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Articles 1 - 17 of 17
Full-Text Articles in Law
Christian Influence On Roman Natural Law In The Corpus Juris Civilis, Bryce Tenberg
Christian Influence On Roman Natural Law In The Corpus Juris Civilis, Bryce Tenberg
Helm's School of Government Conference - American Revival: Citizenship & Virtue
Few civilizations have influenced the contemporary world more than the Romans, and the same can be said regarding the field of law. Today, legal foundations throughout the West are built upon the Roman legal system, with the Code of Justinian—also known as the Corpus Juris Civilis—being arguably the most influential. This work compiled and simplified centuries of Roman law to ensure a more efficient jurisprudence, and due to its survival, it would form the foundation of the modern jurisprudence. However, at the same time this work was written, the empire had changed significantly with the adoption of Christianity. This …
Drug Ideologies Of The United States, Macy Montgomery
Drug Ideologies Of The United States, Macy Montgomery
Helm's School of Government Conference - American Revival: Citizenship & Virtue
The United States has been increasingly creating lenient drug policies. Seventeen states and Washington, the District of Columbia, legalized marijuana, and Oregon decriminalized certain drugs, including methamphetamine, heroin, and cocaine. The medical community has proven that drugs, including marijuana, have myriad adverse health side effects. This leads to two questions: Why does the United States government continue to create lenient drug policies, and what reasons do citizens give for legalizing drugs when the medical community has proven them harmful? The paper hypothesizes that the disadvantages of drug legalization outweigh its benefits because of the numerous harms it causes, such as …
The Declaration Of Independence, Constitution, And Slavery, Johnny B. Davis
The Declaration Of Independence, Constitution, And Slavery, Johnny B. Davis
Helm's School of Government Conference - American Revival: Citizenship & Virtue
The paper address the nature of the principles of the Declaration and the Declaration's relationship to the Constitution and how these related to slavery. The argument is that the Declaration did stand for universal equality of the individual before God and the law and therefore its principles condemned slavery. The Constitution did not embrace slavery even though it failed to ban slavery but did set the foundation for the end of slavery.
Health Choice Or Health Coercion? The Osha Emergency Temporary Standard Covid-19 Vaccination Mandates: Ax Or Vax, Savannah Snyder
Health Choice Or Health Coercion? The Osha Emergency Temporary Standard Covid-19 Vaccination Mandates: Ax Or Vax, Savannah Snyder
Helm's School of Government Conference - American Revival: Citizenship & Virtue
No abstract provided.
Policy Challenges To Recognizing And Conserving Cultural Landscapes In The United States, Brenda Barrett
Policy Challenges To Recognizing And Conserving Cultural Landscapes In The United States, Brenda Barrett
ISCCL Scientific Symposia and Annual General Meetings // Symposiums scientifiques et assemblées générales annuelles de l'ISCCL // Simposios científicos yy las Asambleas Generales Anuales
Cultural Landscapes have come late to the game in the US government’s historic preservation policy schemes. While the US National Park Service (NPS) established a documentation program - the Historic American Landscapes, landscapes are not specifically identified as a historic resource type to be recognized and protected by any of the existing statutory frameworks. In 2013 the NPS cultural resource leadership sought to remedy this deficiency by undertaking an extensive study, the National Register Landscape Initiative, with the goal of proposing legislative changes to the National Historic Preservation Act. Cultural landscapes would be added as a distinct property type to …
Easy Money, Elite Anxiety And Rome's First Anti-Gambling Law, Suzanne B. Faris Phd
Easy Money, Elite Anxiety And Rome's First Anti-Gambling Law, Suzanne B. Faris Phd
International Conference on Gambling & Risk Taking
No abstract provided.
Maneuvering Modernity: Family Law As A Battle Field In Colonial Taiwan (1895-1945), Yun-Ru Chen
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
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 …
The Jews And Ius Commune, Kenneth Stow
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
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)
Jews At The Court Of The Kadi, Yaron Ben-Naeh
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
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
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 Herem As The Source Of Authority Of The Lay Governing Council, Anne Oravetz Albert
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)
Challenging Herem In Hamburg, 1732, David Horowitz
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
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
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)