Legal Commons^™

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)

'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

A Challenge To Sexual And Marital Propriety And Communal Reaction, Kenneth Stow

Early Modern Workshop: Resources in Jewish History

The selection of sources from the early 1550's Rome deal with the question of honor of young women and their fathers.

The Jewish Community of Rome was unimpressed. It wanted it made clear that one did not make accusations that could harm the well-being, in fact, mostly financial, but also the honor, of young women. Indeed, the bride Ricca was herself awarded what amounted to a hefty fine; we know that among Christians, it was the father’s honor that was considered impugned, and any monetary sanctions would go to him. Not here.

Finally, we learn something about sacred and profane. …

Two Cases Of Apostasy In Dubno In 1716 Jews, Christians, And Family Life, Magda Teter

Early Modern Workshop: Resources in Jewish History

This text relates a trial of two Christian women who accepted to Judaism that took place in the city of Dubno in eastern Poland in 1716. The text presented here comes from a collection of primary sources published in Kiev [now Kyiv] in 1869, as part of effort by scholars at the time to collect and publish primary source materials about Ukraine. The collection is called Arkhiv Iugo-zapadnoi Rossii, or The Archive of South-Western Russia, and contains documents from the South-Western part of Ukraine.

This presentation is for the following text(s):

• Two Cases of Apostasy in Dubno in 1716

“The First Duty Of Nature Is To Preserve Life” A Jewish Woman’S Plea For Divorce In Late 18th-Century Trieste, Lois Dubin

Early Modern Workshop: Resources in Jewish History

The presentation discusses a letter from Relle [Rachele] Morschene (1770-1844) of Trieste to Chief Rabbi Raffael Natan Tedesco, written in the throes of her three-year long effort to extricate herself from her marriage to husband Lucio Luzzatto (1755-1801). From 1793 to 1796, Morschene pursued separation and civil divorce through the Habsburg courts at the same time as a Jewish religious divorce. Indeed, she was one of the first European Jewish women to seek and obtain a civil divorce. Her legal situation was novel because Jews in the Habsburg Monarchy were among the first to be subjected to civil marriage regulation …

Jewish Women And Economic Encounters With Christians, Debra Kaplan

Early Modern Workshop: Resources in Jewish History

R. Yair Hayyim ben Moses Samson Bacharach (1638-1702) is well-known for his knowledge of halakha and Kabbalah. Over the course of his lifetime, he served as the rabbi in several locations in the Holy Roman Empire. In these two responsa, Bacharach deals with one of the halakhic problems surrounding women’s trade with non-Jews. Such trade inevitably caused women to enter into seclusion (yihud) with non-Jews, especially since according to Jewish law, the presence of the non-Jew’s wife did not alleviate the prohibition of seclusion with a non-Jew.

This presentation is for the following text(s):

• Havvot Yair, Responsum 66
• Havvot Yair, …

Unequal Opportunities The Economic Possibilities Open To Jewish Women In 18th Century Poland-Lithuania, Adam Teller

Early Modern Workshop: Resources in Jewish History

The following texts present an image of economic opportunities, and gender roles in Jewish society in eastern Europe. The first text is an 18th-century supplication by a Jew, Bunim Szlomowicz, against his wife; the second is a 1751 decree by the Council of Lithuania regulating women's roles in trade.

How Family Wealth And Power Are Organized, Moshe Rosman

Early Modern Workshop: Resources in Jewish History

The following is a translation of Todros Kozuchowski's will. Originally written in Polish, then translated into Hebrew, the will was translated into English by Moshe Rosman.

Emancipation Through Secularization: French Feminist Views Of Muslim Women’S Condition In Interwar Algeria, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

Cet article examine la condition des musulmanes algériennes telle que vue par des féministes françaises entre les deux guerres mondiales. Une série de colloques nationaux et internationaux dans la région méditerranéenne analysa les limitations imposées sur les filles et les femmes musulmanes par la tradition patriarcale et s'adressa au gouvernement pour demander des réformes. Cet article démontre que ces féministes françaises approuvaient la « mission civilisatrice » de la France et conseillaient des mesures visant la modernisation, « le progrès » et la laïcité en Algérie. Alors que ces féministes orientalistes critiquaient le Code Civil de 1804 comme une source …

‘For The Family, France, And Humanity’: Authority And Maternity In The Tribunaux Pour Enfants, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Fact Or Fiction? The Use Of Eighteenth-Century Criminal Biographies In Historical Studies, Steven M. Wakefield

History Theses & Dissertations

Marxist studies concerning crime and criminality in eighteenth-century England, and especially London, have explained the problem strictly in terms of a class based struggle between the elites and the working poor. Marxists further contend that the majority of criminals hanged for capital offenses during the eighteenth-century also came Rom the working poor. Using an analysis of criminal biographies written between 1723 and 1783, this study questions the Marxist paradigm by suggesting that eighteenth-century crime and criminality were not inter-class conflicts but more intra-class struggles, and hangings reflected this.

The Role Of The Court Of Justice In European Integration, Frances M. Jacobson

History Theses & Dissertations

This study examines the role of the Court of Justice in the major issues of European integration: dismantling technical barriers to the free flow of goods, protecting human rights within the European Community, and facilitating the free movement of capital, people and services. Success or failure of the Court is measured by whether the member states have implemented its rulings and whether the rulings have aided or hindered the development of a European internal market.

Specific actions of the Court of Justice are analyzed and placed within the context of European integration. The study begins with the European Coal and …

Slavery And The Early Teutonic Codes A.D. 400-800: A Legal Paradigm Shift, Elizabeth Thompson Harris

History Theses & Dissertations

This study examines the institution of slavery in the customary legal codes of seven Germanic tribes: the Burgundians, Lombards, Franks, Anglo-Saxons, Alamanni, Bavarians, and Visigoths. It describes the status of slaves within each society and assesses various factors contributing to both the recrudescence of slavery throughout the period of the invasions and its subsequent demise during the ninth and tenth centuries. The research is based primarily on the titles within the Germanic codes themselves, chronicles, contemporary Roman historical writing, and Roman legislation.

An important legal transformation made evident throughout the Germanic codes testifies to the replacement of complete subjection by …

Britain And The Free Trade Area Negotiations Of 1956-1958, George Y. Ballentine

History Theses & Dissertations

Abstract unavailable.

Law -- Rome's Greatest Gift To The World, Annette Marie Zink

Bachelors’ Theses

It is now nearly two thousand years since the curtain fell upon the last act in the history of the Roman Republic. During these twenty centuries many other republics have flourished and passed away, while, in turn, new republics have arisen to take the place of the earlier ones; but no other fallen republic in the world during the whole course of history has attained to the same degree of importance, or has exerted the same influence on the history of the world, as did that of Rome. Any adequate discussion of Roman Law necessitates a clear conception of the …

The Growth And Development Of English Law, Willis M. Blount

Manuscript Thesis Collection

A study of the history of the development of English law.