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Gurzil Dispels the Darkness

Subject: Religion

(Libya) Gurzil, the sun god, was worshiped among the Huwwara of Tripolitania well into the eleventh century, long after the Arab conquest. This deity was a protector, a guide, ...

Abu Yaʿla, Muhammad ibn al-Husayn ibn al-Farraʾ al-Baghdadi

Abu Yaʿla, Muhammad ibn al-Husayn ibn al-Farraʾ al-Baghdadi   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
313 words

...from earlier Hanbali scholars. Abu Yaʿla belonged to the entourage of the vizier Ibn al-Muslima and thereby was finally chosen as the judge for the royal harem. In his book on the principles of religion he strongly used the methodology of kalām (philosophical theology), which dispels the myth of Hanbali uniformity and antirationalism. This attitude caused him some criticism among fellow Hanbalis. Only a small part of his writings survived. Among his printed works are Al-ʿudda fi usul al-fiqh on the principles and methodology of jurisprudence and Al-ahkam ...

Cicero

Cicero (106–43 b.c.e.)   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
2,397 words
Illustration(s):
1

...advocates were not seen as the servants of the court but as friends of their client, and they themselves might suffer personal attacks by their opponents. The introduction to a Roman forensic speech was designed to win interest and sympathy from judge or jury for the client and dispel prejudices. The case itself was explained in a narrative culminating in the establishment of the point at issue. Next came argumentation, both positive points in favor of the client and the refutation of points that had been or might be made by the opposition. The conclusion...

Critical Legal Studies

Critical Legal Studies   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
3,234 words

...of reified roles. There was also a supraindividual politics, namely to politicize law—to make it the terrain of overt, as opposed to covert, political conflict. The assumption was that the hold of the categories of law, the technical as well as mythic concepts, could be dispelled through critical analysis, thereby exposing the politics of law. Here too there was a gamble, a wager that when the categories of law lost their hold there would emerge a left politics, as opposed to some other politics or no politics at all. Relative to the grand projects of...

Trusts in English Common Law

Trusts in English Common Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
3,274 words

...Lord Chancellor Nottingham ( 1673–1682 ) played a significant role in giving substance to interests under trusts and in setting out the framework of the law, though not all that he did was new and the doctrines of the pre-1536 use cast a long shadow. In some aspects Nottingham dispelled that shadow, for example, in promoting the availability of the trust estate for the payment of the beneficiary's debts (the corollary of which was protection of the trust property from claims against the trustee personally). In other aspects he drew upon the learning of uses,...

Classical Legal Theory

Classical Legal Theory   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
4,646 words
Illustration(s):
1

...stasis, a condition where no governmental authority—national, state, or local—had power to regulate vital aspects of the labor relationship. The Court's resistance threatened to negate most significant regulatory efforts. Adkins v. Children's Hospital , 261 U.S. 525 ( 1923 ), dispelled any illusions that Lochner was defunct. Far from it: as Justice George Sutherland intoned in his opinion for the majority, liberty of contract “is the general rule and restraint the exception.” Even as conservative a jurist as Chief Justice Taft was taken aback, protesting in...

Federalism

Federalism   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
6,466 words

...that the Fifth Amendment privilege against self-incrimination is available outside of judicial proceedings and other formal proceedings to protect persons in all settings from being coerced to incriminate themselves, that states need to implement “adequate protective devices to dispel the compulsion inherent in custodial surroundings,” and that criminal suspects must be given a special “warning” before being subjected to custodial interrogation and must effectively waive their rights before questioning. Miranda became a cause célèbre, with defenders lauding...

Miranda v Arizona

Miranda v Arizona (1966)   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
490 words

...These decisions failed to provide adequate guidance to lower courts or to police officers. The Miranda decision shifted focus from suspects to police practices. Chief Justice Earl Warren's majority opinion argued that the coercion inherent in custodial interrogations could be dispelled by informing suspects of their rights to silence and the assistance of counsel. The decision required that police officers questioning a suspect in their custody first inform him that he had a right not to answer, that any answers could be used against him, and that he had a...

language and law

language and law   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
763 words

...and generally passive, meaning that motivation appears logical and that authorship is thus secondary to what the law desires, stipulates, and dictates. Even where expressions are apparently self‐evident, express rules and tacit conventions of interpretation can rapidly dispel the apparent simplicity of the surface. Peter Goodrich P Goodrich , Languages of Law (Cambridge: Cambridge University Press, 1990) D Mellinkoff , The Language of the Law (Boston: Little Brown,...

stop and search powers

stop and search powers   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
736 words

...a particular time, stereotypes, and assumptions about types of people. Specific encounters are to be understood not as characterized by discrete legalistic decision‐making, but rather as a process of interaction between officer and citizen in which suspicion is constructed (or dispelled). The authorize‐and‐regulate strategy is further challenged by fundamental shifts underway in contemporary criminal justice. Increasingly, police are authorized to counter terrorism and other emergencies by stopping and searching without reasonable suspicion. More generally,...

Miranda v. Arizona

Miranda v. Arizona   Quick reference

The Oxford Guide to United States Supreme Court Decisions (2 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
2,158 words

...interrogation environment “carries its own badge of intimidation” that is “at odds” with the privilege, “[u]nless adequate protective devices are employed to dispel the compulsion inherent in custodial surroundings,” no statement obtained from a person under these circumstances is admissible (pp. 457–458). 3. The Constitution does not require adherence to any particular system for dispelling the coercion of custodial interrogation. However, unless the government utilizes other procedures that are at least as effective, in order for a statement to be...

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