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This volume is a systematic study of the rules of proof in English Courts of Equity between the later sixteenth and the early eighteenth century. In this period the proof practices of the Courts of Equity were controversial, as contemporary lawyers saw them as linked to the Civil Law, and some perceived a threat to the Common Law tradition. The reality of this linkage and threat has continued to be controversial among historians. In addition, this period saw the early stages of the development of the Common Law of Evidence, which in modern law is a striking divergence from Civil Law systems. The origins of the law of evidence have traditionally been linked to the need for judges to control the jury, but this view has been subject to several recent critiques. The Courts of Equity did not generally use jury trial. This study considers Equity proof rules in their relationships to contemporary Civil and Canon Law proof conceptions, medieval Common Law rules governing proof of facts, and early Common Law evidence rules. It concludes that Equity courts operated a variant of civilian proof concepts, and mediated an influence of these concepts on the origins of the Common Law of Evidence. These findings cast a new light on the debates on these origins, and on the relationship between the Common Law and Civil Law traditions in early modern England.
For the past few decades a growing number of scholars have attempted to overthrow the traditional Wellhausian view that the so-called 'Yahwist' or 'J' source of the Pentateuch is the oldest of the four major sources. These scholars have argued that J was composed during the exilic or post-exilic periods of ancient Israel. Their arguments have focused on the literary, historiographic, and theological characteristics of 'J'. This book attempts to re-evaluate on linguistic grounds such efforts to place the Yahwist source in the exilic or post-exilic periods. The study employs the methodology developed most prominently by Avi Hurvitz for identifying characteristic features of post-exilic Hebrew ('Late Biblical Hebrew'). This divides the language of the Hebrew Bible into three main chronological stages: Archaic Biblical Hebrew (ABH), Standard Biblical Hebrew (SBH), and Late Biblical Hebrew (LBH). Wright examines 40 features of J for which useful comparisons can be made to LBH and finds no evidence of LBH in the entire Yahwist source. Therefore it is unlikely that J was composed during the post-exilic period. Moreover since Hurvitz has shown that the exilic period was a time of transition between SBH and LBH such that late features began to occur in exilic texts, the author concludes on linguistic grounds that J was most likely composed during the pre-exilic period of ancient Israel.