Results by Library of Congress Code
Books near "Bankrupts and Usurers of Imperial Russia: Debt, Property, and the Law in the Age of Dostoevsky and Tolstoy", Library of Congress KLA1946.A96
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Hitler's Justice: The Courts of the Third Reich, with an introduction by Detlev Vagts
Ingo Müller
Harvard University Press, 1991
Library of Congress KK3655.M8513 1991 | Dewey Decimal 347.43
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The Constitutional Jurisprudence of the Federal Republic of Germany: Third edition, Revised and Expanded
Donald P. Kommers and Russell A. Miller
Duke University Press, 2012
Library of Congress KK4446.7.K66 2012 | Dewey Decimal 342.43
First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions. Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty.
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The Constitution of the Federal Republic of Germany
David P. Currie
University of Chicago Press, 1994
Library of Congress KK4450.C87 1994 | Dewey Decimal 342.43
A leading scholar of the constitution of the United States, David Currie, in this book turns his attention to one of the most important bodies of constitutional law in the world, the Basic Law of Germany. It is a comprehensive and accessible introduction to the study of the German constitution.
Beginning with an overview of the essential features of the Basic Law of Germany, Currie then elucidates those features by analyzing a number of decisions of the German Constitutional Court. Contrasting German constitutional law with the American model, Currie further illuminates the German system and provides an invaluable comparative perspective on American institutions, judicial methods, and constitutional principles.
The German constitutional court recently has become the object of international attention as it has grappled with controversies involving abortion, ratification of the Maastricht Treaty, and the reunification of East and West. Currie examines these issues and their impact on the German constitution.
An appendix includes (in English translation) the complete Basic Law for the Federal Republic of Germany of May 23, 1949 as amended to December 1, 1993.
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Constitutional Theory
Carl Schmitt
Duke University Press, 2008
Library of Congress KK4450.S3613 2008 | Dewey Decimal 342.43
Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.
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Popular Sovereignty and the Crisis of German Constitutional Law: The Theory and Practice of Weimar Constitutionalism
Peter C. Caldwell
Duke University Press, 1997
Library of Congress KK4710.C35 1997 | Dewey Decimal 342.43
Popular Sovereignty and the Crisis of German Constitutional Law is a historical analysis of competing doctrines of constitutional law during the Weimar Republic. It chronicles the creation of a new constitutional jurisprudence both adequate to the needs of a modern welfare state and based on the principle of popular sovereignty. Peter C. Caldwell explores the legal nature of democracy as debated by Weimar’s political theorists and constitutional lawyers. Laying the groundwork for questions about constitutional law in today’s Federal Republic, this book draws clear and insightful distinctions between strands of positivist and anti-positivist legal thought, and examines their implications for legal and political theory. Caldwell makes accessible the rich literature in German constitutional thought of the Weimar period, most of which has been unavailable in English until now. On the liberal left, Hugo Preuss and Hans Kelsen defended a concept of democracy that made the constitution sovereign and, in a way, created the "Volk" through constitutional procedure. On the right, Carl Schmitt argued for a substantial notion of the "Volk" that could overrule constitutional procedure in a state of emergency. Rudolf Smend and Heinrich Triepel located in the constitution a set of inviolable values of the political community, while Hermann Heller saw in it a guarantee of substantial social equality. Drawing on the work of these major players from the 1920s, Caldwell reveals the various facets of the impassioned constitutional struggles that permeated German legal and political culture during the Weimar Republic.
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Constitutional Failure: Carl Schmitt in Weimar
Ellen Kennedy
Duke University Press, 2004
Library of Congress KK4710.K46 2004 | Dewey Decimal 342.43029
Constitutional Failure is a major contribution to studies of the German political philosopher Carl Schmitt (1888–1985), the Weimar Republic, and the relationship of constitutionalism, political economy, and democracy. An internationally renowned scholar of Weimar legal theory, Ellen Kennedy brought Schmitt’s neglected work to the attention of English-speaking readers with her highly regarded translations of his work and studies of its place in twentieth-century political theory. In this eagerly awaited book, she tracks Schmitt’s contribution to the canon of Western political philosophy during its most difficult and dangerous moment—the time of Weimar Germany and the Third Reich—demonstrating the centrality of his thought to understandings of the modern constitutional state and its precarious economic and social foundations. Kennedy reveals how Schmitt’s argument for a strong but neutral state supported the maximization of market freedom at the cost of the political constitution. She argues that the major fault lines of Weimar liberalism—emergency powers, the courts as “defenders of the constitution,” mass mobilization of anti-liberal politics, ethnic-identity politics, a culture of resentment and contested legitimacy—are not exceptions within the liberal-democratic orders of the West, but central to them. Contending that Schmitt’s thought remains vital today because liberal norms are inadequate to the political challenges facing constitutional systems as diverse as those of Eastern Europe and the United States, Kennedy develops a compelling, rigorous argument that unsettles many assumptions about liberalism, democracy, and dictatorship.
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Legality and Legitimacy
Carl Schmitt
Duke University Press, 2004
Library of Congress KK4713.S3613 2004 | Dewey Decimal 340.11
Carl Schmitt ranks among the most original and controversial political thinkers of the twentieth century. His incisive criticisms of Enlightenment political thought and liberal political practice remain as shocking and significant today as when they first appeared in Weimar Germany. Unavailable in English until now, Legality and Legitimacy was composed in 1932, in the midst of the crisis that would lead to the collapse of the Weimar Republic and only a matter of months before Schmitt’s collaboration with the Nazis. In this important work, Schmitt questions the political viability of liberal constitutionalism, parliamentary government, and the rule of law. Liberal governments, he argues, cannot respond effectively to challenges by radical groups like the Nazis or Communists. Only a presidential regime subject to few, if any, practical limitations can ensure domestic security in a highly pluralistic society. Legality and Legitimacy is sure to provide a compelling reference point in contemporary debates over the challenges facing constitutional democracies today. In addition to Jeffrey Seitzer’s translation of the 1932 text itself, this volume contains his translation of Schmitt’s 1958 commentary on the work, extensive explanatory notes, and an appendix including selected articles of the Weimar constitution. John P. McCormick’s introduction places Legality and Legitimacy in its historical context, clarifies some of the intricacies of the argument, and ultimately contests Schmitt’s claims regarding the inherent weakness of parliamentarism, constitutionalism, and the rule of law.
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Constitutional Judiciary in a New Democracy: The Hungarian Constitutional Court
Laszlo Solyom and Georg Brunner, Editors
University of Michigan Press, 2000
Library of Congress KKF2066.52000 | Dewey Decimal 347.43901
Two in-depth essays and a selection of twenty-seven of the most important decisions present the Hungarian Constitutional Court as one of the most important actors of the transition into democracy in a post-communist country.
How was it possible that a new Court established in 1990, in a country just released from forty years of Communist rule, was able to enforce a Constitution, maintain the rule of law, and protect the freedom of its citizens in a way comparable to the U.S. Supreme Court? This new Court has issued decisions on topics ranging from the establishment of democracy and a market economy--privatization, compensation for the nationalization of property, and retroactive criminal legislation--as well as such issues as the constitutionality of capital punishment, abortion, freedom of speech and the media, and the separation of powers.
U.S. Supreme Court Justice Stephen Breyer provides the foreword and introduces the two essays that begin the book. In the first essay, Georg Brunner explains how the Court was set up and what its procedures are. In the second, Lázszló Sólyom describes systematically the emergence of the case-law of the Court and its jurisprudence on constitutional rights and on the powers and procedures of the other branches of government. The models followed by the Court are outlined, and its contribution to global constitutionalism explored.
Lázszló Sólyom is President of the Constitutional Court of Hungary and Professor of Law, ELTE University of Budapest. Georg Brunner is Professor of Law, University of Cologne, Germany.
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Laws of Early Iceland: Gragas II
Andrew Dennis
University of Manitoba Press, 2000
Library of Congress KKG12.G73 1980 | Dewey Decimal 348.4912023
The laws of Mediaeval Iceland provide detailed and fascinating insight into the society that produced the Icelandic sagas. Known collectively as Gragas (Greygoose), this great legal code offers a wealth of information about early European legal systems and the society of the Middles Ages. This first translation of Gragas is in two volumes.
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Bloodtaking and Peacemaking: Feud, Law, and Society in Saga Iceland
William Ian Miller
University of Chicago Press, 1990
Library of Congress KKG12.M55 1990 | Dewey Decimal 306.250949120902
Dubbed by the New York Times as "one of the most sought-after legal academics in the county," William Ian Miller presents the arcane worlds of the Old Norse studies in a way sure to attract the interest of a wide range of readers. Bloodtaking and Peacemaking delves beneath the chaos and brutality of the Norse world to discover a complex interplay of ordering and disordering impulses. Miller's unique and engaging readings of ancient Iceland's sagas and extensive legal code reconstruct and illuminate the society that produced them.
People in the saga world negotiated a maze of violent possibility, with strategies that frequently put life and limb in the balance. But there was a paradox in striking the balance—one could not get even without going one better. Miller shows how blood vengeance, law, and peacemaking were inextricably bound together in the feuding process.
This book offers fascinating insights into the politics of a stateless society, its methods of social control, and the role that a uniquely sophisticated and self-conscious law played in the construction of Icelandic society.
"Illuminating."—Rory McTurk, Times Literary Supplement
"An impressive achievement in ethnohistory; it is an amalgam of historical research with legal and anthropological interpretation. What is more, and rarer, is that it is a pleasure to read due to the inclusion of narrative case material from the sagas themselves."—Dan Bauer, Journal of Interdisciplinary History
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Ruling Culture: Art Police, Tomb Robbers, and the Rise of Cultural Power in Italy
Fiona Greenland
University of Chicago Press, 2021
Library of Congress KKH3183.G737 2021 | Dewey Decimal 364.162870945
Through much of its history, Italy was Europe’s heart of the arts, an artistic playground for foreign elites and powers who bought, sold, and sometimes plundered countless artworks and antiquities. This loss of artifacts looted by other nations once put Italy at an economic and political disadvantage compared with northern European states. Now, more than any other country, Italy asserts control over its cultural heritage through a famously effective art-crime squad that has been the inspiration of novels, movies, and tv shows. In its efforts to bring their cultural artifacts home, Italy has entered into legal battles against some of the world’s major museums, including the Getty, New York’s Metropolitan Museum, and the Louvre. It has turned heritage into patrimony capital—a powerful and controversial convergence of art, money, and politics.
In 2006, the then-president of Italy declared his country to be “the world’s greatest cultural power.” With Ruling Culture, Fiona Greenland traces how Italy came to wield such extensive legal authority, global power, and cultural influence—from the nineteenth century unification of Italy and the passage of novel heritage laws, to current battles with the international art market. Today, Italy’s belief in its cultural superiority is evident through interactions between citizens, material culture, and the state—crystallized in the Art Squad, the highly visible military-police art protection unit. Greenland reveals the contemporary actors in this tale, taking a close look at the Art Squad and state archaeologists on one side and unauthorized excavators, thieves, and smugglers on the other. Drawing on years in Italy interviewing key figures and following leads, Greenland presents a multifaceted story of art crime, cultural diplomacy, and struggles between international powers.
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Medieval Public Justice
Massimo Vallerani
Catholic University of America Press, 2012
Library of Congress KKH4610.V3513 2012 | Dewey Decimal 345.4505
In a series of essays based on surviving documents of actual court practices from Perugia and Bologna, as well as laws, statutes, and theoretical works from the 12th and 13th centuries, Massimo Vallerani offers important historical insights into the establishment of a trial-based public justice system.
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Law, Family, and Women: Toward a Legal Anthropology of Renaissance Italy
Thomas Kuehn
University of Chicago Press, 1991
Library of Congress KKH5601.15.K84 1991 | Dewey Decimal 349.4551
Focusing on Florence, Thomas Kuehn demonstrates the formative
influence of law on Italian society during the Renaissance,
especially in the spheres of family and women. Kuehn's use
of legal sources along with letters, diaries, and
contemporary accounts allows him to present a compelling
image of the social processes that affected the shape and
function of the law.
The numerous law courts of Italian city-states
constantly devised and revised statutes. Kuehn traces the
permutations of these laws, then examines their use by
Florentines to arbitrate conflict and regulate social
behavior regarding such issues as kinship, marriage,
business, inheritance, illlegitimacy, and gender. Ranging
from one man's embittered denunciation of his father to
another's reaction to his kinsmen's rejection of him as
illegitimate, Law, Family, and Women provides
fascinating evidence of the tensions riddling family life in
Renaissance Florence. Kuehn shows how these same tensions,
often articulated in and through the law, affected women. He
examines the role of the mundualdus—a male legal guardian
for women—in Florence, the control of fathers over their
married daughters, and issues of inheritance by and through
women. An ambitious attempt to reformulate the agenda of
Renaissance social history, Kuehn's work will be of value to
both legal anthropologists and social historians.
Thomas Kuehn is professor of history at Clemson
University.
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Papal Justice: Subjects and Courts in the Papal State, 1500-1750
Irene Fosi
Catholic University of America Press, 2011
Library of Congress KKH6743.4.P65 2011 | Dewey Decimal 347.456
This lively overview of the papal justice system reaches a transatlantic readership and makes available the fruit of Fosi's decades-long research in unpublished archives in Rome and the Vatican.
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Illegitimacy in Renaissance Florence
Thomas Kuehn
University of Michigan Press, 2002
Library of Congress KKH9851.13.K84 2001 | Dewey Decimal 346.4551017
As far back as Jacob Burckhardt, illegitimate children have been considered advantaged, insofar as they lacked family obligations. Celebrated Renaissance figures such as Petrarch, Boccaccio, Alberti, and da Vinci were born illegitimately. Of course, their status put these children at a legal and a social disadvantage that was nearly impossible to overcome in usual circumstances. Illegitimacy in Renaissance Florence is the first systematic study of a population of illegitimate children--in this case in the city often seen at the heart of Renaissance politics and culture, Florence.
The Florentine catasto, a fiscal survey of households taken at several points in the fifteenth century, locates hundreds of illegitimate children and reveals a great deal about their household circumstances and parentage. Supplementing this information are notarial documents and family account books. Illegitimacy in Renaissance Florence places Florentine illegitimate children in a complete legal context, culminating in examination of several Florentine legal cases. Thomas Kuehn shows how lawyers were called on to cope with and make legal sense of the actions and prejudices of Florentines toward their illegitimate kin.
It is clear, in its simplest terms, that illegitimacy in Florence was a permanent, if not fixed, status. Most illegitimate children, especially girls, were abandoned; infanticide was undoubtedly practiced. But even those children raised by benevolent fathers and granted legitimation always remained "legitimatus" and not "legitimus." Florentines whose illegitimate paternity was admitted were overwhelmingly born of elite fathers but poor or servile mothers. In neither social nor legal terms did the illegitimate share fully in the personhood of the legitimate adult male Florentine citizen. Still, ambiguities of status could be useful for those with sufficient wealth and social standing to exploit their potential.
Illegitimacy in Renaissance Florence will appeal to social historians of Europe, medieval and early modern, especially those concerned with family life, women, and children, as well as all those interested in Florentine history. Legal historians will find it useful as well.
Thomas Kuehn is Professor of History, Clemson University.
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Cultural Policy in the Polder: 25 Years Dutch Cultural Policy Act
Edwin van Meerkerk
Amsterdam University Press, 2018
Library of Congress KKM3137.7.A311993C85 2018
At the occasion of the 25 anniversary of the Dutch Cultural Policy Act, Dutch academics in cultural policy research have compiled a volume to commemorate the quarter century in which Dutch cultural policy has developed and analyse the key debates in Dutch cultural policy for the coming years.Historically, central public authority in the Netherlands has been problematic. The country's origin as a confederation of seven independent republics, has had effect in the sense that government usually works 'bottom up'. As a result the Netherlands has relatively few national cultural institutions when compared to other countries. Moreover, the national media never have been linked to the nation state. It is therefore surprising that the nation's cultural policy can be described as a national system in which the nation state sets the agenda rather than cities and regions.
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Sinners on Trial: Jews and Sacrilege after the Reformation
Magda Teter
Harvard University Press, 2011
Library of Congress KKP206.T48 2011 | Dewey Decimal 364.18809438
In post-Reformation Poland—the largest state in Europe and home to the largest Jewish population in the world—the Catholic Church suffered profound anxiety about its power after the Protestant threat. Magda Teter reveals how criminal law became a key tool in the manipulation of the meaning of the sacred and in the effort to legitimize Church authority. The mishandling of sacred symbols was transformed from a sin that could be absolved into a crime that resulted in harsh sentences of mutilation, hanging, decapitation, and, principally, burning at the stake.
Teter casts new light on the most infamous type of sacrilege, the accusation against Jews for desecrating the eucharistic wafer. These sacrilege trials were part of a broader struggle over the meaning of the sacred and of sacred space at a time of religious and political uncertainty, with the eucharist at its center. But host desecration—defined in the law as sacrilege—went beyond anti-Jewish hatred to reflect Catholic-Protestant conflict, changing conditions of ecclesiastic authority and jurisdiction, and competition in the economic marketplace.
Recounting dramatic stories of torture, trial, and punishment, this is the first book to consider the sacrilege accusations of the early modern period within the broader context of politics and common crime. Teter draws on previously unexamined trial records to bring out the real-life relationships among Catholics, Jews, and Protestants and challenges the commonly held view that following the Reformation, Poland was a “state without stakes”—uniquely a country without religious persecution.
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Good Faith and Truthful Ignorance: A Case of Transatlantic Bigamy
Alexandra Parma Cook and Noble David Cook
Duke University Press, 1991
Library of Congress KKT174.N64C66 1992
Good Faith and Truthful Ignorance uncovers from history the fascinating and strange story of Spanish explorer Francisco Noguerol de Ulloa. in 1556, accompanied by his second wife, Francisco returned to his home in Spain after a profitable twenty-year sojourn in the new world of Peru. However, unlike most other rich conquistadores who returned to the land of their birth, Francisco was not allowed to settle into a life of leisure. Instead, he was charged with bigamy and illegal shipment of silver, was arrested and imprisoned. Francisco’s first wife (thought long dead) had filed suit in Spain against her renegade husband. So begins the labyrinthine legal tale and engrossing drama of an explorer and his two wives, skillfully reconstructed through the expert and original archival research of Alexandra Parma Cook and Noble David Cook. Drawing on the remarkable records from the trial, the narrative of Francisco’s adventures provides a window into daily life in sixteenth-century Spain, as well as the mentalité and experience of conquest and settlement of the New World. Told from the point of view of the conquerors, Francisco’s story reveals not only the lives of the middle class and minor nobility but also much about those at the lower rungs of the social order and relations between the sexes. In the tradition of Carlo Ginzberg’s The Cheese and the Worms and Natalie Zemon Davis’ The Return of Martin Guerre, Good Faith and Truthful Ignorance illuminates an historical period—the world of sixteenth-century Spain and Peru—through the wonderful and unusual story of one man and his two wives.
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Unfit For Marriage: Impotent Spouses On Trial In The Basque Region Of Spain, 1650-1750
Edward J. Behrend-Martinez
University of Nevada Press, 2014
Library of Congress KKT555.B44 2007 | Dewey Decimal 262.92
The Catholic Church of early modern Europe intended the sacrament of matrimony to represent a lifelong commitment, and it allowed few grounds for the dissolution of an unhappy marriage. One was nonconsummation owing to the sexual impotency of one of the partners. Even then, an annulment was granted only after a church court had conducted a lengthy investigation of the case, soliciting testimony from numerous witnesses as well as from the aggrieved couple, and had subjected the allegedly impotent spouse (and sometimes both spouses) to an intimate physical examination.
Edward J. Behrend-Martinez has studied the transcripts of eighty-three impotency trials conducted by the ecclesiastical court of Calahorra (La Rioja), a Spanish diocese with urban and rural parishes, both Basque and Castilian. From these records, he draws a detailed, fascinating portrait of private life and public sexuality in early modern Europe. These trials were far more than a salacious inquiry into the intimate details of other people’s lives. The church valued marital sex as a cornerstone of stable society, intended not only for procreation but also for maintaining domestic harmony. Every couple’s sex life, however private in practice or intention, was a matter of public and ecclesiastical concern.
Unfit for Marriage offers vivid accounts of marital sex and the role that property, gender, and personal preference played in marriage in early modern Europe. It is essential reading for anyone interested in social history, sexuality, gender studies, canon law, legal history, and the history of divorce in western Europe.
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Spain at the Crossroads: Civil Society, Politics, and the Rule of Law
Víctor Pérez-Díaz
Harvard University Press, 1999
Library of Congress KKT2020.P4713 1999 | Dewey Decimal 320.94609049
This book explores the trials of Spanish democracy from the death of Franco to the present. But the heart of the story is the generation that came of age in the 1960s, assumed political power, and formed the first Socialist government in 1982 with Felipe González as Prime Minister, which was returned to power in four consecutive elections. Starting in 1993, however, the government came under siege. High officials were accused of authorizing the assassination of as many as twenty-eight Basque nationalists suspected of terrorism over the years, and of covering up these crimes. This scandal, along with other disclosures of corruption and serious law-breaking, shook the country's confidence in its legal and political institutions and in its ability to hold its leaders to the rule of law.
The author probes for the roots of these events in the character of the generation that assumed power and in the immature nature of the civil society it inherited. Facing unusually high unemployment, internal economic and social pressures, the stringent requirements for joining the European Union, and the demands of Catalan and Basque nationalists, the government lost its way and was eventually voted out of office.
Using Spain as the example, the book examines issues of governance, social change, and internal nationalist movements as they relate to the civil society and the wider polity everywhere.
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Neo-Babylonian Trial Records
Shalom E. Holtz
SBL Press, 2014
Library of Congress KL707.H65 2014 | Dewey Decimal 347.35507
New translations of fifty transliterated texts for research and classroom use
This collection of sixth-century B.C.E. Mesopotamian texts provides a close-up, often dramatic, view of ancient courtroom encounters shedding light on Neo-Babylonian legal culture and daily life. In addition to the legal texts, Holtz provides an introduction to Neo-Babylonian social history, archival records, and legal materials. This is an essential resource for scholars interested in the history of law.
Features
- Fifty new English translations
- Transliterations for use in advanced Akkadian courses
- Background essays perfect for courses dealing with ancient Near Eastern history and law
- Explanatory essays preceding each text and its translation
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Ancient Greek Law in the 21st Century
Edited by Paula Perlman
University of Texas Press, 2018
Library of Congress KL4106.5.G74 2011 | Dewey Decimal 340.538
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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Disputes and Democracy: The Consequences of Litigation in Ancient Athens
By Steven Johnstone
University of Texas Press, 1999
Library of Congress KL4115.A75J64 1999 | Dewey Decimal 340.5385
Athenians performed democracy daily in their law courts. Without lawyers or judges, private citizens, acting as accusers and defendants, argued their own cases directly to juries composed typically of 201 to 501 jurors, who voted on a verdict without deliberation. This legal system strengthened and perpetuated democracy as Athenians understood it, for it emphasized the ideological equality of all (male) citizens and the hierarchy that placed them above women, children, and slaves.
This study uses Athenian court speeches to trace the consequences for both disputants and society of individuals' decisions to turn their quarrels into legal cases. Steven Johnstone describes the rhetorical strategies that prosecutors and defendants used to persuade juries and shows how these strategies reveal both the problems and the possibilities of language in the Athenian courts. He argues that Athenian "law" had no objective existence outside the courts and was, therefore, itself inherently rhetorical. This daring new interpretation advances an understanding of Athenian democracy that is not narrowly political, but rather links power to the practices of a particular institution.
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The Law of Ancient Athens
David D. Phillips
University of Michigan Press, 2013
Library of Congress KL4115.A75P45 2013 | Dewey Decimal 340.5385
The Law of Ancient Athens contains the principal literary and epigraphical sources, in English, for Athenian law in the Archaic and Classical periods, from the first known historical trial (late seventh century) to the fall of the democracy in 322 BCE.
This accessible and important volume is designed for teachers, students, and general readers interested in the ancient Greek world, the history of law, and the history of democracy, an Athenian invention during this period. Offering a comprehensive treatment of Athenian law, it assumes no prior knowledge of the subject and is organized in user-friendly fashion, progressing from the person to the family to property and obligations to the gods and to the state. David D. Phillips has translated all sources into English, and he has added significant introductory and explanatory material.
Topics covered in the book include homicide and wounding; theft; marriage, children, and inheritance; citizenship; contracts and commerce; impiety; treason and other offenses against the state; and sexual offenses including rape and prostitution. The volume’s unique feature is its presentation of the actual primary sources for Athenian laws, with many key or disputed terms rendered in transliterated Greek. The translated sources, together with the topical introductions, notes, and references, will facilitate both research in the field and the teaching of increasingly popular courses on Athenian law and law in the ancient world.
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Ancient Law, Ancient Society
Dennis P. Kehoe and Thomas A. J. McGinn, editors
University of Michigan Press, 2017
Library of Congress KL4121.A45 2017 | Dewey Decimal 340.538
The essays composing Ancient Law, Ancient Society examine the law in classical antiquity both as a product of the society in which it developed and as one of the most important forces shaping that society. Contributors to this volume consider the law via innovative methodological approaches and theoretical perspectives—in particular, those drawn from the new institutional economics and the intersection of law and economics.
Essays cover topics such as using collective sanctions to enforce legal norms; the Greek elite’s marriage strategies for amassing financial resources essential for a public career; defenses against murder charges under Athenian criminal law, particularly in cases where the victim put his own life in peril; the interplay between Roman law and provincial institutions in regulating water rights; the Severan-age Greek author Aelian’s notions of justice and their influence on late-classical Roman jurisprudence; Roman jurists’ approach to the contract of mandate in balancing the changing needs of society against respect for upper-class concepts of duty and reciprocity; whether the Roman legal authorities developed the law exclusively to serve the Roman elite’s interests or to meet the needs of the Roman Empire’s broader population as well; and an analysis of the Senatus Consultum Claudianum in the Code of Justinian demonstrating how the late Roman government adapted classical law to address marriage between free women and men classified as coloni bound to their land.
In addition to volume editors Dennis P. Kehoe and Thomas A. J. McGinn, contributors include Adriaan Lanni, Michael Leese, David Phillips, Cynthia Bannon, Lauren Caldwell, Charles Pazdernik, and Clifford Ando.
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Isaeus
Translated with an introduction by Michael Edwards
University of Texas Press, 2007
Library of Congress KL4196.I8313 2007 | Dewey Decimal 346.38052
This is the eleventh volume in the Oratory of Classical Greece. This series presents all of the surviving speeches from the late fifth and fourth centuries BC in new translations prepared by classical scholars who are at the forefront of the discipline. These translations are especially designed for the needs and interests of today’s undergraduates, Greekless scholars in other disciplines, and the general public. Classical oratory is an invaluable resource for the study of ancient Greek life and culture. The speeches offer evidence on Greek moral views, social and economic conditions, political and social ideology, law and legal procedure, and other aspects of Athenian culture that have recently been attracting particular interest: women and family life, slavery, and religion, to name just a few. The orator Isaeus lived during the fourth century BC and was said to be the teacher of Demosthenes, Athens’ most famous orator. Of the fifty or more speeches he is believed to have written, eleven survive in whole, one as a large fragment, and others as smaller fragments. This volume presents all the surviving works of Isaeus. The speeches mainly deal with inheritances and are a vital source of information regarding Greek law in this important area. In addition to translating the speeches, Michael Edwards provides a general introduction to Isaeus and Athenian inheritance law, as well as specific introductions and notes for each speech.
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Genos Dikanikon: Amateur and Professional Speech in the Courtrooms of Classical Athens
Victor Bers
Harvard University Press, 2009
Library of Congress KL4345.B47 2009 | Dewey Decimal 347.385075
Under the Athenian democracy, litigants were expected to speak for themselves, though they could memorize a speech written for them. The texts of about one hundred judicial speeches of the genos dikanikon (the forensic genre) have survived, all attributed to Demosthenes or another of the ten writers of canonical status. These professionals wrote either for themselves or members of a small elite. Victor Bers argues that men too poor to afford a professionally written speech frequently spoke before judicial bodies in procedures crucial to their status, wealth, or even their lives, and that these amateur performances often manifested an unmanly yielding to emotions of anger or fear; professional speech, Bers seeks to demonstrate, was to a large degree crafted in reaction to amateur stumbling.
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The Justice of the Greeks
Raphael Sealey
University of Michigan Press, 1994
Library of Congress KL4345.S43 1994 | Dewey Decimal 340.538
Among the most distinguished scholars of ancient Greek law writing today, Raphael Sealey in his newest book examines the Greek contribution to the concept of justice. The Justice of the Greeks considers a series of themes inherent in or characteristic of Greek law, and it illuminates the fundamental difference between Greek law and other legal systems both ancient and modern.
The introductory chapter surveys theories of law and maintains that every system of law is characterized by distinctive principles, concepts, and aims. The process of issuing laws in writing led the Greeks to regard laws as discrete things, whereas modern thought--drawing on the Roman practice of argument by analogy--assumes that law is a continuum. The Justice of the Greeks also considers ancient codes of written law, Greek distinctions of personal status, and the development of procedures for the peaceful settlement of disputes.
The Justice of the Greeks is directed toward people versed in the history and literature of Classical Greece. It aspires to bring the study of Greek law out of isolation, and to reveal its place in the main current of legal development. Scholars of comparative law, as well as classicists and legal historians, will find much of interest in this unusual book.
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Democratic Law in Classical Athens
By Michael Gagarin
University of Texas Press, 2020
Library of Congress KL4358.G34 2020 | Dewey Decimal 340.5385
The democratic legal system created by the Athenians was completely controlled by ordinary citizens, with no judges, lawyers, or jurists involved. It placed great importance on the litigants’ rhetorical performances. Did this make it nothing more than a rhetorical contest judged by largely uneducated citizens that had nothing to do with law, a criticism that some, including Plato, have made?
Michael Gagarin argues to the contrary, contending that the Athenians both controlled litigants’ performances and incorporated many other unusual features into their legal system, including rules for interrogating slaves and swearing an oath. The Athenians, Gagarin shows, adhered to the law as they understood it, which was a set of principles more flexible than our current understanding allows. The Athenians also insisted that their legal system serve the ends of justice and benefit the city and its people. In this way, the law ultimately satisfied most Athenians and probably produced just results as often as modern legal systems do. Comprehensive and wide-ranging, Democratic Law in Classical Athens offers a new perspective for viewing a legal system that was democratic in a way only the Athenians could achieve.
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Hallowed Stewards: Solon and the Sacred Treasurers of Ancient Athens
William S. Bubelis
University of Michigan Press, 2016
Library of Congress KL4378.B83 2014 | Dewey Decimal 938.5
Students of ancient Athenian politics, governance, and religion have long stumbled over the rich evidence of inscriptions and literary texts that document the Athenians’ stewardship of the wealth of the gods. Likewise, Athens was well known for devoting public energy and funds to all matters of ritual, ranging from the building of temples to major religious sacrifices. Yet, lacking any adequate account of how the Athenians organized that commitment, much less how it arose and developed, ancient historians and philologists alike have labored with only a paltry understanding of what was a central concern to the Athenians themselves. That deficit of knowledge, in turn, has constrained and diminished our grasp of other essential questions surrounding Athenian society and its history, such as the nature of political life in archaic Athens, and the forces underlying Athens’ imperial finances.
Hallowed Stewards closely examines those magistracies that were central to Athenian religious efforts, and which are best described as “sacred treasurers.” Given the extensive but fragmentary evidence available to us, which consists mainly of inscriptions but includes such texts as the ps.-Aristotelian Constitution of the Athenians, no catalog-like approach to these offices could properly encompass their details, much less their wider significance. By situating the sacred treasurers within a broader religious and historical framework, Hallowed Stewards not only provides an incisive portrait of the treasurers themselves but also elucidates how sacred property and public finance alike developed in ancient Athens.
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Law and Transaction Costs in the Ancient Economy
Dennis P. Kehoe, David M. Ratzan, and Uri Yiftach, editors
University of Michigan Press, 2015
Library of Congress KL8022.5.L44 2015 | Dewey Decimal 340.53
Transaction costs (TC) are the “friction” in an economic system, and their analysis is vital to understanding institutional design and economic performance. Law and Transaction Costs in the Ancient Economy is the first volume to collect specific studies from a transaction cost perspective. The volume offers models of this new way of looking at ancient evidence, and suggests ways in which traditional subject areas might inform problems in contemporary economics and legal studies.
After the editors’ methodological introduction, the contributors investigate the roles and effects of transaction costs in fourth-century Athens, Ptolemaic Egypt, the Roman Empire, and late antiquity, on the basis of legal texts, papyri, and inscriptions. Collected here are some of the leading voices on TC analysis in ancient history, as well as established scholars, including several who do not usually publish in English: Alain Bresson, Giuseppe Dari-Mattiacci, Rudolf Haensch, Dennis Kehoe, François Lerouxel, J. G. Manning, Brian Muhs, Josiah Ober, David M. Ratzan, Gerhard Thür, and Uri Yiftach.
This volume will speak to those who identify with traditional subject areas, like epigraphy or Greek law, and will also demonstrate the value of experimenting with this new way of looking at ancient evidence.
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Trying to Make Law Matter: Legal Reform and Labor Law in the Soviet Union
Kathryn Hendley
University of Michigan Press, 1996
Library of Congress KLA1304.H46 1996 | Dewey Decimal 344.47012596
One of the most pressing issues of our time is the possibility of rebuilding the rule of law in former Leninist countries as a part of the transition to a market democracy. Despite formal changes in legislation and an increased attention to law in the rhetoric of policymakers, instituionalization of the rule of law has proven to be an immensely difficult challenge. Leninist regimes destroyed popular faith in law and legal institutions and, like other transitional regimes, contemporary post-communist Russia lacks the necessary institutional infrastructure to facilitate the growth of the rule of law.
Trying to Make Law Matter provides unique insight into the possibility of creating the rule of law. It is based on Kathryn Hendley's pathbreaking field research into the actual practices of Russian trial courts, lawyers, factory managers, and labor unions, contrasting the idealistic legal pronouncements of workers' rights during the Gorbachev era with tawdry reality of inadequate courts and dispirited workers.
Hendley frames her study of Russian law in action with a lively theoretical analysis of the fundamental prerequisites of the rule of law not only as a set of ideals but as a legal system that rests on the participation of rights-bearing citizens. This work will appeal to law, political science, and sociology scholars as well as area specialists and those who study transitions to market democracy.
Kathryn Hendley is Professor, Law and Political Science, University of Wisconsin, Madison.
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Bankrupts and Usurers of Imperial Russia: Debt, Property, and the Law in the Age of Dostoevsky and Tolstoy
Sergei Antonov
Harvard University Press, 2016
Library of Congress KLA1946.A96 2016 | Dewey Decimal 346.4707709034
As readers of classic Russian literature know, the nineteenth century was a time of pervasive financial anxiety. With incomes erratic and banks inadequate, Russians of all social castes were deeply enmeshed in networks of credit and debt. The necessity of borrowing and lending shaped perceptions of material and moral worth, as well as notions of social respectability and personal responsibility. Credit and debt were defining features of imperial Russia’s culture of property ownership. Sergei Antonov recreates this vanished world of borrowers, bankrupts, lenders, and loan sharks in imperial Russia from the reign of Nicholas I to the period of great social and political reforms of the 1860s.
Poring over a trove of previously unexamined records, Antonov gleans insights into the experiences of ordinary Russians, rich and poor, and shows how Russia’s informal but sprawling credit system helped cement connections among property owners across socioeconomic lines. Individuals of varying rank and wealth commonly borrowed from one another. Without a firm legal basis for formalizing debt relationships, obtaining a loan often hinged on subjective perceptions of trustworthiness and reputation. Even after joint-stock banks appeared in Russia in the 1860s, credit continued to operate through vast networks linked by word of mouth, as well as ties of kinship and community. Disputes over debt were common, and Bankrupts and Usurers of Imperial Russia offers close readings of legal cases to argue that Russian courts—usually thought to be underdeveloped in this era—provided an effective forum for defining and protecting private property interests.
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Asian Legal Revivals: Lawyers in the Shadow of Empire
Yves Dezalay and Bryant G. Garth
University of Chicago Press, 2010
Library of Congress KM50.A853 2010 | Dewey Decimal 340.0235
More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia.
Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences—and in considering how those experiences have laid the foundation for those societies’ legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the profession’s recent revival of influence, as spurred on by American geopolitical and legal interests.
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One Word - Yak Kaleme: 19th Century Persian Treatise Introducing Western Codified Law
Sen McGlinn
Amsterdam University Press, 2010
Library of Congress KMH2050.M8713 2010
One Word – Yak Kaleme was one of the first treatises in the Middle East to demonstrate that Islam is compatible with the introduction of modern western forms of government, and specifically that the principles of the sharia can be incorporated in a codified law comparable to that found in European countries. This was a daring argument in the late 19th century, when it was extremely difficult to convince the rulers and religious class that a civil code of law was needed: would it not diminish the status of the ruler, and would it not be an admission that the religious law, the sharia, was deficient?
The author, Mirza Yu¯suf Kha¯n Mustashar al-Dawla (d. 1895), was a liberal-minded bureaucrat campaigning for reform of the absolutist system and the creation of one based on European principles of government. He held several posts abroad including St Petersburg (1854-62), and Paris (1867-71), as well as carrying out administrative duties in Iran itself.
In One Word he argues that the principles underlying constitutional government can be found in Islamic sources, particularly in the Quran and traditions of the Prophet. Unlike some Oriental travellers to Europe at that time, he observed that European dominance was not derived from a few technological advances, but primarily from the organisation of society, on the basis of codified law. One Word was a significant text in the lead-up to the Iranian Constitutional Revolution of 1906, but its message is relevant today.
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Negotiating in Civil Conflict: Constitutional Construction and Imperfect Bargaining in Iraq
Haider Ala Hamoudi
University of Chicago Press, 2013
Library of Congress KMJ2220.H36 2013 | Dewey Decimal 342.567029
In 2005, Iraq drafted its first constitution and held the country’s first democratic election in more than fifty years. Even under ideal conditions, drafting a constitution can be a prolonged process marked by contentious debate, and conditions in Iraq are far from ideal: Iraq has long been racked by ethnic and sectarian conflict, which intensified following the American invasion and continues today. This severe division, which often erupted into violence, would not seem to bode well for the fate of democracy. So how is it that Iraq was able to surmount its sectarianism to draft a constitution that speaks to the conflicting and largely incompatible ideological view of the Sunnis, Shi’ah, and Kurds?
Haider Ala Hamoudi served in 2009 as an adviser to Iraq’s Constitutional Review Committee, and he argues here that the terms of the Iraqi Constitution are sufficiently capacious to be interpreted in a variety of ways, allowing it to appeal to the country’s three main sects despite their deep disagreements. While some say that this ambiguity avoids the challenging compromises that ultimately must be made if the state is to survive, Hamoudi maintains that to force these compromises on issues of central importance to ethnic and sectarian identity would almost certainly result in the imposition of one group’s views on the others. Drawing on the original negotiating documents, he shows that this feature of the Constitution was not an act of evasion, as is sometimes thought, but a mark of its drafters’ awareness in recognizing the need to permit the groups the time necessary to develop their own methods of working with one another over time.
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Transformative Justice: Israeli Identity on Trial
Leora Bilsky
University of Michigan Press, 2004
Library of Congress KMK40.P64B55 2004 | Dewey Decimal 345.56940231
Can Israel be both Jewish and democratic?
Transformative Justice, Leora Bilsky's landmark study of Israeli political trials, poses this deceptively simple question. The four trials that she analyzes focus on identity, the nature of pluralism, human rights, and the rule of law-issues whose importance extends far beyond Israel's borders. Drawing on the latest work in philosophy, law, history, and rhetoric, Bilsky exposes the many narratives that compete in a political trial and demonstrates how Israel's history of social and ideological conflicts in the courtroom offers us a rare opportunity to understand the meaning of political trials. The result is a bold new perspective on the politics of justice and its complex relationship to the values of liberalism.
Leora Bilsky is Professor of Law, Tel Aviv University.
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Communities and Law: Politics and Cultures of Legal Identities
Gad Barzilai
University of Michigan Press, 2005
Library of Congress KMK68.B37 2003 | Dewey Decimal 340.115095694
Communities and Law looks at minorities, or nonruling communities, and their identity practices under state domination in the midst of globalization. It examines six sociopolitical dimensions of community--nationality, social stratification, gender, religion, ethnicity, and legal consciousness--within the communitarian context and through their respective legal cultures.
Gad Barzilai addresses such questions as: What is a communal legal culture, and what is its relevance for relations between state and society in the midst of globalization? How do nonliberal communal legal cultures interact with transnational American-led liberalism? Is current liberalism, with its emphasis on individual rights, litigation, and adjudication, sufficient to protect pluralism and multiculturalism? Why should democracies encourage the collective rights of nonruling communities and protect nonliberal communal cultures in principle and in practice? He looks at Arab-Palestinians, feminists, and ultra-Orthodox Jews in Israel as examples of the types of communities discussed. Communities and Law contributes to our understanding of the severe tensions between democracies, on the one hand, and the challenge of their minority communities, on the other, and suggests a path toward resolving the resulting critical issues.
Gad Barzilai is Professor of Political Science and Law and Co-Director of the Law, Politics and Society Program, Department of Political Science, Tel Aviv University.
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Marriage and Divorce in the Jewish State: Israel's Civil War
Susan M. Weiss and Netty C. Gross-Horowitz
Brandeis University Press, 2012
Library of Congress KMK577.W45 2013 | Dewey Decimal 346.56940166
Israel currently has two recognized systems of law operating side by side: civil and religious. Israeli religious courts possess the exclusive right to conduct and terminate marriages. There is no civil marriage or divorce in Israel, irrespective of one’s religious inclinations. All Muslims must marry and divorce in accordance with shariya laws, all Catholics in accordance with canon law, and all Jews in accordance with Torah law (halakha). The interpretation and implementation of Torah law is in the hands of the Orthodox religious establishment, the only stream of Judaism that enjoys legal recognition in Israel. The rabbinic courts strenuously oppose any changes to this so-called status quo arrangement between religious and secular authorities. In fact, religious courts in Israel are currently pressing for expanded jurisdiction beyond personal status, stressing their importance to Israel’s growing religious community. This book shows how religious courts, based on centuries-old patriarchal law, undermine the full civil and human rights of Jewish women in Israel. Making a broad argument for civil marriage and divorce in Israel, the authors also emphasize that religious marriages and divorces, when they do occur, must benefit from legislation that makes divorce easier to obtain. Making this issue their focal point, they speak to a larger question: Is Israel a democracy or a theocracy?
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Outlawed Pigs: Law, Religion, and Culture in Israel
Daphne Barak-Erez
University of Wisconsin Press, 2007
Library of Congress KMK1020.B37 2007 | Dewey Decimal 343.569407664
The prohibition against pigs is one of the most powerful symbols of Jewish culture and collective memory. Outlawed Pigs explores how the historical sensitivity of Jews to the pig prohibition was incorporated into Israeli law and culture.
Daphne Barak-Erez specifically traces the course of two laws, one that authorized municipalities to ban the possession and trading in pork within their jurisdiction and another law that forbids pig breeding throughout Israel, except for areas populated mainly by Christians. Her analysis offers a comprehensive, decade-by-decade discussion of the overall relationship between law and culture since the inception of the Israeli nation-state.
By examining ever-fluctuating Israeli popular opinion on Israel's two laws outlawing the trade and possession of pigs, Barak-Erez finds an interesting and accessible way to explore the complex interplay of law, religion, and culture in modern Israel, and more specifically a microcosm for the larger question of which lies more at the foundation of Israeli state law: religion or cultural tradition.
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