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Ancient Law: Its Connection to the History of Early Society

By Sir Henry Sumner Maine
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  • Publisher : Library of Alexandria
  • Isbn : 1465538054
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  • Reads : 158
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  • File Pdf: ancient-laws-and-contemporary-controversies.pdf

Book Summary:

The Ten Commandments condone slavery, and Deuteronomy 22 deems the rape of an unmarried woman to injure her father rather than the woman herself. While many Christians ignore most Old Testament laws as obsolete or irrelevant-with others picking and choosing among them in support of specific political and social agendas-it remains a basic tenet of Christian doctrine that the faith is contained in both the Old and the New Testament. If the law is ignored, an important aspect of the faith tradition is denied. In Ancient Laws and Contemporary Controversies, Cheryl B. Anderson tackles this problem head on, attempting to answer the question whether the laws of the Old Testament are authoritative for Christians today. The issue is crucial: some Christians actually believe that the New Testament abolishes the law, or that the Protestant reformers Luther, Calvin, and Wesley rejected the law. Acknowledging the deeply problematic nature of some Old Testament law (especially as it applies to women, the poor, and homosexuals), Anderson finds that contemporary controversies are the result of such groups now expressing their own realities and faith perspectives. Anderson suggests that we approach biblical law in much the same way that we approach the U.S. Constitution. While the nation's founding fathers-all privileged white men-did not have the poor, women, or people of color in mind when they referred in its preamble to "We the people." Subsequently, the Constitution has evolved through amendment and interpretation to include those who were initially excluded. Although it is impossible to amend the biblical texts themselves, the way in which they are interpreted can-and should-change. With previous scholarship grounded in the Old Testament as well as critical, legal, and feminist theory, Anderson is uniquely qualified to apply insights from contemporary law to the interpretive history of biblical law, and to draw out their implications for issues of gender, class, and race/ethnicity. In so doing, she lays the groundwork for an inclusive mode of biblical interpretation.

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Offering a comprehensive account of the ancient origins of an important political institution through philological methods, rhetorical analysis of ancient arguments, and comparisons between models of judicial review in ancient Greece and the modern United States, Control of the Laws in the Ancient Democracy at Athens is an innovative study of ancient Greek law and democracy.

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The notion and understanding of law penetrated society in Ancient Rome to a degree unparalleled in modern times. The poet Juvenal, for instance, described the virtuous man as a good soldier, faithful guardian, incorruptible judge and honest witness. This book is concerned with four central questions: Who made the law? Where did a Roman go to discover what the law was? How has the law survived to be known to us today? And what procedures were there for putting the law into effect? In The Sources of Roman Law, the origins of law and their relative weight are described in the light of developing Roman history. This is a topic that appeals to a wide range of readers: the law student will find illumination for the study of the substantive law; the student of history will be guided into an appreciation of what Roman law means as well as its value for the understanding and interpretation of Roman history. Both will find invaluable the description of how the sources have survived to inform our legal system and pose their problems for us.

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Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.

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This volume consists of outstanding essays by contemporary scholars and specialists on classic writings in law and society. This second edition expands the previous volume by adding additional statements. Included are commentaries on Edward A. Ross's Social Control: A Survey of the Foundations of Order, Karl N. Llewellyn's Jurisprudence: Realism in Theory and Practice, Jerome Frank's Law and the Modern Mind, Leon Petrazycki's Law and Morality, and Karl Renner's The Institutions of Private Law and their Social Functions.The goal of Classic Writings in Law and Society is to acquaint a new generation of students with classic writings by diverse social and legal scholarsranging from Henry Sumner Maine, Oliver Wendell Holmes, Jr., and Hans Kelsen to Eugen Ehrlich, Nicholas S. Timasheff, and Richard Quinney. This work continues to demonstrate their contemporary theoretical relevance. Accordingly, each chapter speaks of the scholars' work in general, how the particular book under consideration fits into that corpus, and how the book is assessed in a present day context. These essays have a clear relation to the "classic" tradition in sociolegal thought.Reading the classics is useful in gaining a better understanding and appreciation of the essential foundation for a post-classic approach in law and social inquiryan approach that can be found in such orientations as critical legal studies, chaos theory in law, and legal semiotics. Classic Writings in Law and Society includes commentaries that consider early writings that set the standard for the social scientific approach in examining issues of law and punishment, social control, joint stock companies, business firms and nation-states in the study of law and society.

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King, Governance, and Law in Ancient India presents an English translation of Kautilya's Arthasastra (AS.) along with detailed endnotes. When it was discovered around 1905, the AS. was described as perhaps the most precious work in the whole range of Sanskrit literature, an assessment that still rings true. Patrick Olivelle's new translation of this significant text, the first in close to half a century, takes into account a number of important advances in our knowledge of the texts, inscriptions, and archeological and art historical remains from the period in Indian history to which the AS. belongs. The AS. is what we would today call a scientific treatise. It codifies a body of knowledge handed down in expert traditions and is specifically interested in two things: first, how a king can expand his territory, keep enemies at bay, enhance his external power, and amass riches; second, how a king can best organize his state bureaucracy to consolidate his internal power, to suppress internal enemies, to expand the economy, to enhance his treasury through taxes, duties, and entrepreneurial activities, to keep law and order, and to settle disputes among his subjects. The AS. stands alone: there is nothing like it before and there is nothing like it after.

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The ancient Greeks invented written law. Yet, in contrast to later societies in which law became a professional discipline, the Greeks treated laws as components of social and political history, reflecting the daily realities of managing society. To understand Greek law, then, requires looking into extant legal, forensic, and historical texts for evidence of the law in action. From such study has arisen the field of ancient Greek law as a scholarly discipline within classical studies, a field that has come into its own since the 1970s. This edited volume charts new directions for the study of Greek law in the twenty-first century through contributions from eleven leading scholars. The essays in the book’s first section reassess some of the central debates in the field by looking at questions about the role of law in society, the notion of “contracts,” feuding and revenge in the court system, and legal protections for slaves engaged in commerce. The second section breaks new ground by redefining substantive areas of law such as administrative law and sacred law, as well as by examining sources such as Hellenistic inscriptions that have been comparatively neglected in recent scholarship. The third section evaluates the potential of methodological approaches to the study of Greek law, including comparative studies with other cultures and with modern legal theory. The volume ends with an essay that explores pedagogy and the relevance of teaching Greek law in the twenty-first century.

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Written by experts from within their communities, this book compares the legal regimes of Christian churches as systems of religious law. The ecumenical movement, with its historical theological focus, has failed to date to address the role of church law in shaping relations between churches and fostering greater mutual understanding between them. In turn, theologians and jurists from the different traditions have not hitherto worked together on a fully ecumenical appreciation of the potential value of church laws to help, and sometimes to hinder, the achievement of greater Christian unity. This book seeks to correct this ecumenical church law deficit. It takes account of the recent formulation by an ecumenical panel of a Statement of Principles of Christian Law, which has been welcomed by Pope Francis and the Ecumenical Patriarch of Constantinople, leader of the Orthodox Church worldwide, as recognizing the importance of canon law for ecumenical dialogue. This book, therefore, not only provides the fruits of an understanding of church laws within ten Christian traditions, but also critically evaluates the Statement against the laws of these individual ecclesial communities. The book will be an essential resource for scholars of law and religion, theology, and sociology. It will also be of interest to those working in religious institutions and policy-makers.

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How should we talk about “the law” in a period so remote from our own and covering such a huge span of time and space? From the Code of Hammurabi (ca. 1750 BCE) to Justinian's Corpus Iuris Civilis (529-534 CE), A Cultural History of Law in Antiquity draws upon legal texts and non-textual forms (such as vase-painting, sculpture, and architecture) to uncover the diverse and rich legal traditions of societies ranging from the Ancient Near Eastern cities of Assyria and Babylon in Mesopotamia to the Ancient Israelites, and from Ancient Greece to Rome of the Archaic and Classical Periods. With a wealth of textual and visual sources, A Cultural History of Law in Antiquity presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.

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Ancient Rome is the only society in the history of the western world whose legal profession evolved autonomously, distinct and separate from institutions of political and religious power. Roman legal thought has left behind an enduring legacy and exerted enormous influence on the shaping of modern legal frameworks and systems, but its own genesis and context pose their own explanatory problems. The economic analysis of Roman law has enormous untapped potential in this regard: by exploring the intersecting perspectives of legal history, economic history, and the economic analysis of law, the two volumes of Roman Law and Economics are able to offer a uniquely interdisciplinary examination of the origins of Roman legal institutions, their functions, and their evolution over a period of more than 1000 years, in response to changes in the underlying economic activities that those institutions regulated. Volume II covers the concepts of exchange, ownership, and disputes, analysing the detailed workings of credit, property, and slavery, among others, while Volume I explores Roman legal institutions and organizations in detail, from the constitution of the Republic to the management of business in the Empire. Throughout each volume, contributions from specialists in legal and economic history, law, and legal theory are underpinned by rigorous analysis drawing on modern empirical and theoretical techniques and methodologies borrowed from economics. In demonstrating how these can be fruitfully applied to the study of ancient societies, with due deference to the historical context, Roman Law and Economics opens up a host of new avenues of research for scholars and students in each of these fields and in the social sciences more broadly, offering new ways in which different modes of enquiry can connect with and inform each other.

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The Invention of Primitive Society, Adam Kuper’s best selling critique of ideas about the origins of society and religion that have been much debated since Darwin, has been hugely influential in anthropology and post-colonial studies. This topical new edition, entitled The Reinvention of Primitive Society, has been thoroughly revised and updated to take account of new research in the field. It coincides with a revival of the myth of primitive society by the ‘indigenous peoples’ movement’, which taps into a widespread popular belief about the noble savage and reflects a romantic reaction against ‘civilisation’ and ‘science’. By way of fascinating accounts of classic texts in anthropology, classical studies and law, the book reveals how wholly mistaken theories can become the basis for academic research and political programmes. In new chapters, Kuper challenges this most recent version of the myth of primitive society and traces conceptions of the barbarian, savage and primitive back through the centuries to ancient Greece. Lucidly written and student friendly, this is the must-have text for those interested in anthropological theory and current post-colonial debates.

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