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Articles 1 - 13 of 13

Full-Text Articles in Legal History

Easy Money, Elite Anxiety And Rome's First Anti-Gambling Law, Suzanne B. Faris Phd May 2019

Easy Money, Elite Anxiety And Rome's First Anti-Gambling Law, Suzanne B. Faris Phd

International Conference on Gambling & Risk Taking

No abstract provided.


Donor Advised Funds In Historical Perspective, Lila Corwin Berman Oct 2015

Donor Advised Funds In Historical Perspective, Lila Corwin Berman

Forum on Philanthropy and the Public Good

This article argues that the emergence of a specific financial structure called the donor advised fund (DAF) developed in tandem with postwar efforts to extend the private sector’s reach into public welfare through new forms of charitable giving and voluntarism. In charting the gestation, birth, and expansion of DAFs from the late nineteenth century to our present day, it contends that the longstanding tension in American life between state-based regulation and individual freedoms has stood at the heart of debates about charitable tax law. Far from simply reflecting reigning historical forces, DAFs came to shape ideologies about public and ...


Maneuvering Modernity: Family Law As A Battle Field In Colonial Taiwan (1895-1945), Yun-Ru Chen Oct 2013

Maneuvering Modernity: Family Law As A Battle Field In Colonial Taiwan (1895-1945), Yun-Ru Chen

2013 New England Association for Asian Studies Conference

Twenty five years after launching its own legal modernization in response to Western imperialism, Japan imposed a modern legal system upon its first colony, Taiwan. In accordance with the “respecting old custom” colonial policy, the Japanese created a system called Taiwanese customary law, a mixture of imperial Chinese laws, local customs and European legal concepts, and gradually implemented its newly adopted European-style Meiji Civil Code (1898). However, even since the late 1910s when the colonial policy changed into “full-flag assimilation,” family law remained an exception to the transplantation of Japanese laws. That did not, however, mean that family law was ...


Conjugal Disputes At The Jewish Court Of 18th Century Altona, Noa Shashar Aug 2010

Conjugal Disputes At The Jewish Court Of 18th Century Altona, Noa Shashar

Early Modern Workshop: Resources in Jewish History

Disputes between married couples in 18th century were sometimes brought before the Jewish court ( the Beit-Din). Analysis of protocols of session which dealt with such disputes reveals facts about tensions caused by contemporary family structure and marriage customs as well as about the means which the court applied to enforce policy. The texts presented here are excerpts from one of the protocol books of the Jewish court of Altona. Altona, at the time subject to the Danish King, shared institutions with the neighboring Jewish communities in Hamburg and Wandsbeck, a union which produced several kinds of documents covering a period ...


The Jews And Ius Commune, Kenneth Stow Aug 2008

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 ...


Trying Issues: Polish-Lithuanian Jews Under Multiple Jurisdictions, Adam Teller Aug 2008

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)

Click here to view the video


Jews At The Court Of The Kadi, Yaron Ben-Naeh Aug 2008

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 Aug 2008

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 Aug 2008

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 ...


The Herem As The Source Of Authority Of The Lay Governing Council, Anne Oravetz Albert Aug 2008

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)

Click here to view the video


Challenging Herem In Hamburg, 1732, David Horowitz Aug 2008

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 ...


The Legal Status Of The Wife In Ashkenazi Jewish Legal Tradition: Continuity And Change In The Sixteenth Century, Elimelekh Westreich Aug 2008

The Legal Status Of The Wife In Ashkenazi Jewish Legal Tradition: Continuity And Change In The Sixteenth Century, Elimelekh Westreich

Early Modern Workshop: Resources in Jewish History

The ban of Rabbenu Gershom forbade both polygamy and divorcing a woman against her will. The ban has been seen by historians as a key determinant of the singularity of Ashkenazi Jewish culture. In sixteenth-century Poland there were two main approaches among halakhic scholars towards the ban: one, represented by R. Solomon Luria adhered strictly to the Ashkenazi legal tradition; the second, represented by R. Shalom Shakhna and R. Moses Isserles, was open to other Jewish legal traditions. Is this phenomenon related to the Early Modern Period? And if so, how is it related? My discussion in the workshop shall ...


Expanding Legal Horizons?, Edward Fram Aug 2008

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)