Ancient Legal Thought

Ancient Legal Thought PDF Author: Larry May
Publisher: Cambridge University Press
ISBN: 9781108484107
Category : Law
Languages : en
Pages :

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Book Description
"Nearly four thousand years ago, kings in various ancient societies, especially in Mesopotamia (contemporary Iraq), faced a crisis of major proportions. Large portions of the population were horribly in debt, many being forced to sell themselves or their children into slavery to pay off their debts. The laws and customs seemed to support the commercial practices that allowed lenders to charge 20%-30% interest, and the law protected the lenders and gave no recourse for the indebted. Strict justice called for the creditors to receive what they were due. But another legal concept, the emerging idea of equity, seemed to call for a different result - the use of law as a vehicle to free people from economic oppression. Debt relief edicts were instituted - "clean-slate laws" as they were known - and are of obvious relevance today as well where crushing debt is a major issue underlying social inequality"--

Ancient Legal Thought

Ancient Legal Thought PDF Author: Larry May
Publisher: Cambridge University Press
ISBN: 9781108484107
Category : Law
Languages : en
Pages :

Get Book Here

Book Description
"Nearly four thousand years ago, kings in various ancient societies, especially in Mesopotamia (contemporary Iraq), faced a crisis of major proportions. Large portions of the population were horribly in debt, many being forced to sell themselves or their children into slavery to pay off their debts. The laws and customs seemed to support the commercial practices that allowed lenders to charge 20%-30% interest, and the law protected the lenders and gave no recourse for the indebted. Strict justice called for the creditors to receive what they were due. But another legal concept, the emerging idea of equity, seemed to call for a different result - the use of law as a vehicle to free people from economic oppression. Debt relief edicts were instituted - "clean-slate laws" as they were known - and are of obvious relevance today as well where crushing debt is a major issue underlying social inequality"--

The Ancient Constitution and the Feudal Law

The Ancient Constitution and the Feudal Law PDF Author: J. G. A. Pocock
Publisher: Cambridge University Press
ISBN: 9780521316439
Category : History
Languages : en
Pages : 428

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Book Description
Pocock explores the relationship between the study of law and the historical outlook of seventeenth-century Englishmen.

The Code of Hammurabi

The Code of Hammurabi PDF Author: Hammurabi
Publisher: E-Kitap Projesi & Cheapest Books
ISBN: 6057876644
Category : History
Languages : en
Pages : 46

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Book Description
The Code of Hammurabi is a well-preserved Babylonian law code of ancient Mesopotamia, dating back to about 1754 BC. It is one of the oldest deciphered writings of significant length in the world. The sixth Babylonian king, Hammurabi, enacted the code, and partial copies exist on a man-sized stone stele and various clay tablets. The Code consists of 282 laws, with scaled punishments, adjusting "an eye for an eye, a tooth for a tooth" (lex talionis) as graded depending on social status, of slave versus free man. Nearly one-half of the Code deals with matters of contract, establishing, for example, the wages to be paid to an ox driver or a surgeon. Other provisions set the terms of a transaction, establishing the liability of a builder for a house that collapses, for example, or property that is damaged while left in the care of another. A third of the code addresses issues concerning household and family relationships such as inheritance, divorce, paternity, and sexual behavior. Only one provision appears to impose obligations on an official; this provision establishes that a judge who reaches an incorrect decision is to be fined and removed from the bench permanently. A few provisions address issues related to military service. Hammurabi ruled for nearly 42 years, c. 1792 to 1750 BC according to the Middle chronology. In the preface to the law, he states, "Anu and Bel called by name me, Hammurabi, the exalted prince, who feared Marduk, the patron god of Babylon (The Human Record, Andrea & Overfield 2005), to bring about the rule in the land." On the stone slab there are 44 columns and 28 paragraphs that contained 282 laws. The laws follow along the rules of 'an eye for an eye'.

Roman Law and Economics

Roman Law and Economics PDF Author: Giuseppe Dari-Mattiacci
Publisher:
ISBN: 0198787200
Category : Business & Economics
Languages : en
Pages : 368

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

Islamic Legal Thought

Islamic Legal Thought PDF Author: David Powers
Publisher: BRILL
ISBN: 9004255885
Category : Law
Languages : en
Pages : 606

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Book Description
In Islamic Legal Thought: A Compendium of Muslim Jurists, twenty-three scholars each contribute a chapter containing the biography of a distinguished Muslim jurist and a translated sample of his work. Jurists of the formative, classical and modern periods are represented.

The Canon of American Legal Thought

The Canon of American Legal Thought PDF Author: David Kennedy
Publisher: Princeton University Press
ISBN: 0691186421
Category : Law
Languages : en
Pages : 936

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Book Description
This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.

The History of Law in Europe

The History of Law in Europe PDF Author: Bart Wauters
Publisher: Edward Elgar Publishing
ISBN: 1786430762
Category : History
Languages : en
Pages : 293

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

Byzantine Legal Culture and the Roman Legal Tradition, 867-1056

Byzantine Legal Culture and the Roman Legal Tradition, 867-1056 PDF Author: Zachary Chitwood
Publisher: Cambridge University Press
ISBN: 1107182565
Category : History
Languages : en
Pages : 249

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Book Description
An accessible and innovative introductory study of Byzantine law in its wider societal context under the Macedonian dynasty.

Ancient Law and Modern Understanding

Ancient Law and Modern Understanding PDF Author: Alan Watson
Publisher: University of Georgia Press
ISBN: 0820341150
Category : Law
Languages : en
Pages : 170

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Book Description
In Ancient Law and Modern Understanding Alan Watson proposes that ancient law is relevant and important for understanding history, theology, sociology, and literature. "Law, though technical," he writes, "is not remote from scholarship on other matters, and law is a central element in society." From Homeric Greece to present-day Armenia, Watson examines law's influence. Without a sensitivity to technical legal language, scholars of literature or history miss much: the use of puns in Plautus, Sulla's claim that Julius Caesar was descended from a slave, the relationship between the Synoptic Gospels. Legal history is an essential tool for understanding society, Watson argues, but it must be applied with knowledge of how law moves from one society to the next, legal reliance on authority, juristic concern with apparent trivia, and the impact on legal growth.

Uncommon Law, Ancient Roads, and Other Ruminations on Vermont Legal History

Uncommon Law, Ancient Roads, and Other Ruminations on Vermont Legal History PDF Author: Paul S. Gillies
Publisher:
ISBN: 9780934720601
Category : Law
Languages : en
Pages : 414

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Book Description