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Articles 1 - 19 of 19
Full-Text Articles in History
The Jews And Ius Commune, Kenneth Stow
The Jews And Ius Commune, Kenneth Stow
Early Modern Workshop: Resources in Jewish History
From the sixteenth through eighteenth centuries, there was a gradually increasing integration of Jews into systems of ius commune, loosely, the law of the land, but actually a legal tradition based on Roman law, which subsumed local law, usually called ius proprium. The integration might be purely theoretical or in fact, as certainly occurred in the papal state and it seems elsewhere in Italy, too. This legal integration prepared the way for the major legal upheaval worked by the French Revolution. The implications are many. The details mostly unresearched. The Tractatus de Iudaeis of Giuseppe Sessa (Turin, 1713) is the …
When The Indelible Sacrament Of Baptism Met Mercantile Raison D'Etat, Benjamin Ravid
When The Indelible Sacrament Of Baptism Met Mercantile Raison D'Etat, Benjamin Ravid
Early Modern Workshop: Resources in Jewish History
In theory, under almost all circumstances, once a Jew had been baptized, s/he became a Christian and any relapse constituted heresy and was liable to severe punishment, often by death. However, in the mid-sixteenth century the Papacy adopted a far more lenient policy out of considerations of commercial raison d' état and invited New Christian merchants to assume Judaism in Ancona with assurance of complete freedom from any persecution. At the same time, Venice expelled all Marranos from the city and forbade them to return. The papal attitude changed with the Counter-Reformation and former New Christians who had reverted to …
Trying Issues: Polish-Lithuanian Jews Under Multiple Jurisdictions, Adam Teller
Trying Issues: Polish-Lithuanian Jews Under Multiple Jurisdictions, Adam Teller
Early Modern Workshop: Resources in Jewish History
The texts presented here highlight issues of multiple jurisdiction Jews were subjected to in early modern Poland-Lithuania
This presentation is for the following text(s):
- Privilege for the Jews of Lwów (1692)
- Privilege for the Jews of the Przemyśl Region and Rus' (1660)
Jews At The Court Of The Kadi, Yaron Ben-Naeh
Jews At The Court Of The Kadi, Yaron Ben-Naeh
Early Modern Workshop: Resources in Jewish History
One of the most astonishing phenomena of Jewish life in the Ottoman state is the widespread appeal to the kadi's court - a muslim court. I intend to describe the frequency of this norm, against explicit regulations, and explain the motivation to use the kadi's services, as well as the reasons for the ban against it. I shall conclude with the social and cultural significance of this practice.
This presentation is for the following text(s):
- Mordechai Halevi, Darkei Noam (Pleasant Ways) (Venice, 1697)
- The court records of istanbul/ Istanbul sher'iyye sijilleri (1662)
Under Imperial Protection? Jewish Presence On The Imperial Aulic Court In The 16th And 17th Centuries, Barbara Staudinger
Under Imperial Protection? Jewish Presence On The Imperial Aulic Court In The 16th And 17th Centuries, Barbara Staudinger
Early Modern Workshop: Resources in Jewish History
From the middle ages on Jewish life in the holy roman empire was characterized by their egal status as servants of the imperial chamber (servi camerae, Kammerknechte). Paying taxes to the imperial chamber, the Jews stood under special protection of the Emperor. The so-called Speyrer Jew Privilege (1544) stated the legal framework of the Jewish community of the Empire, prohibiting expulsion, and „unjustified“ acusations of ritual murder and securing undisturbed religious practice, and imperial conduct and protection. But what was this privilege along with other privileges from indiviuals worth in reality? Based on two cases from the Imperial Aulic Court …
Evasion As A Legal Tactic: The 1616 Amsterdam Regulations Concerning The Jews, Miriam Bodian
Evasion As A Legal Tactic: The 1616 Amsterdam Regulations Concerning The Jews, Miriam Bodian
Early Modern Workshop: Resources in Jewish History
Early modern rulers (or ruling bodies) who chose to readmit Jews in places where they had long been banned were faced with theological dilemmas and practical problems. Although it is true that the principle of freedom of conscience was gaining increasing acceptance, its adherents were rarely clear about whether it could be applied to non-Christians. And while the economic interests of rulers favored the settlement of Jews in their lands, the opposition of guilds and clergy could not be ignored. In these circumstances, a rather striking policy of evasion was adopted - in France, in the Netherlands, and in England. …
The Herem As The Source Of Authority Of The Lay Governing Council, Anne Oravetz Albert
The Herem As The Source Of Authority Of The Lay Governing Council, Anne Oravetz Albert
Early Modern Workshop: Resources in Jewish History
A treatise on the herem composed by Isaac Aboab da Fonseca, the head rabbi of the Spanish and Portuguese Jewish community of Amsterdam. Specifically, this pamphlet defends the authority of the lay leadership council to do so, arguing against unnamed members of the community who are causing scandal by denying that authority.
This presentation is for the following text(s):
- Exhortation to those who fear the Lord, not to fall into sin due to lack of understanding of the precepts of his Holy Law by Isaac Aboab de Fonseca (1679/80)
Challenging Herem In Hamburg, 1732, David Horowitz
Challenging Herem In Hamburg, 1732, David Horowitz
Early Modern Workshop: Resources in Jewish History
These documents represent one of the earliest calls for state intervention by the Hamburg authorities into the internal decisions of the bet din. The bed din of the Triple Community of Hamburg-Altona-Wandsbek compelled Joseph Jonas, a resident of Hamburg, to divorce his wife after she was suspected of adultery. When he refused, the chief rabbi and kahal put him and his wife in the ban (herem). Jonas turned to the Hamburg Senate for assistance in reversing the decision and removing himself from the ban. The documents comprise letters from Jonas and the Hamburg kahal in defense of their respective positions …
Takkanot Kahal And The Origin Of Communal Structures In A Franconian Village Community In The 17th Century, Stefan Litt
Takkanot Kahal And The Origin Of Communal Structures In A Franconian Village Community In The 17th Century, Stefan Litt
Early Modern Workshop: Resources in Jewish History
Takkanot Kahal are clearly a phenomenon of early modern Jewry in Europe. Throughout the Ashkenazi world there were four common ways to enact them. By elaborating takkanot, Jewish leaders copied the Gentile custom of creating legal digests in that time, thus adapting the communities to the administrative structures of the early modern state. The short statutes of the community in Ühlfeld, dating fromm 1688, are a rare example for takkanot enacted in an early stage of the local Jewish history. The text clearly shows the efforts of the author, R. Asher Enslen of Schnaittach, to strenghten the ties in the …
Expanding Legal Horizons?, Edward Fram
Expanding Legal Horizons?, Edward Fram
Early Modern Workshop: Resources in Jewish History
Legal change was not only a result needs to adapt the law to new situations but could be stimulated by new information. New sources were not always accepted and this presentation will attempt to locate the point in time in which acceptance of a large number of new sources took place in the eastern European community of the early modern age.
This presentation is for the following text(s):
- Shulhan `arukh, Yoreh De'ah 19.1 (1567)
- Siftei Kohen-The Priest's Lips on Yoreh De'ah 19.1 (1647)
- Turei Zahab-The Golden Columns on Yoreh De'ah 19.1 (1646)
Hotspots In A Cold War: The Naacp's Postwar Workplace Constitutionalism, 1948-1964, Sophia Z. Lee
Hotspots In A Cold War: The Naacp's Postwar Workplace Constitutionalism, 1948-1964, Sophia Z. Lee
All Faculty Scholarship
No abstract provided.
'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble
'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble
School of Continuing and Professional Studies Faculty Publications
No abstract provided.
Dhimmitude And Disarmament, David B. Kopel
Dhimmitude And Disarmament, David B. Kopel
David B Kopel
Under shari'a law, non-Muslims, known as dhimmi, have been forbidden to possess arms, and to defend themselves from attacks by Muslims. The disarmament is one aspect of the pervasive civil inferiority of non-Muslims, a status known as dhimmitude. This Essay examines the historical effects of the shari'a disarmament, based on three books by Bat Ye'or, the world's leading scholar of dhimmitude. As Ye'or details, the disarmament had catastrophic consequences, extending far beyond the direct loss of the dhimmi's ability to defend themselves. The essay concludes by observing how pretend gun-free zones on college campuses turn the adults there into 21st …
The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel
The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel
David B Kopel
The U.S. Supreme Court's decision in District of Columbia v. Heller constitutionalized the right of self-defense, and described self-defense as a natural, inherent right. Analysis of natural law in Heller shows why Justice Stevens' dissent is clearly incorrect, and illuminates a crucial weakness in Justice Breyer's dissent. The constitutional recognition of the natural law right of self-defense has important implications for American law, and for foreign and international law.
Poisoned Milk And The Poisoning Of Democracy: Some Cautions About China Trade And Taiwan Sovereignty, David B. Kopel
Poisoned Milk And The Poisoning Of Democracy: Some Cautions About China Trade And Taiwan Sovereignty, David B. Kopel
David B Kopel
This Paper examines some of the benefits and dangers of Taiwan's deepening economic ties to China.
In brief, the expansion of cross-Strait economic relations has benefited Taiwan economically, but may pose serious dangers to Taiwan's democratic sovereignty. China's rising Comprehensive National Power - which aims to suppress Taiwan's sovereignty and self-government - has been significantly enhanced by investment from Taiwan itself. China's trade policies are directed for political purposes, particularly for drawing the people of Taiwan into a subordinate relationship with the Chinese dictatorship.
China's strategy has already succeeded in imposing self-censorship on many Taiwanese voices, including many businesses and …
The Structure Of Classical Public Law, Barry Cushman
The Structure Of Classical Public Law, Barry Cushman
Journal Articles
Duncan Kennedy's The Rise and Fall of Classical Legal Thought circulated in manuscript for three decades before it was formally published in 2006. This essay reviews the book's treatment of Classical public law, focusing on its two principal contributions to the historiography of the subject: the concept of legal consciousness, and the structural analysis of constitutional doctrine.
At The Magistrate's Discretion: Sexual Crime And New England Law, 1636-1718, Abby Chandler
At The Magistrate's Discretion: Sexual Crime And New England Law, 1636-1718, Abby Chandler
Electronic Theses and Dissertations
This dissertation is a comparative study of sexual crime trials in four New England jurisdictions: Essex County, Massachusetts, Plymouth Colony, The Province of Maine, and Rhode Island Colony. It argued that sexual crime trials could be used as a tool for studying the diverse and changing legal cultures of different regions within New England. Whether morality or child support was under discussion, sexual intercourse outside of marriage threatened to disrupt the social and economic bounds of early modern society. Nevertheless, methods for addressing the issue varied widely in New England, depending on the jurisdiction in question. As a result, examining …
Introduction To At The Magistrate's Discretion: Sexual Crime And New England Law, 1636-1718, Abby Chandler
Introduction To At The Magistrate's Discretion: Sexual Crime And New England Law, 1636-1718, Abby Chandler
Abby Chandler
This dissertation is a comparative study of sexual crime trials in four New England jurisdictions: Essex County, Massachusetts, Plymouth Colony, The Province of Maine, and Rhode Island Colony. It argued that sexual crime trials could be used as a tool for studying the diverse and changing legal cultures of different regions within New England.
Whether morality or child support was under discussion, sexual intercourse outside of marriage threatened to disrupt the social and economic bounds of early modern society. Nevertheless, methods for addressing the issue varied widely in New England, depending on the jurisdiction in question. As a result, examining …
'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble
'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble
Sara L Kimble
No abstract provided.