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This book focused on texts and contexts is dedicated to a great contemporary Romanist, legal historian and comparative lawyer: Professor Watson.
This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
Borkowski's Textbook on Roman Law provides a clear and concise overview of Roman private law and civil procedure, supported by numerous extracts in translation from the Digest and Institutes. The book has been written with undergraduate students in mind and covers all key areas commonly taught on Roman law courses at undergraduate level.
This volume tells the story of the legacy and impact of the great German polymath Gottfried Wilhelm Leibniz (1646-1716). Leibniz made significant contributions to many areas, including philosophy, mathematics, political and social theory, theology, and various sciences. The essays in this volume explores the effects of Leibniz’s profound insights on subsequent generations of thinkers by tracing the ways in which his ideas have been defended and developed in the three centuries since his death. Each of the 11 essays is concerned with Leibniz’s legacy and impact in a particular area, and between them they show not just the depth of Leibniz’s talents but also the extent to which he shaped the various domains to which he contributed, and in some cases continues to shape them today. With essays written by experts such as Nicholas Jolley, Pauline Phemister, and Philip Beeley, this volume is essential reading not just for students of Leibniz but also for those who wish to understand the game-changing impact made by one of history’s true universal geniuses.
This book is a fundamental reassessment of the nature and impact of legal humanism on the development of law in Europe. It brings together the foremost international experts in related fields such as legal and intellectual history to debate central issues surrounding this movement.
Many laws in the Old Greek translation of the Covenant Code do not say the same thing as the Hebrew text. In the past, various idiosyncrasies in the Greek translation of laws that involve the death penalty had been glossed over and considered stylistic variations or grammatical outliers. However, when the text-linguistic features of the Greek translation are compared to contemporary literary, documentary, and legal Greek sources, new readings emerge: cursing a parent is no longer punishable by death; a law about bestiality becomes a law about animal husbandry; the authority of certain legal commands is deregulated. This work explores these and other new readings in comparison with contemporary Greco-Egyptian law.
This book offers a comprehensive and nuanced history of the Jews of Egypt, who constituted an important ethnic minority ever since they first appeared in the country. As part of the Greek-speaking ruling class, the Jews played an active role in the political, social and cultural life of Ptolemaic Egypt. Drawing on old and new documentary papyri supplemented by literary and epigraphic evidence, Szántó’s book focuses on reconstructing an overall picture of the Egyptian Jewish Diaspora and discusses different aspects of their life: onomastics, military life, social and legal position, religious customs and anti-Judaism. The incorporation of non-Greek (Aramaic and Egyptian) textual evidence into the research is innovative and offers new perspectives on certain topics whose understanding was previously limited. Szántó provides a diverse picture of Jewish life and demonstrates how the Jews integrated into Graeco-Egyptian society and, at the same time, preserved their ethnic identity.
The humanitarian concerns of the biblical slave laws and their rhetorical techniques rarely receive scholarly attention, especially the two slave laws in Deuteronomy. Previous studies that compared the biblical and the ANE laws focused primarily on their similarities and developed theories of direct borrowing. This ignored the fact that legal transplants were common in ancient societies. This study, in contrast, aims to identify similarities and dissimilarities in order to pursue an understanding of the underlying values promoted within these slave laws and the interests they protected. To do so, certain innovative methodologies were applied. The biblical laws examined present two diverse legal concepts that contrast to the ANE concepts: (1) all agents are regarded as persons and should be treated accordingly, and (2) all legal subjects are seen as free, dignified, and self-determining human beings. In addition, the biblical laws often distinguish an offender’s “criminal intent,” by which a criminal’s rights are also considered. Based on these features, the biblical laws are able to articulate YHWH’s humanitarian concerns and the basic concepts of human rights presented in Deuteronomy.
Scholars of biblical law are already widely agreed that ancient Israel did not draft law-texts for legislative purposes. This study critiques and challenges the current consensus, and presents an alternative hypothesis.
A Gedenkschrift to one of Scotland's most prominent jurists and legal thinkers.