In Late Ancient and Medieval Jewish Thought
Author: Joseph E. David
The book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the ‘Word of God’ – the question of legal reasoning and the problem of knowing and remembering. - How different are the epistemological concerns of religious-law in comparison to other legal systems? - In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions? - What specifies legal reasoning and legal knowledge in a religious framework? The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which underwent systemization and enhancement by the Babylonian Geonim and the Andalusian Rabbis up until the twelfth century. The book develops a synoptic view on the growth of rabbinic legal thought against the background of Christian theological motifs on the one hand and Karaite and Islamic systemized jurisprudence on the other hand. It advances a perspective of legal-theology that combines analysis of jurisprudential reflections and theological views within a broad historical and intellectual framework. The book advocates two approaches to the study of the legal history of the Halakhah: comparative jurisprudence and legal-theology, based on the understanding that jurisprudence and theology are indispensable and inseparable pillars of legal praxis.
Legal Traditions and the Encounter with Europe
Author: Lisbet Christoffersen,Jørgen S. Nielsen
This volume exposes some of the various issues raised in relation to Muslim communities in Europe by putting the intellectual and legal traditions into dialogue. It brings together a number of scholars of Shari’a and Islamic law with counterparts from the parallel European disciplines of hermeneutics, philosophy and jurisprudence, to explore how the processes of theological-legal thinking have been expressed and are being expressed in a more or less common intellectual framework. It provides a valuable reference for all those interested in exploring how Muslims and non-Muslims view Shari’a law, looking at ways the European legal systems can provide some form of accommodation with Muslim customs.
Author: J. H. Burns,James Henderson Burns
Publisher: Cambridge University Press
This volume examines the history of a complex and varied body of ideas over a period of more than a thousand years.
Author: Judith M. Bennett,Ruth Mazo Karras
Publisher: OUP Oxford
The Oxford Handbook of Women and Gender in Medieval Europe provides a comprehensive overview of the gender rules encountered in Europe in the period between approximately 500 and 1500 C.E. The essays collected in this volume speak to interpretative challenges common to all fields of women's and gender history - that is, how best to uncover the experiences of ordinary people from archives formed mainly by and about elite males, and how to combine social histories of lived experiences with cultural histories of gendered discourses and identities. The collection focuses on Western Europe in the Middle Ages but offers some consideration of medieval Islam and Byzantium. The Handbook is structured into seven sections: Christian, Jewish, and Muslim thought; law in theory and practice; domestic life and material culture; labour, land, and economy; bodies and sexualities; gender and holiness; and the interplay of continuity and change throughout the medieval period. It contains material from some of the foremost scholars in this field, and it not only serves as the major reference text in medieval and gender studies, but also provides an agenda for future new research.
Author: John H. Arnold
Publisher: OUP Oxford
The Oxford Handbook of Medieval Christianity takes as its subject the beliefs, practices, and institutions of the Christian Church between 400 and 1500AD. It addresses topics ranging from early medieval monasticism to late medieval mysticism, from the material wealth of the Church to the spiritual exercises through which certain believers might attempt to improve their souls. Each chapter tells a story, but seeks also to ask how and why 'Christianity' took particular forms at particular moments in history, paying attention to both the spiritual and otherwordly aspects of religion, and the material and political contexts in which they were often embedded. This Handbook is a landmark academic collection that presents cutting-edge interpretive perspectives on medieval religion for a wide academic audience, drawing together thirty key scholars in the field from the United States, the UK, and Europe. Notably, the Handbook is arranged thematically, and focusses on an analytical, rather than narrative, approach, seeking to demonstrate the variety, change, and complexity of religion throughout this long period, and the numerous different ways in which modern scholarship can approach it. While providing a very wide-ranging view of the subject, it also offers an important agenda for further study in the field.
European and Chinese Origins of a Rule of Law As Justice for World Order
Author: Anthony Carty,Janne Nijman
Publisher: Oxford University Press
Arguing that the concept of an 'international rule of law' has a history independent from that of the national rule of law, this book discusses early modern European thought on natural law and justice and Chinese thought on world order and international law. It provides a unique examination of comparative international legal history and philosophy.
Author: Elizabeth Jeffreys,John F. Haldon,Robin Cormack
Publisher: Oxford University Press, USA
Category: Literary Criticism
The Handbook contains eighty-nine articles by leading experts on all significant aspects of the diverse and fast-growing field of Byzantine Studies, which deals with the history and culture of the Byzantine Empire, the eastern half of the Late Roman Empire, from the fourth to the fourteenth century.
An Analysis of a Global Legal History
Author: Jean-Louis Halpérin
This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law. The author uses Herbert Hart’s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state and we question the extent to which codification and law reporting were likely to revolutionize the legal field. These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called “constitutional” revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law. In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly.
Author: Scott Johnson
Publisher: Oxford University Press
Category: Byzantine Empire
The Oxford Handbook of Late Antiquity offers an innovative overview of a period (c. 300-700 CE) that has become increasingly central to scholarly debates over the history of western and Middle Eastern civilizations. This volume covers such pivotal events as the fall of Rome, the rise of Christianity, the origins of Islam, and the early formation of Byzantium and the European Middle Ages. These events are set in the context of widespread literary, artistic, cultural, and religious change during the period. The geographical scope of this Handbook is unparalleled among comparable surveys of Late Antiquity; Arabia, Egypt, Central Asia, and the Balkans all receive dedicated treatments, while the scope extends to the western kingdoms, and North Africa in the West. Furthermore, from economic theory and slavery to Greek and Latin poetry, Syriac and Coptic literature, sites of religious devotion, and many others, this Handbook covers a wide range of topics that will appeal to scholars from a diverse array of disciplines. The Oxford Handbook of Late Antiquity engages the perennially valuable questions about the end of the ancient world and the beginning of the medieval, while providing a much-needed touchstone for the study of Late Antiquity itself.
Author: Robert Kolb,Irene Dingel,Lubomir Batka
Publisher: Oxford University Press (UK)
The 47 essays in this volume, composed by historians and theologians from 15 nations, survey the background, context, content and impact of the thinking of Martin Luther. These authors explore the intellectual traditions which formed his thought, his hermeneutical framework, his teaching on specific topics of biblical doctrine, his social and ethical positions, the ways in which specific genre and interaction with others (both supporters and opponents) formed histheology, and its impact on subsequent centuries and several parts of the twenty-first world. Essays explore the dimensions and implications of Luther's way of thought within its historical contexton the basis of original sources and debates among interpreters of his thinking and his influence on later generations.
Author: Gordon Lindsay Campbell
Publisher: OUP Oxford
The Oxford Handbook of Animals in Classical Thought and Life is the first comprehensive guide to animals in the ancient world, encompassing all aspects of the topic by featuring authoritative chapters on 33 topics by leading scholars in their fields. As well as an introduction to, and a survey of, each topic, it provides guidance on further reading for those who wish to study a particular area in greater depth. Both the realities and the more theoretical aspects of the treatment of animals in ancient times are covered in chapters which explore the domestication of animals, animal husbandry, animals as pets, Aesop's Fables, and animals in classical art and comedy, all of which closely examine the nature of human-animal interaction. More abstract and philosophical topics are also addressed, including animal communication, early ideas on the origin of species, and philosophical vegetarianism and the notion of animal rights.
Author: Philip Wood
Publisher: Oxford University Press
This volume arose out of a seminar series organised at the Classics Centre of Corpus Christi College, Oxford in 2009 and a subsequent workshop in 2010.
Author: Maria Gigliola di Renzo Villata
This volume addresses the study of family law and society in Europe, from medieval to contemporary ages. It examines the topic from a legal and social point of view. Furthermore, it investigates those aspects of the new family legal history that have not commonly been examined in depth by legal historians. The volume provides a new 'global' interpretative key of the development of family law in Europe. It presents essays about family and the Christian influence, family and criminal law, family and civil liability, filiation (legitimate, natural and adopted children), and family and children labour law. In addition, it explores specific topics related to marriage, such as the matrimonial property regime from a European comparative perspective, and impediments to marriage, such as bigamy. The book also addresses topics including family, society and European juridical science.
Author: Per Andersen
This book offers a comprehensive examination of how the Fourth Lateran Council’s prohibition against trial by ordeal was implemented in Danish secular law and how it required both a fundamental restructuring of legal procedure and an entirely different approach to jurisprudence in practice.
Jewish Law and Society in the Medieval Islamic World
Author: Mark R. Cohen
Publisher: University of Pennsylvania Press
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.