Antony Black
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780199533206
- eISBN:
- 9780191714498
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533206.003.0007
- Subject:
- Political Science, Political Theory
Despite their shared Abrahamic and Platonic legacies, Europe and Islam developed markedly different approaches to theology, philosophy, and political theory. Muslim philosophers used Plato and ...
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Despite their shared Abrahamic and Platonic legacies, Europe and Islam developed markedly different approaches to theology, philosophy, and political theory. Muslim philosophers used Plato and Aristotle to provide a rational understanding of the caliphate and the Shari'a. Even this attempt at rationalism did not take root. Muslim political thought became dominated by the ‘consensus’ established, solely on the basis of revealed texts, by orthodox jurists. Reason was a supreme value but it did not mean open-ended enquiry. Problems were to be solved by a more thorough application of religious norms. Philosophy, seen as a means of better understanding revealed truths, revived in Europe from the 12th century and developed continuously. Western thinkers developed a distinction between faith and reason. They saw Cicero and Aristotle as complementing scripture. This eventually made possible non-religious theories of the state and its constitution.Less
Despite their shared Abrahamic and Platonic legacies, Europe and Islam developed markedly different approaches to theology, philosophy, and political theory. Muslim philosophers used Plato and Aristotle to provide a rational understanding of the caliphate and the Shari'a. Even this attempt at rationalism did not take root. Muslim political thought became dominated by the ‘consensus’ established, solely on the basis of revealed texts, by orthodox jurists. Reason was a supreme value but it did not mean open-ended enquiry. Problems were to be solved by a more thorough application of religious norms. Philosophy, seen as a means of better understanding revealed truths, revived in Europe from the 12th century and developed continuously. Western thinkers developed a distinction between faith and reason. They saw Cicero and Aristotle as complementing scripture. This eventually made possible non-religious theories of the state and its constitution.
Tariq Ramadan
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195331714
- eISBN:
- 9780191720987
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331714.001.0001
- Subject:
- Religion, Islam
This book tackles head-on the rulings of Islamic jurists that make Islam seem incompatible with modern, scientifically, and technologically advanced, democratic societies. The book argues that it is ...
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This book tackles head-on the rulings of Islamic jurists that make Islam seem incompatible with modern, scientifically, and technologically advanced, democratic societies. The book argues that it is crucial to find theoretical and practical solutions that will enable Western Muslims to remain faithful to Islamic ethics while fully living within their societies and their time. It notes that Muslim scholars often refer to the notion of ijtihâd (critical and renewed reading of the foundational texts) as the only way for Muslims to take up these modern challenges. But, the book argues, in practice such readings have effectively reached the limits of their ability to serve the faithful in the West as well as the East. This book sets forward a radical new concept of ijtihâd, which puts context—including the knowledge derived from the hard and human sciences, cultures, and their geographic and historical contingencies—on an equal footing with the scriptures as a source of Islamic law. This global and comprehensive approach, it says, seems to be the only way to go beyond the current limits and face up to the crisis in contemporary Islamic thought: Muslims need a contemporary global and applied ethics. After setting out this proposal, the book applies a new methodology to several practical case studies involving controversial issues in five areas: medical ethics, education, economics, marriage and divorce, culture, and creativity.Less
This book tackles head-on the rulings of Islamic jurists that make Islam seem incompatible with modern, scientifically, and technologically advanced, democratic societies. The book argues that it is crucial to find theoretical and practical solutions that will enable Western Muslims to remain faithful to Islamic ethics while fully living within their societies and their time. It notes that Muslim scholars often refer to the notion of ijtihâd (critical and renewed reading of the foundational texts) as the only way for Muslims to take up these modern challenges. But, the book argues, in practice such readings have effectively reached the limits of their ability to serve the faithful in the West as well as the East. This book sets forward a radical new concept of ijtihâd, which puts context—including the knowledge derived from the hard and human sciences, cultures, and their geographic and historical contingencies—on an equal footing with the scriptures as a source of Islamic law. This global and comprehensive approach, it says, seems to be the only way to go beyond the current limits and face up to the crisis in contemporary Islamic thought: Muslims need a contemporary global and applied ethics. After setting out this proposal, the book applies a new methodology to several practical case studies involving controversial issues in five areas: medical ethics, education, economics, marriage and divorce, culture, and creativity.
P. R. Glazebrook
- Published in print:
- 2003
- Published Online:
- January 2013
- ISBN:
- 9780197262788
- eISBN:
- 9780191754210
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197262788.003.0021
- Subject:
- History, Historiography
Glanville Williams was an eminent jurist, specialising in criminal law, the publication of whose Criminal Law: The General Part in 1953 transformed scholarly and professional attitudes to its ...
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Glanville Williams was an eminent jurist, specialising in criminal law, the publication of whose Criminal Law: The General Part in 1953 transformed scholarly and professional attitudes to its subject. An introductory textbook for students, Learning the Law, published in 1944, has remained in print through several editions. Williams, who held four Chairs in law, including Quain Professor of Jurisprudence at University College, London and the Rouse Ball Professorship of English Law at Cambridge, was elected Fellow of the British Academy at the young age of 46. He gave support to the campaigns for the modification of the criminal law of abortion, drafting Bills in 1952, 1961, 1965 and 1966 and advising on the successful one of 1967. Obituary by P. R. Glazebrook.Less
Glanville Williams was an eminent jurist, specialising in criminal law, the publication of whose Criminal Law: The General Part in 1953 transformed scholarly and professional attitudes to its subject. An introductory textbook for students, Learning the Law, published in 1944, has remained in print through several editions. Williams, who held four Chairs in law, including Quain Professor of Jurisprudence at University College, London and the Rouse Ball Professorship of English Law at Cambridge, was elected Fellow of the British Academy at the young age of 46. He gave support to the campaigns for the modification of the criminal law of abortion, drafting Bills in 1952, 1961, 1965 and 1966 and advising on the successful one of 1967. Obituary by P. R. Glazebrook.
Thomas A. J. McGinn
- Published in print:
- 2003
- Published Online:
- September 2007
- ISBN:
- 9780195161328
- eISBN:
- 9780199789344
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195161328.003.0004
- Subject:
- Classical Studies, Literary Studies: Classical, Early, and Medieval
This chapter examines how the ancient Roman law lex Iulia et Papia was developed and applied over time. The focus is firstly on the refinements and supplements introduced by Augustus's successors and ...
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This chapter examines how the ancient Roman law lex Iulia et Papia was developed and applied over time. The focus is firstly on the refinements and supplements introduced by Augustus's successors and secondly on the interpretative work of the jurists, as they elaborated the law. Most of the new legislation did not concern prostitutes and pimps directly, so the chapter will concentrate on two measures, one of Domitian and one of Hadrian. Most of the juristic evidence dates from the late classical period. Over the span of two centuries there was inevitably change in the way the statute was interpreted and applied. The task of the jurists was to construe the law in light of the evolution of Roman society and the judicial system. The gradual change in the law of procedure perhaps gave the jurists greater flexibility but made no fundamental difference in the way these laws were interpreted and applied.Less
This chapter examines how the ancient Roman law lex Iulia et Papia was developed and applied over time. The focus is firstly on the refinements and supplements introduced by Augustus's successors and secondly on the interpretative work of the jurists, as they elaborated the law. Most of the new legislation did not concern prostitutes and pimps directly, so the chapter will concentrate on two measures, one of Domitian and one of Hadrian. Most of the juristic evidence dates from the late classical period. Over the span of two centuries there was inevitably change in the way the statute was interpreted and applied. The task of the jurists was to construe the law in light of the evolution of Roman society and the judicial system. The gradual change in the law of procedure perhaps gave the jurists greater flexibility but made no fundamental difference in the way these laws were interpreted and applied.
Thomas A. J. McGinn
- Published in print:
- 2003
- Published Online:
- September 2007
- ISBN:
- 9780195161328
- eISBN:
- 9780199789344
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195161328.003.0006
- Subject:
- Classical Studies, Literary Studies: Classical, Early, and Medieval
This chapter examines the ancient Roman law lex Iulia de adulteriis coercendis, with emphasis on imperial law generated by emperor and Senate and the law of the jurists. The juristic definition of ...
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This chapter examines the ancient Roman law lex Iulia de adulteriis coercendis, with emphasis on imperial law generated by emperor and Senate and the law of the jurists. The juristic definition of “prostitute” under the adultery statute is discussed, along with criminal pimping under the statute, the moral significance that the jurists attributed to the main species of lenocinium, and the offenses against the lex Iulia that came to be viewed by the jurists as a species of lenocinium. The lex Iulia de adulteriis coercendis was the only special criminal law on which the jurists wrote monographs. Three of the Severan greats, Ulpian, Papinian, and Paul, made notable contributions in this area. If these men felt any hostility toward the statute, it is well masked. Their approach to the interpretation of the law is typical of the general juristic position. This in turn may be described as quite favorable, insofar as it aids the policy goals pursued by the statute wherever possible through extensive interpretation.Less
This chapter examines the ancient Roman law lex Iulia de adulteriis coercendis, with emphasis on imperial law generated by emperor and Senate and the law of the jurists. The juristic definition of “prostitute” under the adultery statute is discussed, along with criminal pimping under the statute, the moral significance that the jurists attributed to the main species of lenocinium, and the offenses against the lex Iulia that came to be viewed by the jurists as a species of lenocinium. The lex Iulia de adulteriis coercendis was the only special criminal law on which the jurists wrote monographs. Three of the Severan greats, Ulpian, Papinian, and Paul, made notable contributions in this area. If these men felt any hostility toward the statute, it is well masked. Their approach to the interpretation of the law is typical of the general juristic position. This in turn may be described as quite favorable, insofar as it aids the policy goals pursued by the statute wherever possible through extensive interpretation.
Thomas A. J. McGinn
- Published in print:
- 2003
- Published Online:
- September 2007
- ISBN:
- 9780195161328
- eISBN:
- 9780199789344
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195161328.003.0009
- Subject:
- Classical Studies, Literary Studies: Classical, Early, and Medieval
This chapter discusses the private law of the jurists with respect to prostitution and law-finding concerning prostitution. Roman private law never developed a comprehensive approach toward ...
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This chapter discusses the private law of the jurists with respect to prostitution and law-finding concerning prostitution. Roman private law never developed a comprehensive approach toward prostitution and its practitioners. The absence of such an approach is not merely a product of its casuistry but reveals its basic orientation as a law system designed by and for members of the upper classes. This fact suggests that for many purposes private law could ignore prostitution. All the same, problems related to the practice of prostitution did arise from time to time in scattered areas of the law. The classical juristic texts preserved by Justinian's compilers, supplemented in one case by a pair of texts taken from another postclassical collection, make it possible to take up the threads of policies fashioned for the procedural law and positive enactments. Two fundamental concerns emerge, which can be identified in general terms as the conservation of patrimony and the safeguarding of honor.Less
This chapter discusses the private law of the jurists with respect to prostitution and law-finding concerning prostitution. Roman private law never developed a comprehensive approach toward prostitution and its practitioners. The absence of such an approach is not merely a product of its casuistry but reveals its basic orientation as a law system designed by and for members of the upper classes. This fact suggests that for many purposes private law could ignore prostitution. All the same, problems related to the practice of prostitution did arise from time to time in scattered areas of the law. The classical juristic texts preserved by Justinian's compilers, supplemented in one case by a pair of texts taken from another postclassical collection, make it possible to take up the threads of policies fashioned for the procedural law and positive enactments. Two fundamental concerns emerge, which can be identified in general terms as the conservation of patrimony and the safeguarding of honor.
Annabel S. Brett
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691141930
- eISBN:
- 9781400838622
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691141930.003.0004
- Subject:
- History, American History: early to 18th Century
This chapter explores the concept of natural law, turning first to the Protestant milieu. Alterity—what would in the seventeenth century come to be theorized, and problematized, as “sociability”—is ...
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This chapter explores the concept of natural law, turning first to the Protestant milieu. Alterity—what would in the seventeenth century come to be theorized, and problematized, as “sociability”—is the dominant mood of the humanist and Protestant handling of natural law. It is there even in Thomas Hobbes, whose natural law coincides with moral philosophy and concerns the sphere of one's actions in respect of others. However, the Catholic scholastic tradition presents a very different framing of natural law, one that centers on individual agency and regulates the behavior of individual agents in their aspect as beings of a particular kind. While authors in this tradition grapple equally with the question of animal behavior in relation to law, they do not do so from the social perspective that characterizes Protestant humanist Aristotelians and jurists.Less
This chapter explores the concept of natural law, turning first to the Protestant milieu. Alterity—what would in the seventeenth century come to be theorized, and problematized, as “sociability”—is the dominant mood of the humanist and Protestant handling of natural law. It is there even in Thomas Hobbes, whose natural law coincides with moral philosophy and concerns the sphere of one's actions in respect of others. However, the Catholic scholastic tradition presents a very different framing of natural law, one that centers on individual agency and regulates the behavior of individual agents in their aspect as beings of a particular kind. While authors in this tradition grapple equally with the question of animal behavior in relation to law, they do not do so from the social perspective that characterizes Protestant humanist Aristotelians and jurists.
Shihab al-Din Ahmad ibn Idris al-Qarafi al-Maliki
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780300191158
- eISBN:
- 9780300227567
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300191158.001.0001
- Subject:
- Law, Legal History
This book is the first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few ...
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This book is the first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. This edition addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi's seminal work available to a wider audience. The book's examination of the distinctions among judicial rulings, which were final and unassailable; legal opinions, which were advisory and not binding; and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.Less
This book is the first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. This edition addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi's seminal work available to a wider audience. The book's examination of the distinctions among judicial rulings, which were final and unassailable; legal opinions, which were advisory and not binding; and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.
Jacqueline A. McLeod
- Published in print:
- 2011
- Published Online:
- April 2017
- ISBN:
- 9780252036576
- eISBN:
- 9780252093616
- Item type:
- book
- Publisher:
- University of Illinois Press
- DOI:
- 10.5406/illinois/9780252036576.001.0001
- Subject:
- History, African-American History
This long overdue biography elevates Jane Matilda Bolin to her rightful place in American history as an activist, integrationist, jurist, and outspoken public figure in the political and professional ...
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This long overdue biography elevates Jane Matilda Bolin to her rightful place in American history as an activist, integrationist, jurist, and outspoken public figure in the political and professional milieu of New York City before the onset of the modern Civil Rights movement. When Bolin was appointed to New York City's domestic relations court in 1939 for the first of four 10-year terms, she became the nation's first African American woman judge. Drawing on archival materials as well as a meeting with Bolin in 2002, the author reveals how Bolin parlayed her judicial position to impact significant reforms of the legal and social service system in New York. Beginning with Bolin's childhood and educational experiences at Wellesley and Yale, the book chronicles Bolin's relatively quick rise through the ranks of a profession that routinely excluded both women and African Americans. The book links Bolin's activist leanings and integrationist zeal to her involvement in the National Association for the Advancement of Colored People (NAACP) and details her work as a critic and reformer of domestic relations courts and juvenile placement facilities.Less
This long overdue biography elevates Jane Matilda Bolin to her rightful place in American history as an activist, integrationist, jurist, and outspoken public figure in the political and professional milieu of New York City before the onset of the modern Civil Rights movement. When Bolin was appointed to New York City's domestic relations court in 1939 for the first of four 10-year terms, she became the nation's first African American woman judge. Drawing on archival materials as well as a meeting with Bolin in 2002, the author reveals how Bolin parlayed her judicial position to impact significant reforms of the legal and social service system in New York. Beginning with Bolin's childhood and educational experiences at Wellesley and Yale, the book chronicles Bolin's relatively quick rise through the ranks of a profession that routinely excluded both women and African Americans. The book links Bolin's activist leanings and integrationist zeal to her involvement in the National Association for the Advancement of Colored People (NAACP) and details her work as a critic and reformer of domestic relations courts and juvenile placement facilities.
William G. Wagner
- Published in print:
- 1994
- Published Online:
- October 2011
- ISBN:
- 9780198204473
- eISBN:
- 9780191676291
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198204473.003.0011
- Subject:
- History, European Modern History
This chapter provides a conclusion on the effects of the revisions made to family, property, and inheritance law in Imperial Russia.
This chapter provides a conclusion on the effects of the revisions made to family, property, and inheritance law in Imperial Russia.
John W. Cairns and Paul J. du Plessis
- Published in print:
- 2010
- Published Online:
- March 2012
- ISBN:
- 9780748638970
- eISBN:
- 9780748651481
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748638970.001.0001
- Subject:
- Law, Legal History
This book surveys the traditional classifications of private law to establish the cognitive techniques used by medieval Italian and French jurists to transform Roman law into the ius commune of ...
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This book surveys the traditional classifications of private law to establish the cognitive techniques used by medieval Italian and French jurists to transform Roman law into the ius commune of Western Europe. It discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in English beyond grand narratives on the history of law in Europe, this book fills a gap in the literature. With a focus on how the medieval Roman lawyers systematised the Roman sources through detailed discussions of specific areas of law, it considers: the sources of medieval law and how to access them; the development from cases to rules; medieval lawyers' strategies for citing each other and their significance; and the growth of a conceptual approach to the study of law.Less
This book surveys the traditional classifications of private law to establish the cognitive techniques used by medieval Italian and French jurists to transform Roman law into the ius commune of Western Europe. It discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in English beyond grand narratives on the history of law in Europe, this book fills a gap in the literature. With a focus on how the medieval Roman lawyers systematised the Roman sources through detailed discussions of specific areas of law, it considers: the sources of medieval law and how to access them; the development from cases to rules; medieval lawyers' strategies for citing each other and their significance; and the growth of a conceptual approach to the study of law.
William M Gordon
- Published in print:
- 2007
- Published Online:
- September 2012
- ISBN:
- 9780748625161
- eISBN:
- 9780748671571
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748625161.003.0003
- Subject:
- Law, Legal History
The date of the lex Aquilia is controversial. One view is that it was associated with a secession of the plebs. This association is made by Byzantine jurists, such as Theophilus, and it is argued ...
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The date of the lex Aquilia is controversial. One view is that it was associated with a secession of the plebs. This association is made by Byzantine jurists, such as Theophilus, and it is argued that their view may be based on sources unknown to us. However the same association is made by medieval jurists who are unlikely to have had knowledge of such sources and so the association may well be based on speculation rather than evidence.Less
The date of the lex Aquilia is controversial. One view is that it was associated with a secession of the plebs. This association is made by Byzantine jurists, such as Theophilus, and it is argued that their view may be based on sources unknown to us. However the same association is made by medieval jurists who are unlikely to have had knowledge of such sources and so the association may well be based on speculation rather than evidence.
Hamid Mavani
- Published in print:
- 2001
- Published Online:
- October 2011
- ISBN:
- 9780195137996
- eISBN:
- 9780199849055
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195137996.003.0012
- Subject:
- Religion, Islam
Ayatollah Khomeini's objective was to eliminate any restrictions to the ulama's power, so that their authority would be equal to that of the Prophet and the Hidden Imam. This chapter examines the ...
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Ayatollah Khomeini's objective was to eliminate any restrictions to the ulama's power, so that their authority would be equal to that of the Prophet and the Hidden Imam. This chapter examines the proofs that Khomeini advanced to substantiate his claims of the infallibility and total authority of the religious jurist. Other leading jurists, such as the late Ayatollah Abu'l Qasim Khu'i, did not share Khomeini's views on this subject. These jurists counter that Khomeini has based his arguments on traditions with weak chains of transmission and that he differs markedly from his predecessors in interpreting these traditions.Less
Ayatollah Khomeini's objective was to eliminate any restrictions to the ulama's power, so that their authority would be equal to that of the Prophet and the Hidden Imam. This chapter examines the proofs that Khomeini advanced to substantiate his claims of the infallibility and total authority of the religious jurist. Other leading jurists, such as the late Ayatollah Abu'l Qasim Khu'i, did not share Khomeini's views on this subject. These jurists counter that Khomeini has based his arguments on traditions with weak chains of transmission and that he differs markedly from his predecessors in interpreting these traditions.
Talib Aziz
- Published in print:
- 2001
- Published Online:
- October 2011
- ISBN:
- 9780195137996
- eISBN:
- 9780199849055
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195137996.003.0013
- Subject:
- Religion, Islam
While some of Khomeini's ideas have been branded as unorthodox by more traditional mujtahids, those of Muhammad Fadlallah of Lebanon have engendered even more controversy. This chapter shows how ...
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While some of Khomeini's ideas have been branded as unorthodox by more traditional mujtahids, those of Muhammad Fadlallah of Lebanon have engendered even more controversy. This chapter shows how Fadlallah differs from other fuqaha and how these differences might precipitate changes in the institution of the marjaʿ iya. Through his statements, and comparisons of these with the work of other jurists, it demonstrates how dramatically different Fadlallah's approach to social issues is from mainstream Shi'i thought, as put forward by the grand marja'. In reading these rulings, it should also be kept in mind that Fadlallah served as Khu'i's representative for twenty-five years.Less
While some of Khomeini's ideas have been branded as unorthodox by more traditional mujtahids, those of Muhammad Fadlallah of Lebanon have engendered even more controversy. This chapter shows how Fadlallah differs from other fuqaha and how these differences might precipitate changes in the institution of the marjaʿ iya. Through his statements, and comparisons of these with the work of other jurists, it demonstrates how dramatically different Fadlallah's approach to social issues is from mainstream Shi'i thought, as put forward by the grand marja'. In reading these rulings, it should also be kept in mind that Fadlallah served as Khu'i's representative for twenty-five years.
Richard Tuck
- Published in print:
- 2001
- Published Online:
- October 2011
- ISBN:
- 9780199248148
- eISBN:
- 9780191697715
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199248148.003.0004
- Subject:
- History, History of Ideas
Hobbes was the most clear-headed exponent of the new ideas, and the intellectual relationship between him and Grotius was much closer than many eighteenth-century writers were willing to admit, with ...
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Hobbes was the most clear-headed exponent of the new ideas, and the intellectual relationship between him and Grotius was much closer than many eighteenth-century writers were willing to admit, with the striking exception of Rousseau. This chapter demonstrates how Hobbes can be read in this way, and how his ideas grew in part out of an English debate about war and colonisation, in which Gentili was both intellectually and personally a commanding presence. Hobbes saw more deeply into the implications of the account of war among the humanist jurists and their successors, and in particular, into the consequences of the claim that fear, whether objectively justified or not, was a legitimate basis for aggressive war.Less
Hobbes was the most clear-headed exponent of the new ideas, and the intellectual relationship between him and Grotius was much closer than many eighteenth-century writers were willing to admit, with the striking exception of Rousseau. This chapter demonstrates how Hobbes can be read in this way, and how his ideas grew in part out of an English debate about war and colonisation, in which Gentili was both intellectually and personally a commanding presence. Hobbes saw more deeply into the implications of the account of war among the humanist jurists and their successors, and in particular, into the consequences of the claim that fear, whether objectively justified or not, was a legitimate basis for aggressive war.
Alexander Murray
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198207313
- eISBN:
- 9780191677625
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198207313.003.0009
- Subject:
- History, European Medieval History, Social History
This chapter aims to discover how medieval lawyers responded to the ancient written inheritance in law. It investigates the most familiar categories of medieval written law, canon and Roman, to see ...
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This chapter aims to discover how medieval lawyers responded to the ancient written inheritance in law. It investigates the most familiar categories of medieval written law, canon and Roman, to see how its practitioners treated their authoritative texts. Here, suicide was a special case, capable of illuminating the extremities of the intellectual history in which it lodged. It was well known to medievalists that while in many areas canon and Roman law fortified each other, there were a few notorious areas where the two could come into conflict, as in the political relations of pope and emperor, who were supposed to act in harmony, and did for much of the time, but could on occasion be in conflict. There were many other examples, yet nowhere, in theory, was the conflict of the two laws so necessary.Less
This chapter aims to discover how medieval lawyers responded to the ancient written inheritance in law. It investigates the most familiar categories of medieval written law, canon and Roman, to see how its practitioners treated their authoritative texts. Here, suicide was a special case, capable of illuminating the extremities of the intellectual history in which it lodged. It was well known to medievalists that while in many areas canon and Roman law fortified each other, there were a few notorious areas where the two could come into conflict, as in the political relations of pope and emperor, who were supposed to act in harmony, and did for much of the time, but could on occasion be in conflict. There were many other examples, yet nowhere, in theory, was the conflict of the two laws so necessary.
William M Gordon
- Published in print:
- 2007
- Published Online:
- September 2012
- ISBN:
- 9780748625161
- eISBN:
- 9780748671571
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748625161.003.0027
- Subject:
- Law, Legal History
This article re-assesses the view that the Roman jurists were particularly strong traditionalists as argued by Schulz and others but challenged by Nṏrr. Other explanations can be found for retention ...
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This article re-assesses the view that the Roman jurists were particularly strong traditionalists as argued by Schulz and others but challenged by Nṏrr. Other explanations can be found for retention of institutions and slow change in the law, such as the absence of easy procedures to make changes. Apparently static rules, such as the ceremony of mancipatio, may have been avoided in practice by the use of documents alleging performance of it. There is in any case a good deal to be said for gradual and considered change as opposed to rapid legislative change, an approach praised by Stair. The important point is to adhere to sound tradition but avoid being thirled to that tradition for its own sake.Less
This article re-assesses the view that the Roman jurists were particularly strong traditionalists as argued by Schulz and others but challenged by Nṏrr. Other explanations can be found for retention of institutions and slow change in the law, such as the absence of easy procedures to make changes. Apparently static rules, such as the ceremony of mancipatio, may have been avoided in practice by the use of documents alleging performance of it. There is in any case a good deal to be said for gradual and considered change as opposed to rapid legislative change, an approach praised by Stair. The important point is to adhere to sound tradition but avoid being thirled to that tradition for its own sake.
Colin MacKay
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199677344
- eISBN:
- 9780191758379
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199677344.003.0001
- Subject:
- Law, Philosophy of Law, Legal Profession and Ethics
This chapter presents a tribute given at Lord Rodger's memorial service held in St Giles' Cathedral, Edinburgh on 25 November 2011. Journalist and broadcaster Colin MacKay recalls the start of his ...
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This chapter presents a tribute given at Lord Rodger's memorial service held in St Giles' Cathedral, Edinburgh on 25 November 2011. Journalist and broadcaster Colin MacKay recalls the start of his lifelong friendship with Lord Rodger. He also describes Alan as very modest and moral person with a legendary work ethic and a mischievous sense of humour.Less
This chapter presents a tribute given at Lord Rodger's memorial service held in St Giles' Cathedral, Edinburgh on 25 November 2011. Journalist and broadcaster Colin MacKay recalls the start of his lifelong friendship with Lord Rodger. He also describes Alan as very modest and moral person with a legendary work ethic and a mischievous sense of humour.
Fergus Millar
- Published in print:
- 2002
- Published Online:
- January 2010
- ISBN:
- 9780198299905
- eISBN:
- 9780191707803
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299905.003.0005
- Subject:
- Classical Studies, Prose and Writers: Classical, Early, and Medieval
This chapter focuses on Ulpian and his contribution to juristic writing under the Severan emperors. Ulpian is immediately recognizable from his writings as an intellectual, an unmistakable academic ...
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This chapter focuses on Ulpian and his contribution to juristic writing under the Severan emperors. Ulpian is immediately recognizable from his writings as an intellectual, an unmistakable academic who researches and compares texts, pursues minutiae, analyses concepts, and develops explanations. Like many of his fellow-jurists, he also had a political career; indeed, he apparently exercised great power as praetorian prefect, and died as a result, killed in a mutiny of the praetorian guard.Less
This chapter focuses on Ulpian and his contribution to juristic writing under the Severan emperors. Ulpian is immediately recognizable from his writings as an intellectual, an unmistakable academic who researches and compares texts, pursues minutiae, analyses concepts, and develops explanations. Like many of his fellow-jurists, he also had a political career; indeed, he apparently exercised great power as praetorian prefect, and died as a result, killed in a mutiny of the praetorian guard.
William G. Wagner
- Published in print:
- 1994
- Published Online:
- October 2011
- ISBN:
- 9780198204473
- eISBN:
- 9780191676291
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198204473.003.0004
- Subject:
- History, European Modern History
This chapter discusses a moral and utilitarian critique of the patriarchal family, in that the family is to be defined as a union of individuals with individual rights and mutual obligations and not ...
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This chapter discusses a moral and utilitarian critique of the patriarchal family, in that the family is to be defined as a union of individuals with individual rights and mutual obligations and not bounded only by marital and parental authority. It also presents the ongoing changes in the affective family.Less
This chapter discusses a moral and utilitarian critique of the patriarchal family, in that the family is to be defined as a union of individuals with individual rights and mutual obligations and not bounded only by marital and parental authority. It also presents the ongoing changes in the affective family.
