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Full-Text Articles in Legal History
Ancient Laws, Yet Strangely Modern: Biblical Contract And Tort Jurisprudence, Richard H. Hiers
Ancient Laws, Yet Strangely Modern: Biblical Contract And Tort Jurisprudence, Richard H. Hiers
UF Law Faculty Publications
People generally, and even most biblical scholars, tend to view biblical law as, at best, a random patchwork of odd and antiquated commandments and rules. The present Article demonstrates that many biblical laws can be understood to have functioned in biblical time, in ways remarkably similar to various laws characterized in modern Anglo-American jurisprudence as contract and tort law. In particular, the Article points out that the biblical tort laws found in Exodus 21:18 through 22:17 are structured along lines closely parallel to concepts found in modern tort law jurisprudence. Many of the biblical laws considered here give expression to …
The Corporation As Imperfect Society, Brian M. Mccall
The Corporation As Imperfect Society, Brian M. Mccall
Brian M McCall
Corporations are ubiquitous in modern society. They pervade every aspect of our life, consumer, professional, investment activity. Probably, people have more contact with corporations on a daily basis than any other institution, including government. From the South Sea Bubble to the Stock market Crash of 1929 to Enron to General Motors and Countrywide Mortgage, corporate scandals and controversies invite fundamental questions about corporate law. This article attempts to bring a fresh perspective to the question: “what is a corporation and how should the law treat it?” The article articulates a corporate metaphysics rooted in political philosophy. The dominant models of …