both a real and a metaphoric phenomenon. Evidence culled from secular and sacred, written and material sources demonstrates the importance of bodily adornment and modification to our understanding of Byzantine material and visual culture.


2017 ◽  
Vol 13 (S334) ◽  
pp. 166-169
Author(s):  
P. E. Nissen ◽  
V. Silva Aguirre ◽  
J. Christensen-Dalsgaard ◽  
R. Collet ◽  
F. Grundahl ◽  
...  

AbstractHigh-precision abundances of elements have been derived from HARPS-N spectra of F and G main-sequence stars having ages determined from oscillation frequencies delivered by the Kepler mission. The tight relations between abundance ratios of refractory elements, e.g., [Mg/Fe] and [Y/Mg], and stellar age previously found for solar twin stars are confirmed. These relations provide new information on nucleosynthesis and Galactic evolution. Abundance ratios between volatile and refractory elements, e.g., [C/Fe] and [O/Fe], show on the other hand a significant scatter at a given age, which may be related to planet-star interactions. This is a potential problem for chemical tagging studies.


Author(s):  
Donald R. Kelley

Centuries of Roman jurisprudence were assembled in the great Byzantine collection, the Digest, by Tribonian and the other editors. Roman law became more formal when during the Renaissance of the twelfth century it came to be taught in the first universities, starting with Bologna and the teaching of Irnerius. The main channels of expansion were through the Glossators and post-Glossators, who commented on the main texts and on later legislation by the Holy Roman Emperors, which included “feudal law,” but also by notaries and other proto-lawyers. Christian doctrine also became part of the “Roman” tradition, and canon and civil law were taught together in the universities as “civil science.” According to the ancient Roman jurist Gaius, “all the law which we use pertains either to persons or to things or to actions,” three categories that exhaust the external human condition—personality, reality, and action. In the nineteenth century, the study of Roman law lost its ideological power and became part of philology and history, at least so concludes James Whitman.


2020 ◽  
Vol 24 (2) ◽  
Author(s):  
Wellington José Santana

The present article analyses critically the paradox of phenomenon claimed by Danish Philosopher Kierkegaard and Marion’s new concept named saturated phenomenon. While the concept of God, by definition, must surpass the realm of empiricism, perhaps the something may shed light over what God must be: Excess. However, Marion developed a new concept of phenomenon that not only occupies the immanence world, but also goes beyond. It is called saturated phenomenon. In order to address the question one might understand the limit of the givenness and then what does it mean saturated givenness. We probably all have had the sense of being overwhelmed by something and this can lead toward a sense of torpor or numbness. In the other hand, Kierkegaard affirms that God is so different than a human being, so totally other that we may think we’re right in demanding God make himself understood and be reasonable towards us. Kierkegaard upholds that we’re always dealing with God in the wrong way. I will argue that Marion, however, following phenomenological footsteps indicates a new path toward how to address God properly.   Key words: Paradox; Saturated phenomenon; freedom; Excess. 


Author(s):  
Emil Bernhardt

My aim in this article is to develop a possible understanding of Adorno’s thoughts on musical interpretation as they appear in a collection of fragments posthumously published in 2001 under the title of Zu einer Theorie der musikalischen Reproduktion [Towards a Theory of Musical Reproduction]. I do this by using an actual sounding example, with emphasis on the dialectical relationship between the written text and the sounding realization. On the one hand, I use a passage by Beethoven (Symphony No. 1, First Movement) that is characterized by some philological uncertainties regarding articulation, explained in slightly different ways in three so-called Urtext-editions of the score. On the other hand, I use a recorded interpretation of the Vienna Philharmonic Orchestra conducted by Austrian Nikolaus Harnoncourt. I will argue that, in this performance, Harnoncourt’s articulation of the actual passage provides a useful illustration of the tension between text and sound. Moreover, as the interpretation is also musically intriguing, it seems to function as a thought-provoking example of the dialectical relationship which for Adorno characterizes a successful musical interpretation. Thus, the article aims to shed light on both Adorno’s somewhat intricate speculations and Harnoncourt’s personal practice of interpretation.


2021 ◽  
Vol 10 (2-3) ◽  
pp. 195-221
Author(s):  
Shūhei Fujii

Abstract This paper will shed light upon the history and current state of Japanese Zen Buddhism in Europe. Japanese Zen has mainly been transmitted in two ways among European countries: via the group founded by Deshimaru Taisen, and through Christian Zen. Deshimaru went to Europe and taught Zen. His teaching represented Zen as a wholistic, scientific, and peaceful Eastern religion. Though his group initially expanded greatly, it split into several subgroups following Deshimaru’s death. On the other hand, Sanbō Kyōdan promoted ecumenical integration between Christianity and Zen. The longstanding interest in Zen among Christians can be seen in the contemporary “spiritual exchange of the East-West.” Concerning the current state of Zen in Europe, data show that there are more than 270 Zen centers in Europe, located in 24 countries. An analysis of the contemporary situation thus demonstrates that European Zen is mobile, has various forms, and has influenced Japanese institutions.


2021 ◽  
Vol 24 (2) ◽  
pp. 231-246
Author(s):  
Jonathan Jacobs

Abstract This study addresses the views of two Byzantine commentators regarding Targum Onqelos: R. Samuel Roshano of the twelfth century and R. Meyuhas ben Elijah of the thirteenth. R. Samuel explicitly refers to the translation forty-six times; R. Meyuhas makes explicit reference to it 104 times. But there are differences between the two commentators in their relation to the Targum: R. Samuel never mentions the name Onqelos, while R. Meyuhas does so explicitly; R. Samuel systematically cites the text of the Targum, while in most cases in R. Meyuhas’ commentary, there is no accurate citation. The qualitative difference is in their respective relationships with the Targum: all of R. Samuel’s references to it signal his agreement; R. Meyuhas, on the other hand, while frequently agreeing with Onqelos, also brings the Targum as one of two possible alternatives and sometimes openly challenges its interpretation.


2006 ◽  
Vol 49 (2) ◽  
pp. 453-476 ◽  
Author(s):  
VALESKA HUBER

This article analyses the proceedings of eight International Sanitary Conferences which were convened between 1851 and 1894 to address the danger that cholera epidemics posed to Europe. These conferences are examined in the context of the intellectual and institutional changes in scientific medicine and in the light of the changing structure of internationalist endeavours that took place in the second half of the nineteenth century. The article shows that the International Sanitary Conferences were as much spaces of co-operation as they were arenas where differences and boundaries between disciplines, nations, and cultures were defined. Furthermore, it seeks to shed light on a broader tension of the period. On the one hand, the fact that the world was growing together to an unprecedented extent due to new means of transportation enabled Europeans to establish and expand profitable commercial and colonial relations. On the other hand, this development increased the vulnerability of Europe – for example to the importation of diseases. The perception that the world was becoming increasingly interconnected was thus coupled with the need for controllable boundaries. The conferences attempted to find solutions as to how borders could be secured without resorting to traditional barriers; like semipermeable membranes they should be open for some kinds of communication but closed for others.


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