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7-20-8

(1907), a “comedy of to‐day” by Augustin Daly. [Daly's Theatre, 49 perf.] Portrait of a Lady, picture #728 at the annual Academy exhibition, so lovingly depicts a beautiful woman ...

Witnesses in Ancient Athens

Witnesses in Ancient Athens   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
1,389 words

...case would this evidence properly be referred to as martyria . Evidence from a refused challenge is often employed where the two sides present conflicting witness testimony and must bolster it (Demosthenes 47.5, 8; Lycurgus 1.28). Both metics (resident foreigners) and free foreigners ( xenoi ) could give testimony as witnesses (Demosthenes 35.14, 20, 23, 33–4; Aeschines 2.155). Terminology. Several terms are derived from the word martyria to describe the different functions served by witnesses. The diamartyria was a formal evidentiary statement declaring,...

GraphĒ Paranomōn

GraphĒ Paranomōn   Reference library

The Oxford International Encyclopedia of Legal History

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Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
2,237 words

...proposal had not received prior approval from the Council; second, it violated the law which forbid honors for the Council when a certain number of triremes had not been built; and third, Androtion was barred from making proposals since he had been a prostitute (Demosthenes 22.5–7, 820, 29–32). Constitutional Significance. There is some controversy about the constitutional significance of the graphē paranomōn . The orators who discuss the nature of the action describe it as a means of enforcing the laws and also as a way of preventing the Assembly from making...

Personal Status Law

Personal Status Law   Reference library

The Oxford International Encyclopedia of Legal History

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Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
3,852 words

...for women), although marriage below this age can be authorized by a judge (art. 7); the contract is to be made before a notary or other authorized official in the presence of two witnesses (art. 18) and registered in the Register Office (art. 22). Polygamy is permitted only if based on a valid reason and respecting the principle of equity; moreover, the husband must give notice of his will to both his previous and future wives, who can either accept or reject it (art. 8). The minimum period of gestation is six and the maximum ten months (art. 42). Only...

Punishment

Punishment   Reference library

The Oxford International Encyclopedia of Legal History

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Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
17,081 words
Illustration(s):
4

...Justified by the need to preserve social order ( Mānavadharmaśāstra 7.20), the king is advised to keep the military forces at his disposal and to instill fear and awe in those who do not address him with reverence. The king, brandishing the rod of punishment, must keep all citizens under subjection ( Mānavadharmaśāstra 7.102–103). A most effective tool of intimidation is resort to punishments, even to brutal executions, in public places ( Mānavadharmaśāstra 8.193, 8.334, 8.352, 8.370–372, 9.248, 9.262–263, 9.288, 9.291). The display of cruel punishments...

Religious Law

Religious Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
5,164 words

...denied reprieve (CT 9.38.3–4 and 6–8). Sunday, ambiguously entitled the “Day of the Sun” and thus acceptable to pagan worshippers of the Sun, Apollo, and various other deities of light, was made special, and lawsuits and public games on that day were forbidden (CT 2.8). The influence of Christian penitential doctrine is evident in legislation referring to actresses, who were permitted to leave their degraded and immoral profession if they converted to Christianity but were allowed no second chance if they relapsed (CT 15.7.8, of 381). Although the Church did...

Individual Effort of Legal Reasoning (Ijtihād)

Individual Effort of Legal Reasoning (Ijtihād)   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
1,223 words

...and Evolution of Islamic Law . Cambridge: Cambridge University Press, 2005. Chapters 7 and 8. Hallaq, Wael B. “ Was the Gate of Ijtihad Closed? ” International Journal of Middle East Studies 16 (1984): 3–41. Kamali, Mohammad Hashim . Principles of Islamic Jurisprudence . Rev. ed. Cambridge: Islamic Texts Society, 1991. Chapter 19. A third edition was published in 2003. Peters, Rudolph . “ Idjtihâd and Taqlîd in 18th and 19th Century Islam. ” Die Welt des Islams 20 (1980): 131–146. Vogel, Frank E. Islamic Law and Legal System: Studies of Saudi Arabia...

Ulpian

Ulpian (c.170 c.e.–223–224 c.e.)   Reference library

The Oxford International Encyclopedia of Legal History

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Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
1,793 words

... Ad edictum praetoris 81; Ad Masurium Sabinum 51; Ad legem Iuliam et Papiam 20; De officio proconsulis 10; De omnibus tribunalibus 10; Publicae disputationes 10; De censibus 6; Fideicommissa 6; Ad legem Iuliam de adulteriis 5; De appellationibus 4; Ad legem Aeliam Sentiam 4; De officio consulis 3; Institutiones 2; Ad edictum aedilium curulium 2; and several one-book monographs. Works spuriously attributed to him: Opiniones 6; Regulae 7; Liber singularis regularum 1; Pandectae 1; Responsa 2. secondary works O. Lenel, ...

Credit in Medieval and Post-Medieval Roman Law

Credit in Medieval and Post-Medieval Roman Law   Reference library

The Oxford International Encyclopedia of Legal History

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Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
2,137 words

...when the agreed-upon medium of exchange increases in value. This problem appears not only with credit, but also in general for longer-term payment obligations (2.28 Kursächsische Konstitutionen [Constitutions of the Electorate of Saxony] 1572 ; Faber, chap. 8, pp. 153ff. [on creditum ]; 4.14.7 Codex Maximilianeus Bava-ricus Civilis [Bavarian Civil Code] 1756 ; art. 1895 Code Civil; §§ 988, 989 ABGB). Modern adjudication and legislation have recognized adjustment as necessary only in cases of extreme change in the value of currency, as for example in...

Judges

Judges   Reference library

The Oxford International Encyclopedia of Legal History

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Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
4,759 words
Illustration(s):
2

... Constitution of the Athenians 7–10). The tyrant Peisistratus appears not to have altered the judicial system, aside from creating judges for the demes to dispense justice in the countryside (Aristotelian Constitution of the Athenians 16.5). In the fifth and fourth centuries b.c.e ., officials had the power to decide cases and levy small fines. The Council could also hear cases and impose fines up to five hundred drachmas (Demosthenes 47.43). Some cases might go before the Assembly (Xenophon, Hellenica 1.7.20), but the vast majority of cases were...

Homicide

Homicide   Reference library

The Oxford International Encyclopedia of Legal History

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Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
10,021 words
Illustration(s):
3

...and atonement presented within Brahmanic law is demonstrated in the ruler's obligation to suitably punish ( daṇḍa , vadha ) different crimes ( Mānava Dharmaśāstra 7.14–31; 8.18–19; 8.302–43; 9.221–49; 9.25–93); many forms of penance are discussed ( Mānava Dharmaśāstra 11.72–247). Many texts elaborate extensively on these themes: expiatory vows ( vrata ) are separated from acts of redemption; several types of penance and atonement formulas for murderers are mentioned ( Mānava Dharma śā stra 11.73–90; 11.127–31). Awareness of different types of homicide...

Justice, Theories of

Justice, Theories of   Reference library

The Oxford International Encyclopedia of Legal History

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Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
3,528 words
Illustration(s):
1

...there are parts of life for which it only weakly applies, if it applies at all (as nicely illustrated by Aristotle's comment that “when men are friends they have no need of justice” [ Nicomachean Ethics , 8.1.1155a]). In the Western tradition, discussions of justice are generally traced back to the Bible (“justice, justice shalt thou pursue” [Deuteronomy 16:20]) and to the ancient Greek philosophers Plato and Aristotle. For Plato, justice, both at the level of the individual and at the level of society, involves a harmony of disparate elements working as an...

Wills

Wills   Reference library

The Oxford International Encyclopedia of Legal History

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Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
5,264 words

...North African Studies (ICANAS) (Budapest, 1–7 July 1997) , Part II, edited by Alexander Fodor . The Arabist: Budapest Studies in Arabic 21–22 (1999): 193–204. Cilardo, Agostino . “La rappresentazione nel diritto ereditario musulmano.” In Atti del Congresso Internazionale su: Gli interscambi culturali e socio-economici fra l’Africa Settentrionale e l’Europa Mediterranea (Amalfi, 5–8 dicembre 1983) , Vol. 2, pp. 931–941, Naples, Italy, 1986. Gaziri, ʿAbd al-Rahman al- . Kitab al-fiqh ʿala al-madahib al-arbaʿa . 7th ed. 5 vols. Beirut, 1986. See especially...

Intellectual Property

Intellectual Property   Reference library

The Oxford International Encyclopedia of Legal History

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Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
13,620 words
Illustration(s):
2

...a search of “prior art” (what had been invented or used before). Congress also established a statutory requirement that patents be claimed “in full, clear, and exact terms, avoiding unnecessary prolixity,” and confirmed an earlier judicial requirement in Evans v. Eaton, 20 U.S. (7 Wheat.) 356 ( 1822 ) that the inventor provide a disclosure sufficient to enable persons having ordinary skill in the relevant technology to make and use the claimed discovery without undue experimentation. The term of patent was fixed at fourteen years, with a renewal term of...

Commercial Law

Commercial Law   Reference library

The Oxford International Encyclopedia of Legal History

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Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
9,196 words
Illustration(s):
2

...in the Demosthenic corpus (Dem. 34.39 and 56.8, 10) and an inscription mention an “established” price. This might have been a price set for public sales of grain. Alternatively, it could be an official price set by the sitophylakes or other officials. This price would have been recommended as a fair price for all merchants, but not enforced. Several other measures helped maintain a constant supply of grain. First, there was a ban on all exports of grain from Attica (Demosthenes 34.37; 35.50–51; 58.8–9). Second, there was a law that made it illegal for...

Illegality and Immorality

Illegality and Immorality   Reference library

The Oxford International Encyclopedia of Legal History

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Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
2,798 words

...Landrecht [ALR] of 1794 , I, 4, §6), nor can a contract have as its purpose an action that is not permitted (Austrian Allgemeines Bürgerliches Gesetzbuch [ABGB] of 1811 , §878). Similarly, they may state that contracts with “unlawful content” (Swiss Law of Obligations, art. 20), or even otherwise legal transactions or contracts (German Bürgerliches Gesetzbuch [BGB] of 1900 , §134; Art. 3.40 II of the Dutch Burgerlijk Wetboek since 1992 ; Austrian ABGB §879 I since 1916 ), are void if they violate any legal prohibitions. By contrast, the French Code...

Arab Countries, Islamic Law in

Arab Countries, Islamic Law in   Reference library

The Oxford International Encyclopedia of Legal History

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Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
3,985 words
Illustration(s):
1

...time in 2000 and 2001 with the Law of Procedure Before Shariʿa Courts (declared on August 20, 2000) and the Code of Law Practice (declared on October 15, 2001). On October 1, 2007, the king of Saudi Arabia declared the formation of the Judiciary and the Grievance Board. These two new bodies were part of a project to reform the justice system in Saudi Arabia. The project was called “King Abd Allah's project to reform the judgement facility”; its budget was 7 billion riyals (about $1.86 billion). The structure of the new legal system in Saudi Arabia can be...

Poor Laws in English Common Law

Poor Laws in English Common Law   Reference library

The Oxford International Encyclopedia of Legal History

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Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
3,441 words
Illustration(s):
1

...minority report in 1911 . No new legislation was introduced until 1927 , when a Poor Law Act, 16 & 17 Geo 5, c. 29, redrafted ninety-nine poor-law statutes into one statute of 244 sections. In 1929 much of this was repealed or further amended when the Local Government Act, 19 & 20 Geo 5, c. 17, transferred poor-law functions to local councils and county boroughs, abolishing the poor-law unions and their boards of guardians. Subsequently, the terms of the Unemployment Act of 1934 (24 & 25 Geo 5 c. 29) introduced a national in-surance scheme for all...

Religion

Religion   Reference library

The Oxford International Encyclopedia of Legal History

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Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
10,844 words
Illustration(s):
3

...Impiety ( asebeia ) is now, thanks to the trial of Socrates, the most famous offense against religion that came under Athenian law. As with only a limited number of other charges, the prosecutor did not risk anything, even if he failed to get a fifth of the votes (Lys. 7.38; Demosthenes 57.8 gives opposing evidence on this point). But as with many offenses, there is no clear definition of impiety, and it likely varied according to circumstances. A passage in Lysias cites a received story about Pericles, that he advised using unwritten laws against impious...

Rape

Rape   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
4,897 words

...On the other hand, perhaps as a result of the difficulties involved in proving lack of consent in such cases, the conviction rate (convictions as a percentage of offenses reported to the police) plummeted from 25 percent in 1985 to only 7 percent in 2000 . A 2002 study estimated that, even with recent improvements, only 20 percent of rapes were reported to the police. [ See also Bracton, Henry de ; Criminal Law, subentry on English Common Law ; English Law ; English Legal Treatises ; Family, subentry on English Common Law ; Feminist Legal Theory ;...

Speech, Freedom of

Speech, Freedom of   Reference library

The Oxford International Encyclopedia of Legal History

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Current Version:
2009
Subject:
Law, History
Length:
8,364 words
Illustration(s):
1

...tyrants were forbidden to speak in the Assembly or serve in the Council (Andok. 1.75–76). Finally, in the aftermath of the Thirty, the Athenians prohibited “recalling evil deeds,” to minimize civic strife. Even so, people's conduct in 404 was often mentioned (Lys. 16.3–8; 26; 31.8–14; Aesch. 2.78, 147). Striking omissions include any regulation of obscene or sacrilegious language. Slander. Athens’ slander law listed a series of aporrhēta , “forbidden words”: “murderer,” “father beater,” “mother beater,” or saying that someone “had thrown away his...

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