Paul and the Nomos in Light of Ritual Theory

2008 ◽  
Vol 54 (3) ◽  
pp. 398-416
Author(s):  
ITHAMAR GRUENWALD
Keyword(s):  
Religious Studies ◽  
Ritual Studies ◽  
Ritual Theory ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
New Perspective ◽  
Common Understanding

This article wishes to handle the subject of the Nomos in Paul from a new perspective, namely from Religious Studies, within a framework where rituals and Ritual Studies receive priority. Nomos is generally translated as ‘the Law’ (with a capital ‘L’), meaning the Torah of Moses, the Pentateuch; by implication, it also covers the rabbinic modes of Torah explication. Commonly, the term and the negation of its religious relevance mark the manner in which Christianity views itself as superseding Judaism. However, the article argues that this understanding of the term and its significance in the writings of Paul is wrongly oriented. Paul himself discusses the issue of religious rules and regulations as part of the life of the communities, which he addresses in his Letters. If Paul is taken at his own words, rituals are important components in Christianity. Thus, the ‘Protestant’ oriented criticism of the cult is tantamount to making Paul address issues that Paul has no intention to take at their face value. This article, therefore, intends to reach new conclusions with regard to the common understanding of Paul's handling of the subject of the Law.

scholarly journals Tortious liability for pure economic loss

1979 ◽  
Author(s):  
Ευστάθιος Μπανάκας
Keyword(s):  
Economic Loss ◽  
West Germany ◽  
Pure Economic Loss ◽  
Legal Traditions ◽  
Different Types ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
Comparative Examination ◽  
Individual Style

Financial harm may be caused in many different ways. It can be said that it appears in several different ’’types", each produced in distinct factual circumstances. Different "types" of financial harm may demand a different treatment by the law. The considerations that ought to determine the policy of the law vary together with the factual . circumstances, in which each particular type offinancial harm becomes manifested. Thence the need for a separate examination of the major, or "generic", types of such harm, a need that has already been - detected by Comparative lawyers writing on the subject.(20) The present study will concentrate on the problem ' of financial harm that is not the product of a harmful intention (21) . In the Common Law of Negligence this problem is known as the "pure economic loss" problem. The solutions given to it by English Law are compared to the solutions of the French Law of Torts, and to those of the law of Torts of the German Federal Republic (West Germany)(22). The compared Tort systems not only are leadingthe major legal traditions of our age, each employing its own individual "style" (23), but, also, operate in virtually similar social and economic environments. This should allow the comparison to expose more easily the true merits of any "stylistic" idiosyncrasies, thatthey might possess in this particular connection. The problem of pure economic, loss caused by erroneous advice or information is not examined in * detail in the present study. It has been already the subject of comprehensive Comparative examination (24).

1. The historical origins of the trust

2019 ◽  
pp. 1-13
Author(s):  
JE Penner
Keyword(s):  
Common Law ◽  
The Core ◽  
Administrative Power ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
The Relationship ◽  
Historical Origins

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter traces the historical roots of the trust. The law of trusts is the offspring of a certain English legal creature known as ‘equity’. Equity arose out of the administrative power of the medieval Chancellor, who was at the time the King’s most powerful minister. The nature of equity’s jurisdiction and its ability to provide remedies unavailable at common law, the relationship between equity and the common law and the ‘fusion’ of law and equity, and equity’s creation of the use, and then the trust, are discussed.

Markesinis & Deakin's Tort Law

2019 ◽  
Author(s):  
Simon Deakin ◽  
Zoe Adams
Keyword(s):  
Deep Understanding ◽  
Tort Law ◽  
Economic Interests ◽  
Economic Context ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
Economic Perspectives ◽  
The Relationship ◽  
8Th Edition

Markesinis and Deakin’s Tort Law, now in its 8th edition, provides a general overview of the law and discussion of the academic debates on all major topics, highlighting the relationship between the common law, legislation, and judicial policy. In addition, the book provides a variety of comparative and economic perspectives on the law of tort and its likely development, always placing the subject in its socio-economic context, thereby giving students a deep understanding of tort law. The book is composed of eight parts. Part I starts by setting the scene, Part II looks at the tort of negligence. Part III turns to special forms of negligence. This is followed by Part IV which examines interference with the person. Part V turns to intentional interferences with economic interests. The next part looks at stricter forms of liability. Part VII examines the protection of human dignity which includes looking at defamation and injurious falsehood, and human privacy. The last part looks at defences and remedies.

‘Furiously Mad’: Vagrancy Law and a Sub-Group of the Disorderly Poor

Rural History ◽  
2013 ◽  
Vol 24 (1) ◽  
pp. 25-40 ◽  
Author(s):  
AUDREY ECCLES
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Social Problem ◽  
Common Law ◽  
Medical Texts ◽  
The Public ◽  
Course Of Action ◽  
The Subject ◽  
The Common ◽  
The Law

Abstract:Madness has been a social problem from time immemorial. Wealthy lunatics were made royal wards so that their estates would be looked after, and the common law very early admitted madness and idiocy as conditions justifying the exemption of the sufferer from punishments for crime. But the vast majority of lunatics have never been either criminal or wealthy, and many wandered about begging, unwelcome in any settled community. Finally, in the eighteenth century, the law made some attempt to determine a course of action which would protect the public and theoretically also the lunatic. This legislation and its application in practice to protect the public, contain the lunatic, and deal with the nuisance caused by those ‘disordered in their senses’, form the subject of this article. Much has been written about the development of psychiatry, mainly from contemporary medical texts, and about the treatment of lunatics in institutions, chiefly from nineteenth-century sources, but much remains to be discovered from archival sources about the practicalities of dealing with lunatics at parish level, particularly how they were defined as lunatics, who made such decisions, and how they were treated in homes and workhouses.

Mind Control

2020 ◽  
pp. 164-186
Author(s):  
Marcela Herdova ◽  
Stephen Kearns
Keyword(s):  
Decision Making ◽  
Self Control ◽  
Ability To Act ◽  
Mind Control ◽  
The Face ◽  
The Subject ◽  
The Common ◽  
The Relationship ◽  
Common Understanding

This chapter explores the relationship between self-control and decision-making. In particular, it examines various problems with the idea that agents can (and do) exercise self-control over their decisions. Two facts about decisions give rise to these problems. First, decisions do not result from intentions to make those very decisions. Second, decisions are often made when agents are uncertain what to do, and thus when agents lack best judgments. On the common understanding of self-control as an ability to act in line with an intention or best judgment (in the face of counter-motivation), decisions are not, and perhaps cannot, be the subject of self-control. In light of this, the authors propose that this common conception of self-control needs revision. As well as commitment-based self-control, they argue that there is also non-commitment-based self-control—the type of self-control over an action that need not involve any prior evaluative or executive commitment.

9. Inchoate offences

2020 ◽  
pp. 106-115
Author(s):  
Jonathan Herring
Keyword(s):  
Common Law ◽  
Essential Information ◽  
Serious Crime ◽  
Commission Report ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
Law Commission

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses inchoate offences. Inchoate offences are where the full offence is not completed. The reason that the law fixes liability on defendants who have not fulfilled the full offence is to punish those who are willing to be involved in criminality even where the full offence is not, for one reason or another, completed. The law governing all inchoate offences is in a state of flux; the common law offence of incitement was replaced with new offences under the Serious Crime Act 2007. The law governing conspiracy and attempts was the subject of a Law Commission Report in December 2009.

21. Defamation and Injurious Falsehood

2019 ◽  
pp. 623-694
Author(s):  
Simon Deakin ◽  
Zoe Adams
Keyword(s):  
Human Rights ◽  
Communication Technology ◽  
Digital Communication ◽  
Freedom Of Expression ◽  
Common Law ◽  
Passing Off ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
Historic Origin

Defamation, a tort that protects a claimant’s reputation, has been the subject of much debate in recent years, culminating in the passing of the Defamation Act in 2013. A tort of historic origin, defamation raises novel challenges in an age of internet and digital communication technology, particularly given increasing concerns about freedom of expression, and the protection of privacy. Like many aspects of the law discussed in this book, moreover, defamation has not been left untouched by human rights developments. The chapter begins with an introduction to defamation, covering the meaning of ‘defamatory’ and libel and slander. It then discusses elements of liability, both in the common law, and under the Defamation Act 2013; defences; damages; mitigation of damage; and injurious falsehoods and passing off.

scholarly journals On Delineation of the Continental Shelf: Decision of the International Tribunal for the Law of the Sea on Delimitation of the Maritime Boundary between Bangladesh and Myanmar, 2012

Lex Russica ◽  
2021 ◽  
pp. 155-163
Author(s):  
A. Yu. Klyuchnikov
Keyword(s):  
Continental Shelf ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Exploration And Exploitation ◽  
International Court ◽  
Maritime Boundary ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
Marine Areas

With the development of technical capabilities for the exploration and exploitation of the continental shelf, the desire of coastal states to expand the area of their jurisdiction in the "underwater territory" (the territory of the seabed) increased. Thanks to the activism of the judges of the International Tribunal for the Law of the Sea, the concept of the continental shelf for the purposes of international maritime law has been significantly developed. As a result, the coastal states signatories to the 1982 Convention on the Law of the Sea were able to establish the outer limit of the continental shelf, which, under certain conditions, can extend even beyond 350 nautical miles from the baseline.Disputes between states on the continental shelf mainly arise in connection with the need to distinguish between marine areas rich in sources of living and non-living resources. In such cases, it may be necessary to delineate the continental shelf between adjacent States (with a common border) or located opposite each other, i.e. their delimitation under article 83 of the Convention on the Law of the Sea. The subject of the dispute is the external legal boundary of the continental shelf of the state, where it extends beyond 200 nautical miles from the baseline of that state (the continental shelf beyond 200 nautical miles), adjoins the area that is the common heritage of mankind, outside the jurisdiction of any of the states.On the issue of determining the limits of the continental shelf beyond 200 nautical miles, the decision of the International Tribunal for the Law of the Sea of 14.03.2012 "On delimitation of maritime boundary between Bangladesh and Myanmar" is of a precedent value, since no international court has previously addressed this issue.

scholarly journals Rituals in Conflict Resolution

2013 ◽  
Vol 19 ◽  
pp. 15-23
Author(s):  
Anna Bilous
Keyword(s):  
Conflict Resolution ◽  
Social Order ◽  
World Politics ◽  
The Body ◽  
Ritual Studies ◽  
Ritual Theory ◽  
Deep Conviction ◽  
New Perspective ◽  
The Impact

While the essay will be mostly concentrated on the role of rituals in resolution of conflicts and promoting negotiations and the impact ritual theory can have on conflict resolution as a discipline, it will also try to address these general questions on substantial issues of conflict resolution development. The essay defends that the study of rituals can substantially deepen the understanding of conflict and conflict resolution in world politics. Therefore, the paper argues that the body of ritual helps to uncover practical ways of tackling the contradiction between universalism and relativism in conflict settlement/transformation. As a unique tool of social order restoration, ritual studies open a new perspective on conflict resolution and, in accordance with a deep conviction of an author? Which one?, give an opportunity to address the critic posed towards conflict resolution as a discipline.

Illegal Earnings

2018 ◽  
Vol 9 (1) ◽  
pp. 54-80
Author(s):  
James Goudkamp ◽  
Lorenz König
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
Tort Law ◽  
Contract Law ◽  
Private Law ◽  
The United Kingdom ◽  
Considerable Promise ◽  
The Subject ◽  
The Common ◽  
The Law

AbstractThis article addresses the principles of tort law that govern claims in respect of lost illegal earnings. It focuses on common law jurisdictions (and the law in the United Kingdom in particular) where such claims, despite apparently being commonplace, have been largely ignored by academics. It describes the existing law and calls in aid in this regard a four-fold taxonomy of cases. The article then turns attention to how claims in respect of lost illegal earnings ought to be decided. At this juncture, the article looks to ideas emanating from German tort law, which has developed a highly sophisticated jurisprudence on the subject of illegal earnings. The German approach, stated simply, requires tort law to defer to rules in other departments of private law. If, for example, contract law would not protect an interest that a claimant has in a particular transaction by reason of the transaction being tainted with illegality, tort law will not allow a claimant indirectly to obtain the benefits of that transaction via a claim for lost illegal earnings. It is argued that the German solution holds considerable promise and merits consideration as a serious alternative to the significantly more complicated principles that the common law courts have developed, which principles currently lack any thoroughgoing rationalisation.

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