When souls shudder: A brief history of disgust and the law

Author(s):  
Carlton Patrick
Keyword(s):  
Author(s):  
مها بنت منصور الصائغ

شهد تاريخ الأمة الإسلامية حضارة ونهضة عالمية في جميع مجالات الحياة الإنسانية، ومما كان له كبير الأثر في ذلك هو الأوقاف التي بدأت مع سيد البشرية محمد صلى الله عليه وسلم واستمرت بتنوع وشمولية إلى عصرنا الحالي؛ ولكن ما تعرضت إليه الأوقاف من إهمال وإقصاء وضياع يرجع لأسباب عديدة من أهمها غياب التوثيق الوقفي. تقوم الدراسة على تتبع مفهوم الوقف والتوثيق، والوقف في الإمارات العربية المتحدة ول سيما في إمارة الشارقة. توصلت الدراسة إلى نتائج منها: أن الأوقاف قائمة منذ زمن بعيد، وأن رغبة الواقف بالوقف وإقدامه عليها لم ينقصها سوى وثيقة، وأنه لا وثائق لها ولا مستندات، كما أن العرض الموجز لنشأة دائرة الأوقاف بالشارقة وسعيها لإحياء سنة الوقف ونشر ثقافته نراه يتضح شيئاً فشيئاً من خلال تفعيل مواد القانون والبحث حول الأنسب والأصح لحماية الأوقاف، ولم يكن هذا الاهتمام بالوقف إلا انعكاساً لتوجه الواقفين وتماشياً لرؤية الحكام وامتثالاً لنهج خير الأنام ورغبة في تكافل الأرواح وحباً للسلام. الكلمات المفتاحيّة: الوقف، التوثيق، المقارنة، الشارقة. Abstract The history of Islamic nation has witnessed a global civilization and it has had a great impact in all areas of human life, including the endowments that began with the master of humankind; Muhammad S.A.W. and it was continuing in diversity and comprehensively until our epoch. However, there are some problems related to endowment management such as negligence, exclusion and loss that due to many reasons. Among the most important reasons is the absence of endowment documentations. Therefore, the study aims to discuss the concept of endowment and documentation, as well as the endowment in United Arabic Emirates, especially in the Emirate of Sharjah. The study concluded that the practice of endowment has been existed for a long time, yet there are in need of endowment documentations. This study also found that the information related to the establishment of institution of endowment in Sharjah and its role has   spread widely to the people through the enforcement of the law and the implementation of the research related to the practice of endowment in order to sustain them in a good way. This documentation system was only a reflection of what has  stated in Shariah laws regarding the practice of endowment among the donors, so that it will be in line with the approach of good intentions and love of peace. Keywords: Endowment, Documentation, Comparison, Sharjah.   


Author(s):  
Hubert Treiber

More than a simple guide through a complicated text, this book serves both as an introduction and as a distillation of more than thirty years of reading and reflection on Max Weber's scholarship. It is a solid and comprehensive study of Weber and his main concepts. It also provides commentary in a manner informed both historically and sociologically. Drawing on recent research in the history of law, the book also presents and critiques the process by which the law was rationalized and which Weber divided into four ideal-typical stages of development. It contextualizes Weber's work in the light of current research, setting out to amend misinterpretations and misunderstandings that have prevailed from Weber's original texts. Ultimately, this volume is an important work in its own right and critical for any student of the sociology of law.


1931 ◽  
Vol 25 (3) ◽  
pp. 700-703
Author(s):  
Joseph S. Roucek

The law for the reorganization of central administration and the law on local administration (July 20, 1929) sponsored by the National Peasant government of Roumania have recently been put into effect. Both measures were drafted by Professors Negulescu, of the University of Bucharest, and Alexianu, of the University of Cernauţi. Their adoption comprises one of the most thorough governmental reforms in the history of the Balkans.The structure of the Roumanian government was, until very recently, almost completely copied from the French system. Roumania was a typical example of a unitary organization. The whole power of government was centralized in Bucharest. Practically all powers of local government were derived from the central authority, and were enlarged and contracted at the will of Bucharest. The whole system lent itself admirably to the domination of the National Liberal party, guided up to 1927 by Ion I. C. Brǎtianu, and after his death by his brother, Vintilǎ I. C. Brǎtianu, who died last year.Since the strength of the National Peasant party, which assumed the reins in 1928, lies largely in the provinces acquired at the close of the World War, a decentralization of government was to be expected. The bitter resentment of Maniu and his associates toward the over-centralization which favored the policies of the Bratianus forced the recent overhauling of the governmental structure, tending toward federalism—a form which takes cognizance of the differences of the past and present between the old kingdom and the new provinces and attempts to extend democratic features of self-rule to the electorate. At the same time, it attempts to secure bureaucratic expertness.


2002 ◽  
Vol 61 (2) ◽  
pp. 463-492
Author(s):  
John Armour

Economic analysis has recently gained a high profile in English company law scholarship, not least through its employment by the Law Commissions and its resonance with the Company Law Review. This approach has taught us much about how company law functions in relation to the marketplace. Whincop’s book is, however, the first attempt to use economic methodology not only to explain how the law functions, but also to provide an evolutionary account of why the history of English company law followed the path it did. The result is a thesis that, whilst complex, has a powerful intuitive appeal for those familiar with Victorian company law judgments.


2001 ◽  
Vol 16 (2) ◽  
pp. 169-175
Author(s):  
NIMROD HURVITZ ◽  
EDWARD FRAM

Professional jurists are often inquisitive about the subject matter of their calling and in the course of their careers may well develop fascinating insights into the law and those who interpret it. Their employers, however, be they governments, corporations, firms, or private clients, rarely show similar enthusiasm for such insights unless the hours spent pondering the social or historical significance of this or that legal view have a contemporary value that justifies the lawyer's fee.Thankfully, other members of society are rewarded for mining the legal records of the past. For legal historians, the search often focuses on the changing legal ideas and how legal doctrine develops over time to meet the changing needs of societies. Yet because the law generally deals with concrete matters – again, because jurists are paid by people who are unlikely to remunerate those who simply while away their hours making up legal cases – it offers a reservoir of information that can be used, albeit with caution, in fields other than just the history of the law.A partial reconstruction of the law of any given time and place is among the more obvious historical uses of legal documents but statutes, practical decisions, and even theoretical texts can be used to advance other forms of the historical endeavour. Legal works often reflect the values both of jurists and society-at-large, for while the law creates social values it is not immune to changes in these very values.


2021 ◽  
Vol 30 (3) ◽  
pp. 108-124
Author(s):  
Aleksey Grin'ko

Allocation of the burden of proof is a key issue of criminal procedure that is affected by multiple legal and social factors. Under due process principles, the defendant’s right to a fair and impartial trial is deemed to be the epicenter of the whole structure. However, efficient law enforcement is a prominent public interest that must be considered. This article explores the correlation between public and private interest in proving insanity under the law of New York, which provides great empirical background due to its long history of legal disputes and legislative changes. Considering the nature and structure of the burden of proof, the author concludes that there are several principles for its fair allocation: the due party that bears both the burden and the risk of its nonperformance; the feasibility of the burden; the adequate opportunity for the other party to rebut; the concentration of resources upon needs that are not presumed but in fact exist. All the mentioned principles lay the ground for the harmonization of constitutional guaranties for the defendant as well as the successful enforcement of criminal law. The current New York approach to insanity defense as an affirmative one along with the history of its implementation tends to prove its compliance with such requirements. This finding suggests that bearing the burden shall not be treated as impairment by default, but can protect both the interest of this party and the integrity of the whole process.


2021 ◽  
Vol 31 (2) ◽  
pp. 145-161
Author(s):  
Gerhardt Stenger ◽  

This paper traces the history of the philosophical and political justification of religious tolerance from the late 17th century to modern times. In the Anglo-Saxon world, John Locke’s Letter Concerning Toleration (1689) gave birth to the doctrine of the separation of Church and State and to what is now called secularization. In France, Pierre Bayle refuted, in his Philosophical Commentary (1685), the justification of intolerance taken from Saint Augustine. Following him, Voltaire campaigned for tolerance following the Calas affair (1763), and the Declaration of the Rights of Man (1789) imposed religious freedom which, a century later, resulted in the uniquely French notion of laïcité, which denies religion any supremacy, and any right to organize life in its name. Equality before the law takes precedence over freedom: the fact of being a believer does not give rise to the right to special statutes or to exceptions to the law.


Sign in / Sign up

Export Citation Format

Share Document