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This volume introduces Roman property law by means of "cases" consisting of brief excerpts from Roman juristic sources in Latin with English translations. The cases are followed by series of analytical questions and translated excerpts from modern civil codes to illustrate the dynamic character and continuing life of the Roman legal tradition.
This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German,English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of thelaw.
Analysis of why politicians are driven to create an independent judicial institution with the authority to overrule their decisions. It focuses on a country with no tradition of independent judicial review - Russia. History does not support an independent judiciary here; yet a potentially powerful constitutional court has existed for 20 years.
In Maimonides and the Merchants, Mark R. Cohen reveals the extent of pragmatic revisions to the halakha, or body of Jewish law, introduced by Moses Maimonides in his Mishneh Torah, the comprehensive legal code he compiled in the late twelfth century.
First Published in 2015. Routledge is an imprint of Taylor & Francis, an Informa company.
The study of various types of programming is essential for critical analysis of the media and also offers revealing perspectives on society's cultural values, preoccupations, behavior, and myths. This handbook provides a systematic, in-depth approach to the study of media genres - including reality programs, game shows, situation comedies, soap operas, film noir, news programs, and more. The author addresses such questions as: Have there been shifts in the formula of particular genres over time? What do these shifts reveal about changes in culture? How and why do new genres - such as reality TV shows - appear? Are there differences in genres from one country to another? Combining theoretical...
The Cairo Geniza is the largest and richest store of documentary evidence for the medieval Islamic world. This book seeks to revolutionize the way scholars use that treasure trove. Phillip I. Ackerman-Lieberman draws on legal documents from the Geniza to reconceive of life in the medieval Islamic marketplace. In place of the shared practices broadly understood by scholars to have transcended confessional boundaries, he reveals how Jewish merchants in Egypt employed distinctive trading practices. Highly influenced by Jewish law, these commercial practices served to manifest their Jewish identity in the medieval Islamic context. In light of this distinctiveness, Ackerman-Lieberman proposes an alternative model for using the Geniza documents as a tool for understanding daily life in the medieval Islamic world as a whole.
A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. The goal: establishing the actual practice in the Age of Enlightenment, and explaining why this was the case. The ideology of the Age was that law, i.e., the will of the sovereign, can be explicitly and appropriately stated, thus making interpretation redundant. However, the reality was that in the 18th century, there was no one leading source of national law that would be the object of interpretation. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance. However, in deciding a case in a court of law, the law must speak with one voice. Hence, interpretation to unify the norms was inevitable. What was the process? What role did justification in terms of reason, the hallmark of the Enlightenment, play? These are some of the questions addressed.
Since the end of the Cold War the relationship between the internal constitution of a state and its international behaviour has been a subject of much scholarly interest. Assuming that this connection matters the author analyses the transformation from the USSR to the Russian Federation. Does a liberal Russia behave better than the non-liberal USSR? Are Russia's attitudes towards international law different than those of the former USSR? How much continuity is there and how much change has occurred in the scholarship of international law in Russia? How are Russia's treaties made and implemented? What is the role of international law in the Russian legal system? The author shows that international human rights played an important role in the Soviet perestroika and in the subsequent reforms in the Russian Federation. She argues that at the surface level the transformation in Russia has been remarkable, notably so with regard to the role of international law in the domestic legal system. Drawing from a wide range of materials - Soviet/Russian history, legislation, court cases and doctrinal writings - the book takes a cultural and historical perspective to analysis of legal change.
This is a study of the actual role that the Russian Constitutional Court played in protecting fundamental rights and resolving legislative-executive struggles and federalism disputes in both Yeltsin's and Putin's Russia. Trochev argues that judicial empowerment is a non-linear process with unintended consequences and that courts that depend on their reputation flourish only if an effective and capable state is there to support them. This is because judges can rely only on the authoritativeness of their judgments, unlike politicians and bureaucrats, who have the material resources necessary to respond to judicial decisions. Drawing upon systematic analysis of all decisions of the Russian Court (published and unpublished) and previously unavailable materials on their (non-)implementation, and resting on a combination of the approaches from comparative politics, law, and public administration, this book shows how and why judges attempted to reform Russia's governance and fought to ensure compliance with their judgments.