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Full-Text Articles in Law
Some Reflections On The Transplantation Of British Company Law In Post Ottoman Palestine, Ron Harris, Michael Crystal
Some Reflections On The Transplantation Of British Company Law In Post Ottoman Palestine, Ron Harris, Michael Crystal
Ron Harris
Company law is considered as a prime field for legal transplantation. Conventional wisdom is that company legislation in Palestine during the majority of the British Mandate was based on the simple importation of the English Companies Act 1929. Reliance is placed on the facts that the Palestine Companies Ordinance was enacted in the same year as the English Companies Act 1929, that the British Empire gave priority to commercial law transplantation and that the Palestine Companies Ordinance was the first in several commercial Ordinances that were considered as the climax of the legislative anglicization of Ottoman law in Mandatory Palestine. …
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.
The Evolution Of Women's Rights In Inheritance, Kristine Knaplund
The Evolution Of Women's Rights In Inheritance, Kristine Knaplund
Kristine Knaplund
No abstract provided.
The Institutional Dynamics Of Early Modern Eurasian Trade: The Commenda And The Corporation, Ron Harris
The Institutional Dynamics Of Early Modern Eurasian Trade: The Commenda And The Corporation, Ron Harris
Ron Harris
The focus of this article is on legal-economic institutions that organized early-modern Eurasian trade. It identifies two such institutions that had divergent dispersion patterns, the corporation and the commenda. The corporation ended up as a uniquely European institution that did not migrate until the era of European colonization. The commenda that originated in Arabia migrated all the way to Western Europe and to China. The article explains their divergent dispersion based on differences in their institutional and geographical environments and on dynamic factors. It claims that institutional analysis errs when it ignores migration of institutions. It provides building blocks for …