Legal Commons^™

Hammurabi’S Laws: Ancient Traditions Of Violence, Aaron Secrist

The Confluence

The tradition of enforcing private property through violence is truly ancient, and goes back thousands of years to the first civilizations. There exists a prevailing attitude that contemporary culture is more “civilized” than the first organized societies – and while it’s true in some ways, our laws are still remarkably similar to those practiced in antiquity. In the following essay, I analyze the Law Code of Hammurabi and examine its parallels to the way laws function today. First, I will provide context for the technological advances that made the first city-states possible, then give a cultural and economic overview of …

Penitential Systems In The Latin West And Byzantine East, Elijah C. Dodson

Honors Theses

This thesis examines the development and organization of penitential discipline in early medieval Christianity through a comparison of the penitential tradition associated with Theodore of Canterbury in the Latin West and the canons attributed to John the Faster in the Byzantine East. The study focuses on how these texts regulated sexual sin and what their structures reveal about the institutional role of the Church in different historical contexts. The analysis is based on a comparative reading of penitential texts, supported by patristic writings and modern scholarship. By examining how specific categories of sexual misconduct are classified and disciplined, this study …

Faith Under The Führer: Protestant Pastors In Nazi Germany, Katie Cassady

Senior Honors Theses

This research examines Protestant churches in Nazi Germany and their varied reactions to Hitler’s Third Reich, tracing the Nazi rise to power, the Kirchenkampf (Church Struggle), the Confessing Church’s resistance, and figures like Dietrich Bonhoeffer, Martin Niemoller, and Karl Barth. Hitler campaigned on a platform purporting to support religious freedom, but the state-sponsored persecution of Christian churches later revealed such promises as a facade. The Kirchenkampf exemplifies the reactions of Protestant German churches to Hitler’s rule: The German Christian Movement (GCM) endorsed Hitler’s radical racial theories, while the Confessing Church confronted the unbiblical rhetoric used by the GCM.

Res Historica, Volume 5, Alpha Rho Epsilon Phi Alpha Theta, Lindsay Rae Smith Privette Phd

Res Historica

The 2026 journal of historical research by Anderson University students, Res Historica.

The editorial team for this edition of Res Historica was Dr. Lindsay Rae Smith Privette, Julia Ackerman, Callyn Wright, Logan Davis, and John Hinton. Cover art by Mary Beth Lee.

Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray

Journal of Humanities and Social Sciences

The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …

The Devil’S In The Details: Opposition To Demonology In Early Modern Europe, Abigail Pickard

The Purdue Historian

Common assumptions that believers of witchcraft in the early modern period were uneducated fanatics overgeneralize the complex interplay of early modern science and theology. The study of demons, known as demonology, was considered a science. It was a respected field that was studied and debated. Theologians scrutinized, defended, and revised demonological theories. Thinkers turned over foundational concepts and split hairs over the fine details of theology. Since educated scholars were considered authorities on demonology, they repeatedly wrote, talked, and theorized about the topic in a similar fashion to other ideologies of the early modern era. Due to this, authors of …

The Mythic Seeds Of Human Rights, Joshua Mackenzie Luna

Graduate Theses/Dissertations

In this thesis, I propose a causal relationship between ancient societies’ mythic corpuses and their law codes. I begin by presenting the histories and historiographies of ancient Israel and Mesopotamia to highlight important themes in their development. Then, I place their creation and flood myths side-by-side for comparison, yielding key differences in the way each group conceptualizes human form, value, and purpose. Once these key differences have been established, I compare each group’s set of slave laws to demonstrate how each law code remains philosophically consistent with its respective set of myths and diametrically opposed to the set from the …

Lost & Found (Game Series) [Book Chapter], Owen Gottlieb

Articles

Description of game series for use in the classroom with best practices.

Collaborative Constructions: Designing High School History Curriculum With The Lost & Found Game Series, Owen Gottlieb, Shawn Clybor

Articles

This chapter addresses design research and iterative curriculum design for the Lost & Found games series. The Lost & Found card-to-mobile series is set in Fustat (Old Cairo) in the twelfth century and focuses on religious laws of the period. The first two games focus on Moses Maimonides’ Mishneh Torah, a key Jewish law code. A new expansion module which was in development at the time of the fieldwork described in this article that introduces Islamic laws of the period, and a mobile prototype of the initial strategy game has been developed with support National Endowment for the Humanities. The …

Waqf In Transition: Tracing Local Institutional Change During The British Mandate In Palestine, Zachary Murray

Theses and Dissertations

The British Mandate’s actions of state-building in Palestine were informed by a Zionist-Western modernist envisioned past of Palestine. This state-building ideology was embedded within much of the bureaucracy of the Mandate’s system and infringed on numerous Palestinian institutions such as Waqf. Waqf was disenfranchised in particular through the implementation of urban development programs, like town planning and archaeological regimes, which sought to support the British-Zionist recasting of Palestine.

This thesis aims to show how the British’s ideology of Palestine informed the Mandate’s internal polices and actions which infringed on the rights of waqf. This was done through two axes of …

Clark Memorandum: Spring 2022, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• General Joseph Smith and His Candidacy for the Presidency of the United States
• Leadership Lessons from the Life of Dallin H. Oaks
• Flunking the Founding
• Seven Lessons from the Life of Rex Lee

From Handmaids To Princesses: How Identity And Politics Impact Definitions Of Biblical Rape, Gabrielle R. Isaac-Herzog

Classical Mediterranean and Middle East Honors Projects

The politics of sex in the Bible are complex. They are impacted and limited by the time of the stories, as well as the political landscape and laws of the region. However, since many modern religions have emerged from the text of the Hebrew Bible, it is important for scholars to continue the work of critically examining the texts in the contemporary context. This paper offers a textual analysis of several biblical stories through a feminist and decolonial lens. Through the generation of a taxonomy by which these stories can be categorized, this paper posits that the biblical definitions of …

Life Beyond Bars: Nine Prisoners And Their Families, And Faith-Based Efforts To Recognize And Avoid-Cross-Generational Criminal Habits., Alfreda Reese

Doctor of Ministry Projects and Theses

The aim of this study is to examine prisoners’ firsthand experiences and their underlying family issues to bring awareness and delete current cross-generational criminal habits. Through analyzing a series of individual experiences and exploring underlying family issues, the study intends to bring awareness and exposure to the implications of the criminal justice system on prisoners and their families. This study will analyze personal stories of prisoners and their families to identify, interact, and intervene in best practices to avoid criminal habits. The research gathered aims to empower prisoners and their families in suggested ways to delete repeated criminal patterns and …

A “Medieval” Myth For A “Modern” Empire Britain Under The Shadow Of Arthur (1461–1612), Julian Gonzalez De Leon Heiblum

Dissertations, Theses, and Capstone Projects

This dissertation studies the use of the Arthurian myth from the fifteenth through early seventeenth centuries, as a narrative that connected a set of political principles for the unification of Britain and its imperial expansion. Joining other competing political myths in the British archipelago, the political significance of the Arthurian myth has nevertheless been overlooked. On the one hand, the myth informed the transformations of kingship in England and Wales from the crowning of Edward IV to the early years of James’ English reign. It did so specifically within the process of institutionalizing a British crown which was intertwined with …

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

Articles

This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …

Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber

Articles

This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …

De Libero Conscientia: Martin Luther’S Rediscovery Of Liberty Of Conscience And Its Synthesis Of The Ancients And The Influence Of The Moderns, Bessie S. Blackburn

Liberty University Journal of Statesmanship & Public Policy

One fateful day on March 26, 1521, a lowly Augustinian monk was cited to appear before the Diet of Worms.[1] His habit trailed behind him as he braced for the questioning. He was firm, yet troubled. He boldly proclaimed: “If I am not convinced by proofs from Scripture, or clear theological reasons, I remain convinced by the passages which I have quoted from Scripture, and my conscience is held captive by the Word of God. I cannot and will not retract, for it is neither prudent nor right to go against one’s conscience. So help me God, …

Islam, Democracy, And The Leadership Role Of Women In Government, Leea Collard

Senior Honors Theses

This thesis examines the relationship between Islam, democratic government, and the governmental leadership of women in the Middle East, North Africa, and Turkey (MENAT). In order to understand female leadership in this region, the compatibility between Islam and democracy is analyzed. This occurs through the examination of Sharia Law and democratic principles within Islam. Furthermore, a statistical analysis of the successes of democracies in the region will be presented. Each nation will be categorized by the constitutional provisions entrusted to its female citizens. Thus, this thesis will present the legality of the political participation of women in each of the …

The Legal Significance Of Custom In The Halakhic Jurisprudence Of Rabbi Yechiel Mikhel Epstein’S Arukh Hashulchan, Shlomo C. Pill, Michael J. Broyde

Touro Law Review

No abstract provided.

Lost & Found: New Harvest, Owen Gottlieb, Ian Schreiber

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.

Set in Fustat (Old Cairo) in the 12th century, a great crossroads of Islam, Judaism, and Christianity. The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens …

Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found, Owen Gottlieb, Ian Schreiber

Articles

Lost & Found is a tabletop-to-mobile game series designed for teaching medieval religious legal systems. The long-term goals of the project are to change the discourse around religious laws, such as foregrounding the prosocial aspects of religious law such as collaboration, cooperation, and communal sustainability. This design case focuses on the evolution of the design of the mechanics and core systems in the first two tabletop games in the series, informed by over three and a half years’ worth of design notes, playable prototypes, outside design consultations, internal design reviews, playtests, and interviews.

Re-Playing Maimonides’ Codes: Designing Games To Teach Religious Legal Systems, Owen Gottlieb

Articles

Lost & Found is a game series, created at the Initiative for

Religion, Culture, and Policy at the Rochester Institute of

Technology MAGIC Center.1 The series teaches medieval

religious legal systems. This article uses the first two games

of the series as a case study to explore a particular set of

processes to conceive, design, and develop games for learning.

It includes the background leading to the author's work

in games and teaching religion, and the specific context for

the Lost & Found series. It discusses the rationale behind

working to teach religious legal systems more broadly, then

discuss the …

The Lost & Found Game Series: Teaching Medieval Religious Law In Context, Owen Gottlieb, Ian Schreiber

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context. The Lost & Found project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens in our pluralist democracy. The first game in the series is a strategy game called Lost & Found …

A Kentucky Town Votes Against A Culture War Rematch, Campbell Robertson

Media Collection

No abstract provided.

Caudill To Face Davis This November, The Morehead News

Media Collection

No abstract provided.

Man Denied Marriage License By Kim Davis Loses Primary Bid, Will Not Face Her In Fall, Will Wright

Media Collection

No abstract provided.

Gay Man Denied Marriage License By Kim Davis Loses Bid To Challenge Her For Kentucky County Clerkship, Mahita Gajanan

Media Collection

No abstract provided.

Amy Schumer, Susan Sarandon Give Cqsh To Kim Davis' Would-Be Opponent, Andrew Wlfoson

Media Collection

No abstract provided.

Kim Davis Denied His Marriage License. Will Voters Let Him Try To Oust Her?, Will Wright

Media Collection

No abstract provided.