The Laws of Moses and the Laws of the Emperor

2021 ◽  
pp. 235-260
Author(s):  
Rachel Manekin
Keyword(s):  
Jewish Law ◽  
Habsburg Empire ◽  
Marriage And Divorce ◽  
Divorce Laws ◽  
The Law ◽  
Local Ordinances ◽  
Austrian Law ◽  
The Impact ◽  
The Way

This chapter focuses on marriage and divorce, which symbolizes the Galician Jewry’s failure to internalize Austrian legal and civil norms. It talks about Galician Jews that married clandestinely in accordance with Jewish law but in violation of Austrian law, causing children of such marriages that carried their mother’s last name to be considered illegitimate. It also examines how the application of Austrian marriage and divorce laws to Habsburg Jewry developed and illustrates the impact of these laws on Galician Jewry. The chapter focuses on the two division of the marriage and divorce laws: legislation that applied throughout the Habsburg empire and political laws or local ordinances that applied to Galician Jews. It talks about how the division affected the way many Galician Jews viewed the law of the land.

Sadducees and Pharisees: Two Controversies

1999 ◽  
Vol 33 (4) ◽  
pp. 743-755
Author(s):  
Reuven Yaron
Keyword(s):  
Short Paper ◽  
Strict Sense ◽  
Marriage And Divorce ◽  
The Law ◽  
Interim Period ◽  
The Way

Our colleague, Professor Ze'ev Falk died on the eve of Rosh Hashana 5759, at the age of 75. His scholarly interests ranged widely; he was expert, inter alia, on the law of the interim period, between Bible and Talmud. Concerning later periods, his attention was given primarily to the law of marriage and divorce. He was a deeply religious man, yet free from any trace of complacency. When, as happens, he was unhappy with the way halakha went, he was wont to speak out and search for solutions. That the custodians of halakha would not tend to heed his suggestions, need not surprise. As a rule, they are reluctant to take notice of question-marks and solutions originating from without; and in their strict sense Falk was an outsider. But this was their problem rather than his.This short paper is presented here in eius memoriam, as a token of friendship and respect. It would have been within the sphere of his interest.May he rest in peace.

scholarly journals Parental Responsibility, Hyper-parenting, and the Role of Technology

2016 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Genetic Enhancement ◽  
The Political ◽  
Parental Responsibility ◽  
The Law ◽  
Impact Of Technology ◽  
The Impact ◽  
The Way

This chapter explores the impact of technology on parenthood. It draws out some of the themes raised by the genetic enhancement debate, arguing that they reflect some of the current themes in contemporary parenthood. Particularly pertinent is the phenomenon of hyper-parenting, which itself often relies on technology to enable surveillance of children. It is argued that this practice reflects the political and popular rhetoric around conceptions of parental responsibility, which has been picked up and reinforced in the law. The chapter concludes by arguing against an overemphasis on the power that parents have over children to train them to be good citizens and argues for a relational vision of parenthood, recognizing also the power that children have over adults and the way that children can shape parents.

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.

Controlling the ‘Social Evil’: Policing Prostitution

2016 ◽  
Author(s):  
Louise Settle
Keyword(s):  
Police Officers ◽  
Social Attitudes ◽  
Police Chief ◽  
Men And Women ◽  
Social Evil ◽  
Street Prostitution ◽  
The Social ◽  
The Law ◽  
The Impact ◽  
The Way

This chapter focuses on the ways in which legislation was implemented by the police and magistrates on a day-to-day basis, and the impact police policies had on the regulation and organisation of prostitution. Rather than there being a ‘crack-down’ on prostitution, as was the case in other cities such as London during this period, in Edinburgh and Glasgow the number of arrests and convictions sharply declined. The chapter uses police, magistrates and prison records to explore these trends further and examine the various reasons behind these patterns, including the wider changes in social attitudes towards prostitution and the importance of police chief constables and police officers in shaping the way that individual men and women were treated under the law. In particular, the importance of the Scottish method of using cautions, a system that relied on distinguishing between ‘amateur prostitutes’ and ‘hardened prostitutes’, will be examined. The first half of the chapter begins by examining the policing of street prostitution and the second half explores the policing of brothels and ‘pimps’.

A Practical Approach to Criminal Procedure

2019 ◽  
Author(s):  
John Sprack ◽  
Michael Engelhardt–Sprack
Keyword(s):  
Criminal Procedure ◽  
Practical Approach ◽  
Comprehensive Overview ◽  
Youth Court ◽  
Practical Guide ◽  
Frequent Use ◽  
Recent Developments ◽  
The Law ◽  
The Impact ◽  
The Way

Beginning with an explanation of procedure prior to the accused appearing in court, this straightforward and practical guide works through the way in which prosecutions are commenced and the process around funding by the criminal defence service and bail. It then moves on to describe proceedings in the magistrates' court, including summary trial and committal for sentence, as well as the way in which the youth court operates. Finally, the process by which serious offences are sent direct to the Crown Court; trial on indictment; and sentencing and appeals are all examined in detail. Fully updated to incorporate recent developments in the field, this new edition examines the impact of legislative developments, such as the repeal of the Criminal Courts Charge, changes to the funding system, and amendments to the Criminal Procedure Rules. Recent judicial initiatives and important new case law are also covered. Very much a practical guide, this title makes frequent use of examples, flowcharts, and tables, and is specifically designed to assist the busy professional and student. A Practical Approach to Criminal Procedure is an indispensable resource for those working in this field. The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promote ease of understanding.

scholarly journals THE AMENDMENT TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: RECONCILING THE IRRECONCILABLE

2021 ◽  
Vol 29 ((S1)) ◽  
pp. 1-15
Author(s):  
Najibah Mohd Zin ◽  
Nora Abdul Hak ◽  
Abdul Ghafur Hamid @ Khin Maung Sein ◽  
Hidayati Mohamed Jani
Keyword(s):  
Family Relationship ◽  
Legal Framework ◽  
Law Reform ◽  
Marriage And Divorce ◽  
The Family ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
Legal Arguments ◽  
The Law ◽  
The Impact

This article examines the ramifications of the recent amendment to the Law Reform (Marriage and Divorce) Act 1976 (Act 164) in protecting the wellbeing of the family relationship involving interfaith marriage and other legal issues governing non-Muslim families. The amendment witnessed substantial reforms to section 51 of Act 164 pertaining to the divorce on the ground of conversion, increasing the age limit for child maintenance and adopting more flexible principles in dividing matrimonial assets. However, the focus will be on the impact of the amendment to section 51 of Act 164 due to its significant in changing the landscape of legal arguments pertaining to jurisdiction of the court in dealing with the subject matter in dispute, ranging from the divorce and other intense arguments pertaining to maintenance of wife, child custody and religious status of children. The study adopts qualitative study in elucidating relevant documents that comprised of statutory laws, articles in legal journals and decided cases where arguments leading to the need for the reform of those affected issues were well addressed.  Certain aspects of Islamic jurisprudence will be referred to and analysed in searching for authoritative and practical legal arguments within the existing legal framework.  Harmonisation of law is adopted whenever applicable when dealing with the resolution of conflict of laws.  It is hoped that this study will provide constructive argument and invaluable source of reference for the Malaysian civil court in disposing of interfaith family disputes when the law is fully enforced.

A “Defense” of Cognitivism and the Law

2021 ◽  
pp. 139
Author(s):  
JUAN CIANCIARDO
Keyword(s):  
The Real ◽  
Legal Norms ◽  
Moral Content ◽  
The Law ◽  
Theory Of Law ◽  
Ultimate Objective ◽  
The Impact ◽  
The Way

This paper consists of a journey marked by three important milestones: (i) an overview of the controversy between cognitivism and non-cognitivism, (ii) a review of the different theoretical positions around this controversy, and (iii) an assessment on the impact of such controversy in theory of law and in the way the work of the jurist is understood. The ultimate objective is to demonstrate that, if followed coherently, noncognitivism can only lead to the unintelligibility of the legal phenomenon. Jointly, and as corollary of the latter, it will be revealed that even highly convinced advocates of noncognitivism implicitly or unintentionally ground their legal theorization in cognitivisttype of assumptions. The author adds that a non-cognitivist judge has a serious risk of incurring in a certain type of professional hypocrisy that would consist in camouflaging the real reasons that led her to choose for the application of a norm instead of another, or to choose one method of interpretation over others, with empty formulas that have nothing to do with those real reasons. As we will see, a non-cognitivist jurist approaches legal norms from a very different perspective than a cognitivist. Although it may sound shocking, justice has little or nothing to do with the work of the non-cognitivist from his perspective. This means that laws can have whatever moral content, that their reasonableness and/or their justice value is defined by the legislator, and that most of the time there are no strict reasons that justify what is that the legislator did when passing a law.

Narrative, Intertext and Allusion in the Qur'anic Presentation of Job

1999 ◽  
Vol 1 (1) ◽  
pp. 1-25 ◽  
Author(s):  
A. H. Johns
Keyword(s):  
Key Words ◽  
Complex Network ◽  
Key Words And Phrases ◽  
Divine Revelation ◽  
Western Tradition ◽  
Islamic Tradition ◽  
The Impact ◽  
The Way

Job (Ayyūb) is a byword for patience in the Islamic tradition, notwithstanding only six Qur'anic verses are devoted to him, four in Ṣād (vv.41-4), and two in al-Anbiyā' (vv.83-4), and he is mentioned on only two other occasions, in al-Ancām (v.84) and al-Nisā' (v.163). In relation to the space devoted to him, he could be accounted a ‘lesser’ prophet, nevertheless his significance in the Qur'an is unambiguous. The impact he makes is achieved in a number of ways. One is through the elaborate intertext transmitted from the Companions and Followers, and recorded in the exegetic tradition. Another is the way in which his role and charisma are highlighted by the prophets in whose company he is presented, and the shifting emphases of each of the sūras in which he appears. Yet another is the wider context created by these sūras in which key words and phrases actualize a complex network of echoes and resonances that elicit internal and transsūra associations focusing attention on him from various perspectives. The effectiveness of this presentation of him derives from the linguistic genius of the Qur'an which by this means triggers a vivid encounter with aspects of the rhythm of divine revelation no less direct than that of visual iconography in the Western Tradition.

Invention of Judaism

2017 ◽  
Author(s):  
John J. Collins
Keyword(s):  
Way Of Life ◽  
The Impact ◽  
The Way

Judaism is often understood as the way of life defined by the Torah of Moses, but it was not always so. This book identifies key moments in the rise of the Torah, beginning with the formation of Deuteronomy, advancing through the reform of Ezra, the impact of the suppression of the Torah by Antiochus Epiphanes and the consequent Maccabean revolt, and the rise of Jewish sectarianism. It also discusses variant forms of Judaism, some of which are not Torah-centered and others which construe the Torah through the lenses of Hellenistic culture or through higher, apocalyptic, revelation. It concludes with the critique of the Torah in the writings of Paul.

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