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"Code of law"
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The civil code controversy in Meiji Japan : the struggle to modernize the nation
2024
The book outlines a dramatic history of the failed liberalization of Japanese private law during the Meiji era. Once Japan overthrew the shogunate and fully opened up to contact with the world, modernization of the backward country and its fragmented customary legal system became a crucial objective of the new ruling elites. The initiated codification of law included the drafting of the first Civil Code, designed to revolutionize the traditional societal ties in Japan. The legal project, seemingly straightforward, turned out to be notoriously difficult and dragged on for three decades. More importantly, it led to a national controversy, dividing the Japanese jurisprudence into two opposing factions, which supported drastically different visions of the Civil Code and thus, the country's future.
Hobbes and the Law of Nature
2009,2010
This is the first major work in English to explore at length the meaning, context, aims, and vital importance of Thomas Hobbes’s concepts of the law of nature and the right of nature. Hobbes remains one of the most challenging and controversial of early modern philosophers, and debates persist about the interpretation of many of his ideas, particularly his views about natural law and natural right. In this book, Perez Zagorin argues that these two concepts are the twin foundations of the entire structure of Hobbes’s moral and political thought.
If Not, Not
2015,2016
In the 1560's and the 1570's, several authors outside of Spain recorded the text of an oath supposedly uttered by the Aragonese people when they received their king. While most modern historians doubt the authenticity of the oath, they agree that it has frequently served the purposes of political propaganda whenever an Aragonese patriot has wished to epitomize his nation's tradition of resistance to tyranny. This book studies the oath \"We, who are worth as much as you, take you as our king, provided that you preserve our laws and liberties, and if not, not\" as an example of historiographical fiction which belongs to a complex of legal-historical legends about the origins of Aragon.
Originally published in 1968.
The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Crafting the 613 Commandments: Maimonides on the Enumeration, Classification, and Formulation of the Scriptural Commandments
2014
Rabbinic tradition has it that 613 commandments were given to Moses on Mount Sinai, but it does not specify those included in the enumeration. Maimonides methodically and artfully crafts a list of 613 commandments in a work that serves as a prolegemenon to the Mishneh Torah, his monumental code of law. This book explores the surprising way Maimonides put this tradition to use and his possible rationale for using such a tradition. It also explores many of the philosophical and ethical ideas animating the composition of such a list. In the book's second half, Friedberg examines the manner by which Maimonides formulated positive commandments in the Mishneh Torah, leading him to suggest new dimensions in Maimonides' legal theory.
One Word - Yak Kaleme : 19th Century Persian Treatise Introducing Western Codified Law
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.
Rights over “The Property of Another” (Iura in re aliena) in Byzantine and Mediaeval Serbian Law
2020
In some cases, when a person owned property, his rights over such property might be limited. The most important rights over another’s property, mentioned by Byzantine law and accepted in mediaeval Serbian legal sources are servitudes, pledge and emphyteusis. The rules on servitudes (δουλεία – rabota) penetrated in Serbian law at the beginning of 13th century, when Saint Sabba (Свети Сава) incorporated in his “Nomokanon” the whole Byzantine “Procheiron”. Its chapter XXXVIII, under the title “On novelties” (Περὶ καινοτομιῶν), contains different provisions, concerning the servitudes, mixed with administrative rules on building the new houses. That was the reason why Serbian translators of “Procheiron” entitled this chapter as “On building of new houses, reconstruction of the old and other things”. While the chapter XXXVIII of “Procheiron” contains 64 provisions, Matheas Blastares took in his “Syntagma” only 18, and created a short Chapter K-3 under the same title “On novelties” (“O novotvorenxhь” in Serbian translation). It contains, beside different decrees and prohibitions by administrative authorities, some urban servitudes, that could be changed by special agreements (συμφώνον – sьglasi«). Byzantine legal miscellanies always put together the rules on pledge in the same chapter with the provisions on loan, although modern legal science treats pledge as a part of the law of property and loan as a real contract and the part of the law of obligation. The chapter X of “Ecloga” has a title “On literal and unliteral loans and for them given pledges”; the chapter XVI of “Procheiron” is known under the title “On loan and pledge” and the chapter XXVIII of “Epanagoge” entitled “On loans and pledges”. For this reason, Matheas Blastares included the chapter Δ-2 under the title “On lenders, and loan, and pledges” in his “Syntagma”. Among Serbian legal sources, pledge was mentioned only in a few documents: these are so called “Justinian’s Law” (art. 26 and 27); King Milutin’s chrysobull, granted to the Hilandar’s pyrgos in Chrousija; King Dušan’s chrysobull, giving the church of Most Holy Virgin in Lipljan to the Hilandar’s pyrgos in Chrousija; and Dušan’s “Law Code” (art. 90). The chapter XV of the “Procheiron” has the title “On emphyteusis” and contains six provisions, speaking on emphyteusis of Church estates. Matheas Blastares introduced a short Chapter E-8, entitled “On emphyteusis” (“O nasa`denîi” in Serbian translation), in his “Syntagma”. Its chapter represents an interpretation of Justinian’s Novella CXX, chapters 2 and 8. In Serbian legal sources we can not find any information on emphyteusis.
Journal Article
Crafting the 613 Commandments
2014
Rabbinic tradition has it that 613 commandments were given to Moses on Mount Sinai, but it does not specify those included in the enumeration. Maimonides methodically and artfully crafts a list of 613 commandments in a work that serves as a prolegemenon to the Mishneh Torah, his monumental code of law. This book explores the surprising way Maimonides put this tradition to use and his possible rationale for using such a tradition. It also explores many of the philosophical and ethical ideas animating the composition of such a list. In the book's second half, Friedberg examines the manner by which Maimonides formulated positive commandments in the Mishneh Torah, leading him to suggest new dimensions in Maimonides' legal theory.
Student dress codes and the first amendment
2014
Students’ early morning decisions about what to wear to school have led many school districts into legal issues and policy challenges. Confederate belt buckles, exposed bellies, sagging pants, political statements, and social commentary have all been banned from schools, and these bans have often resulted in litigation by students who claim their constitutional right to free speech has been violated. Student Dress Codes and the First Amendment: Legal Challenges and Policy Issues explores the legal issues that arise when a school prohibits various types of student attire. Through an analysis of major Supreme and federal court cases, this volume examines conflicts that arise when administrators juggle a student’s right to free speech with the need to maintain an environment conducive to learning.
The Administrative Code of the Republic of Moldova: Expectations and Reality
The article deals with the analysis of a new normative act in the Republic of Moldova Administrative Code: structure and content. The opinions of different authors regarding the systematization of the normative provisions. Conclusions referring to the systematization of the normative provisions in the Administrative Code of RM.
Journal Article
Las observaciones del obispo de Asunción del Paraguay al proyecto de libro III: \De rebus\ del \Código de Derecho Canónico\ de 1917
2011
La redacción del primer Código de Derecho Canónico que tuvo la Iglesia latina fue ordenada por el Papa san Pío X en 1904. La tarea codificadora, empero, no fue obra de un grupo cerrado de expertos, sino que tuvo en cuenta el parecer del episcopado latino, el que fue consultado en dos momentos diferentes; en ambos fue consultado el obispo de Asunción del Paraguay. En este trabajo se estudia, a partir de la documentación guardada en el Archivo Secreto Vaticano, el aporte del obispo de Asunción en el segundo de dichos momentos, en concreto, sus observaciones al proyecto de libro III, sobre las cosas.
Journal Article