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English summary: This volume contains the expanded articles written by a group of specialists in comparative legal history, oriental law and ethnological legal research who dealt with various aspects of the position and the function of the judge in Western and Islamic law during the 30th conference for comparative law in Wurzburg in 2005. In both legal systems, the main issue is basically the just judge. Attempts to guarantee that justice is done by a judge can be made in various ways and can complement each other, such as for example through a selection according to general knowledge and honesty, preordained professional careers or rules of procedure for the trial. German description: Dieser Band enthalt die erweiterten Beitrage der Fachgruppe fur vergleichende Rechtsgeschichte, orientalische Rechte und ethnologische Rechtsforschung, die sich auf der 30. Tagung fur Rechtsvergleichung in Wurzburg 2005 mit verschiedenen Aspekten von Position und Aufgaben des Richters nach westlichem und nach islamischem Recht beschaftigte. Dahinter steht in beiden Rechtssystemen letztlich die Frage nach dem gerechten Richter. Versuche, die Gerechtigkeit des Richters zu gewahrleisten, konnen in verschiedenster Weise erfolgen und sich erganzen, so z.B. durch Auswahl nach Sachkunde und Redlichkeit, vorgezeichnete Berufslaufbahnen oder Verfahrenvorschriften fur den Prozess. Im vorliegenden Band mit Beitragen von Wissenschaftlern aus Deutschland, der Turkei, Iran und dem Libanon werden sowohl historische wie aktuelle Aspekte dieses Themas behandelt.
Islamic Law in Past and Present, written by the lawyer and Islamicist Mathias Rohe, is the first comprehensive study for decades on Islamic law, legal theory, reform mechanisms and the application of Islamic law in Islamic countries and the Muslim diaspora. It provides information based on an abundance of Oriental and Western sources regarding family and inheritance law, contract and economic law, penal law, constitutional, administrative and international law. The present situation and ‘law in action’ are highlighted particularly. This includes examples collected during field studies on the application of Islamic law in India, Canada and Germany.
Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.
Uwe Kischel's comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and takes a practical perspective on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France, and extended to Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), different contexts in Asia, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.
The series publishes important new editions of and commentaries on texts from Greco-Roman antiquity, especially annotated editions of texts surviving only in fragments. Due to its programmatically wide range the series provides an essential basis for the study of ancient literature.
German Idealism develops its philosophy of history as the theory of becoming absolute and as absolute knowledge. Historism also originates from Hegel's and Schelling's discovery of absolute historicity as it turns against Idealism's philosophy of history by emphasizing the singular and unique in the process of history. German Idealism and Historism can be considered as the central German contribution to the history of ideas. Since Idealism became most influential for modern philosophy and Historism for modern historiography, they are analyzed in this volume in a collaboration of philosophers and historians. German Idealism is presented in Schelling and its critics Schlegel, Baader, and Nietzsche; Historism in Ranke, Droysen, Burckhardt, and Treitschke. The volume further presents the impact of Idealism and Historism on present German approaches to the philosophy of history and outlines the debates on the possibility of a philosophy of history and on the methodology of the historical sciences.
The volume Environmental Ethics: Cross-cultural Explorations places cross-cultural study at the center of inquiry. The cross-culturally rich explorations collected in this volume seek to critically examine some theoretical assumptions driving current debates in the field like anthropocentrism, individualism etc. In addition, they also endeavor to develop an integrative approach which can better channel ways in which current global challenges to the environment can be met.
In the spring of 1945, Fuhrer and Reich Chancellor Adolf Hitler, President Edvard Benes, and Marshal Josip Broz Tito stood as examples of the complete rupture between the Germans and Austrians on the one hand, and the Czechs, Slovaks, Slovenes, Croats, Serbs, and Bosniaks on the other. The total break that occurred in World War II with war crimes, crimes against humanity, and even genocides (particularly against the Jews and "Gypsies") had a long pre-history, beginning with violent nationalist clashes in the Habsburg Monarchy during the revolutions of 1848/49. Therefore, this monograph - based on a broad range of international primary and secondary sources - explores the development of the political, legal, economic, social, and cultural "communities of conflict" within Austria-Hungary, especially in the Bohemian and South Slavic countries, the making of the Paris Peace Treaties in 1919/20 by violating President Wilson's principle of self-determination, particularly in drawing new borders and creating new economic units, and the perpetuated ethnic-national conflicts between Czechs and Germans, Slovaks and Magyars, Slovenes and Germans, Croats and Serbs as well as Serbs and Germans in the successor states, deepening the differences between the nations of East-Central Europe. Although many kings, presidents, chancellors, ministers, governors, diplomats, business tycoons, generals, Nazi-Gauleiter, higher SS and police leaders, and Communist functionaries have appeared as historical actors in the 170 years of East-Central and Southeastern European history, Hitler, Benes, and Tito remain especially present in historical memory at the beginning of the twenty-first century.
A COMPANION TO THE ARCHAEOLOGY OF THE ANCIENT NEAR EAST A Companion to the Archaeology of the Ancient Near East is a comprehensive and authoritative overview of ancient material culture from the late Pleistocene to Late Antiquity. This expansive two-volume work includes 58 new essays from an international community of ancient Near East scholars. With coverage extending from Asia Minor, the eastern Mediterranean, and Egypt to the Caucasus, Central Asia, and the Indo-Iranian borderlands, the book highlights the enormous variation in cultural developments across roughly 11,000 years of human endeavor. In addition to chapters devoted to specific regions and particular periods, many contributors concentrate on individual industries and major themes in ancient Near Eastern archaeology, ranging from metallurgy and agriculture to irrigation and fishing. Controversial issues, including the nature and significance of the antiquities market, ethical considerations in archaeological praxis, the history of the foundation of departments of antiquities, and ancient attitudes towards the past, make this a unique collection of studies that will be of interest to scholars, students, and interested readers alike.
The fourteen chapters in this anthology feature original analyses of contemporary German-language literary texts, films, political cartoons, cabaret, and other types of performance. The artworks display a wide spectrum of humor modes, such as irony, satire, the grotesque, Jewish humor, and slapstick, as responses to unification with the accompanying euphoria, but also alienation and dislocation. Kerstin Hensel’s Lärchenau, Christoph Hein’s Landnahme, and vignette collections by Jakob Hein (Antrag auf ständige Ausreise und andere Mythen der DDR) and Wladimir Kaminer (Es gab keinen Sex im Sozialismus) are interpreted as examples of the grotesque. The popular films Lola rennt, Sonnenallee, Herr Lehmann, NVA, Alles auf Zucker!, and Mein Führer—Die wirklich wahrste Wahrheit über Adolf Hitler are reexamined through the lens of traditional and more recent humor or comic book theories. The contributors focus on how each artwork enriches four prominent postwall German cultural trends: post-unification identity reconstruction, Vergangenheitsbewältigung (including Hitler humor), New German Popular Literature (Christian Kracht’s ironic subtexts), and immigrant perspectives (a “third voice” in the East-West binary reflected here pointedly in Eulenspiegel cartoons). To date, no other scholarly work provides as comprehensive an overview of the diverse strategies of humor used in the past two decades in German-speaking countries.