This book reconsiders the foundations of contract law by clarifying the meaning of fairness and choice. It shows how these ideas were muddled with rise of voluntarism and conceptualism in the nineteenth century. Contract was defined in term of the will of the parties, even though often the parties are bound by terms to which they did not consciously assent and sometimes they are not bound by harsh terms to which they assented. Rules were formulated without regard to the purposes that contract law serves. Current theory and practice recognize these problems but cannot resolve them because they lack a clear idea of fairness in exchange. They approach them by manipulating the idea of choice, or by creating exceptions to previously accepted rules, or by introducing vaguely conceived policy considerations. Economic approaches disregard fairness entirely. This book revives a pre-nineteenth century idea of fairness in exchange. This idea is consistent with modern economic thought and can reconcile concerns about fairness, party autonomy, and the purposes that a contact serves for society and the parties themselves. This book presents an account of contract law that is principled, comprehensive, systematic, and operational in the sense that it explains or criticizes what courts actually do. It seeks to explain the enforceability of contracts, unconscionability, the effect of mistake, and changed circumstances, and problems of assent, interpretation, good faith, and remedies"--
Jurists, or legal scholars, have had a profound impact on the development of the law. Their emergence can be traced back to ancient Rome and traced through the centuries to today. Since their inception, jurists have worked in like-minded schools united by the particular project they were pursuing. The project can be described by the goal they sought and the methods they used to achieve it. These projects were heavily influenced by their historical context and as such they pursued different goals by different methods. This proved helpful to later jurists who used the writings of previous schools to learn from both their successes and their failures. However there was one crucial element that all jurists throughout the ages have had in common: their attempts to understand and explain the law. This book is an intellectual history of the work of Western jurists from ancient Rome to the present. It describes how the law has been reshaped by the work of these successive schools. For each school, the book introduces its emergence within its historical context, the prevailing aims and methods of scholars working in it; and its legacy for legal thought and scholarship.
Jurists, or legal scholars, have had a profound impact on the development of the law. Their emergence can be traced back to ancient Rome and traced through the centuries to today. Since their inception, jurists have worked in like-minded schools united by the particular project they were pursuing. The project can be described by the goal they sought and the methods they used to achieve it. These projects were heavily influenced by their historical context and as such they pursued different goals by different methods. This proved helpful to later jurists who used the writings of previous schools to learn from both their successes and their failures. However there was one crucial element that all jurists throughout the ages have had in common: their attempts to understand and explain the law. This book is an intellectual history of the work of Western jurists from ancient Rome to the present. It describes how the law has been reshaped by the work of these successive schools. For each school, the book introduces its emergence within its historical context, the prevailing aims and methods of scholars working in it; and its legacy for legal thought and scholarship.
For advanced undergraduate and beginning graduate students in atmospheric, oceanic, and climate science, Atmosphere, Ocean and Climate Dynamics is an introductory textbook on the circulations of the atmosphere and ocean and their interaction, with an emphasis on global scales. It will give students a good grasp of what the atmosphere and oceans look like on the large-scale and why they look that way. The role of the oceans in climate and paleoclimate is also discussed. The combination of observations, theory and accompanying illustrative laboratory experiments sets this text apart by making it accessible to students with no prior training in meteorology or oceanography. * Written at a mathematical level that is appealing for undergraduates and beginning graduate students * Provides a useful educational tool through a combination of observations and laboratory demonstrations which can be viewed over the web * Contains instructions on how to reproduce the simple but informative laboratory experiments * Includes copious problems (with sample answers) to help students learn the material.
The place of tort law -- Negligence (and strict liability) -- Recovery for physical harms : the case of medical malpractice -- Non-economic damage and primary victims -- Recovery of secondary victims for economic harm and emotional distress -- Compensation for pure economic loss -- Causation -- Products liability.
Colossians and Ephesians present some of the highest statements of Christology in the New Testament. How is it that Christ came to be conceived not only as the Savior of humanity but also as the divine Lord over the whole cosmos? While previous scholars have looked to Wisdom traditions and Greco-Roman cosmology to provide background for the Christology of Colossians and Ephesians, James Crockett demonstrates that Jewish royal ideology provides the key conceptual background through which the Christology of these letters was formed. Crockett begins by demonstrating how Jewish literature reveals God’s intent to enact his rule over creation through his enthroned king, a plan which begins with Adam and continues with the promise of the ideal Davidic king. Crockett then shows how Paul utilizes and expands upon Jewish royal ideological themes to portray Christ as the supreme cosmic king through whom God reestablishes cosmic harmony.
Amid conflicting ideas about what the church should be and do in a post-Christian climate, the missing voice is that of Paul. The New Testament's most prolific church planter, Paul faced diverse challenges as he worked to form congregations. Leading biblical scholar James Thompson examines Paul's ministry of planting and nurturing churches in the pre-Christian world to offer guidance for the contemporary church. The church today, as then, must define itself and its mission among people who have been shaped by other experiences of community. Thompson shows that Paul offers an unprecedented vision of the community that is being conformed to the image of Christ. He also addresses contemporary (mis)understandings of words like missional, megachurch, and formation.
The Science of Conjecture provides a history of rational methods of dealing with uncertainty and explores the coming to consciousness of the human understanding of risk.
A holistic view of human development that rejects the conventional stages of childhood, adulthood, and old age When we talk about human development, we tend to characterize it as proceeding through a series of stages in which we are first children, then adolescents, and finally, adults. But as James Bernard Murphy observes, growth is not limited to the young nor is decline limited to the aged. We are never trapped within the horizon of a particular life stage: children anticipate adulthood and adults recapture childhood. According to Murphy, the very idea of stages of life undermines our ability to see our lives as a whole. In Your Whole Life, Murphy asks: what accounts for the unity of a human life over time? He advocates for an unconventional, developmental story of human nature based on a nested hierarchy of three powers—first, each person's unique human genome insures biological identity over time; second, each person's powers of imagination and memory insure psychological identity over time; and, third, each person's ability to tell his or her own life story insures narrative identity over time. Just as imagination and memory rely upon our biological identity, so our autobiographical stories rest upon our psychological identity. Narrative is not the foundation of personal identity, as many argue, but its capstone. Engaging with the work of Aristotle, Augustine, Jesus, and Rousseau, as well as with the contributions of contemporary evolutionary biologists and psychologists, Murphy challenges the widely shared assumptions in Western thinking about personhood and its development through discrete stages of childhood, adulthood, and old age. He offers, instead, a holistic view in which we are always growing and declining, always learning and forgetting, and always living and dying, and finds that only in relation to one's whole life does the passing of time obtain meaning.
This collection of readings places side by side the principal doctrines of contracts, torts, unjust enrichment, and property in the cases of the United States, England, France, Germany and China. It presents code provisions, cases, and other legal materials that describe the law in force, and places each doctrine in its historical context to enable an understanding of the development of law as an ongoing process, in which the resolution of current issues depends upon how past issues were resolved. It both provides a road map of the private law of these jurisdictions, and illustrates how private law has been shaped by history, by the effort to solve common problems, and by differences in culture. This new edition reflects changes in the law, and includes the addition of Chinese Law as a comparative study.
It is impossible to understand how the medieval church functioned -- and in turn influenced and controlled the lay world within its care -- without understanding the development, character and impact of `canon law', its own distinctive law code. However important, this can seem a daunting subject to non-specialists. They have long needed an attractive but authoritative introduction, avoiding arid technicalities and setting the subject in its widest context. James Brundage's marvellously fluent and accessible book is the perfect answer: it will be warmly welcomed by medievalists and students of ecclesiastical and legal history.
Serving as a single volume introduction to the field as a whole, this ninth edition of Brownlie's Principles of International Law seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level.
In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin. In their theories of positive law, Murphy argues, these thinkers represent successive chapters in a single fascinating story. That story revolves around a fundamental ambiguity: is law positive because it is deliberately imposed (as opposed to customary law) or because it lacks moral necessity (as opposed to natural law)? These two senses of positive law are not coextensive yet the discourse of positive law oscillates unstably between them. What, then, is the relation between being deliberately imposed and lacking moral necessity? Murphy demonstrates how the discourse of positive law incorporates both normative and descriptive dimensions of law, and he discusses the relation of positive law not only to jurisprudence but also to the philosophy of language, ethics, theories of social order, and biblical law.
The basics of international criminal law, how it is actually enforced, and the arguments it has provoked are all introduced in a book that is as current as the headline news. International Crime and Punishment: A Guide to the Issues explores the many facets of this relatively new field of criminal law, an autonomous branch of law that concerns international crimes and the systems set up to handle individuals who are accused of committing them. As the author explains, international crimes include crimes against humanity, crimes against peace, war crimes, trafficking in human beings, drug trafficking, money laundering, arms trafficking, and smuggling of cultural artifacts. The laws may seem straightforward, but the system is not without controversy. As the author shows, the United States has opposed certain actions of the International Criminal Court, while other countries have objected to U.S. plans to refer persons accused of terrorism to military tribunals. Clearly and cogently, this work introduces the principles of international criminal law, its enforcement, and the conflicts that have arisen as a result. Journalists, policymakers, students, and educated citizens will find the book an essential tool for unraveling today's news stories.
This book reviews the responsibility of states for acts contrary to international law and examines the connections between institutions, rules and practice.
This text introduces students to the study of law from a sociological perspective by focusing on four themes: the relationship between law and society; law in everyday life; the role of race, class and gender in the legal system; and current political debates that are connected to law. While explaining the essentials elements of law, and drawing on scholarly literature and relevant cases, the author does not advocate for normative views on law and the legal system. The text compares laws across various societies, discusses international law, and demonstrates how the laws of certain countries affect those of others--providing readers with insights into the nature of law within any society.
Juan de Solorzano Pereira (1575-1654) was a lawyer who spent eighteen years as a judge in Peru before returning to Spain to serve on the Councils of Castile and of the Indies. Considered one of the finest lawyers in Spain, his work, De Indiarum Jure, was the most sophisticated defense of the Spanish conquest of the Americas ever written, and he was widely cited in Europe and the Americas until the early nineteenth century. His work, and that of the Spanish School of international law theorists generally, is often seen as leading to Hugo Grotius and modern international law. However, as James Muldoon shows, the De Indiarum Jure represents the fullest development of a medieval Catholic theory of international order that provided an alternative to the Grotian theory.
Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems.
Whether he is asking about the role of New Testament exegesis among other academic disciplines, the suppression of anger in Pauline writings, or at what point came to designate a written "Gospel," James A. Kelhoffer's patient and careful exegesis provides an intriguing lens through which to view early Christianity. Many struggles of early Christ believers, he finds, reflect intra-ecclesial struggles to establish the legitimacy of a view or a religious leader vis-a-vis competing ideologies or leaders. Those already familiar with Kelhoffer's Miracle and Mission (2000), The Diet of John the Baptist (2005) and Persecution, Persuasion and Power (2010) will find in this volume refreshing insights suggested but not developed in his other books.
James H. Charlesworth begins from a burgeoning point of scholarly consensus: More and more scholars are coming to recognize that the Fourth Gospel is more historically complex than previously thought. Charlesworth outlines two historical horizons within John. On the one hand, there is the Jewish background to the text (complete with the evangelist's knowledge of Palestinian geography and Jewish customs) which Charlesworth perceives as offering a window into pre-70 Palestinian Judaism. On the other hand, the gospel also reflects a post-70 world in which non-believing Jews, with more unity, begin to part definitely with those who identified Jesus as the Messiah. Split into four sections, this volume first examines the origins of the Fourth Gospel, its evolution in several editions, and its setting in Judea and Galilee. Charlesworth then looks specifically at the figure of Jesus and issues of history. He proceeds to consider this Gospel alongside earlier and contemporaneous Jewish literature, most notably the Dead Sea Scrolls. Finally, the volume engages with John's symbolism and language, looking closely at key aspects in which John differs from the Synoptic Gospels, and raising such provocative questions as whether or not it is possible that Jesus married Mary Magdalene. From one of the New Testament's most noted scholars, this book allows deeper understanding of the ways in which the Gospel of John is a vital resource for understanding both the origin of Christianity and Jesus' position in history.
This book is the culmination of a career of researching and teaching Paul's letters. Highly respected senior New Testament scholar James Thompson offers a unique approach to Pauline theology, focusing on Paul's attempts to persuade his audience toward moral formation. Thompson recognizes Paul as a pastor who brought together theology and rhetoric to encourage spiritual formation in his communities. Attempts to find total consistency in Paul's writings fail, says Thompson, because Paul's persuasive tactics changed depending on the situation he was addressing.
To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.
James A. Kelhoffer examines an often overlooked aspect of New Testament constructions of legitimacy, namely the value of Christians' withstanding persecution as a means of corroborating their religious identity as Christ's followers. The introductory chapter defines the problem in interaction with sociologist Pierre Bourdieu's concept of cultural capital. Chapters 2-10 examine the depictions of persecuted Christians in the Pauline letters, First Peter, Hebrews, Revelation, the NT Gospels, and Acts. These exegetical analyses support the conclusion that assertions of standing, authority, and power claimed on the basis of persecution play a significant and heretofore under-appreciated role in much of the NT. It is also argued that depictions of persecution can have both positive implications for the persecuted and negative implications for the depicted persecutors in constructions of legitimation.An epilogue considers later examples of early Christian martyrs and confessors, as well as John Foxe's Book of Martyrs . The epilogue also addresses the ethical and hermeneutical problem of asserting the withstanding of persecution as a basis of legitimacy in ancient and modern contexts. This problem stems from the observation that, although the NT authors present their construals of withstanding persecution as a basis of legitimation as if they were self-evident, such assertions are actually the culmination of numerous presuppositions and are therefore open to dissenting viewpoints. Yet the NT authors do not acknowledge the possibility of competing interpretations, or that oppressed Christians could someday become oppressors. Accordingly, this exegetical study calls attention to an ethical and hermeneutical problem that the NT bequeaths to the modern interpreter, a problem inviting input from ethicists and other theologians.
Although many modern philosophers of law describe custom as merely a minor source of law, formal law is actually only one source of the legal customs that govern us. Many laws grow out of custom, and one measure of a law's success is by its creation of an enduring legal custom. Yet custom and customary law have long been neglected topics in unsettled jurisprudential debate. Smaller concerns, such as whether customs can be legitimized by practice or by stipulation, stipulated by an authority or by general consent, or dictated by law or vice versa, lead to broader questions of law and custom as alternative or mutually exclusive modes of social regulation, and whether rational reflection in general ought to replace sub-rational prejudice. Can legal rules function without customary usage, and does custom even matter in society? The Philosophy of Customary Law brings greater theoretical clarity to the often murky topic of custom by showing that custom must be analyzed into two more logically basic concepts: convention and habit. James Bernard Murphy explores the nature and significance of custom and customary law, and how conventions relate to habits in the four classic theories of Aristotle, Francisco Suarez, Jeremy Bentham, and James C. Carter. He establishes that customs are conventional habits and habitual conventions, and allows us to better grasp the many roles that custom plays in a legal system by offering a new foundation of understanding for these concepts.
The men and women that followed the 6th-century customs of Benedict of Nursia (c.480-c.547) formed the most enduring, influential, numerous and widespread religious order of the Latin Middle Ages. This text follows the Benedictine Order over 11 centuries, from their early diaspora to the challenge of continental reformation.
James R. Harrison investigates the collision between Paul's eschatological gospel and the Julio-Claudian conception of rule. The ruler's propaganda, with its claim about the 'eternal rule' of the imperial house over its subjects, embodied in idolatry of power that conflicted with Paul's proclamation of the reign of the risen Son of God over his world. This ideological conflict is examined in 1 and 2 Thessalonians and in Romans, exploring how Paul's eschatology intersected with the imperial cult in the Greek East and in the Latin West. A wide selection of evidence - literary, documentary, numismatic, iconographic, archeological - unveils the 'symbolic universe' of the Julio-Claudian rulers. This construction of social and cosmic reality stood at odds with the eschatological denouement of world history, which, in Paul's view, culminated in the arrival of God's new creation upon Christ's return as Lord of all. Paul exalted the Body of Christ over Nero's 'body of state', transferring to the risen and ascended Jesus many of the ruler's titles and to the Body of Christ many of the ruler's functions. Thus, for Paul, Christ's reign challenged the values of Roman society and transformed its hierarchical social relations through the Spirit.
This volume collects some of the best recent writings on St. Thomas‘s philosophy of law and includes a critical examination of Aquinas‘s theory of the relation between law and morality, his natural law theory, as well as the modern reformulation of his approach to natural rights. The volume shows how Aquinas understood the importance of positive law and demonstrates the modern relevance of his writings by including Thomistic critiques of modern jurisprudence and examples of applications of Thomistic jurisprudence to specific modern legal problems such as federalism, environmental policy, abortion and euthanasia. The volume also features an introduction which places Aquinas‘s writings in the context of modern jurisprudence as well as an extensive bibliography. The volume is suited to the needs of jurisprudence scholars, teachers and students and is an essential resource for all law libraries.
The book, which consists of some previously published and unpublished essays, examines a variety of issues relevant to the study of ancient Judaism and Christianity and their interaction, including polemic, proselytism, biblical interpretation, messianism, the phenomenon normally described as Jewish Christianity, and the fate of the Jewish community after the Bar Kokhba revolt, a period of considerable importance for the emergence not only of Judaism but also of Christianity. The volume, typically for a collection of essays, does not lay out a particular thesis. If anything binds the collection together, it is the author's attempt to set out the major fault lines in current debate about these disputed subjects, and in the process to reveal their complex and entangled character.
Written by leading experts who have shaped and defined the law of restitution, the book provides an authoritative and scholarly guide to the subject. The second edition of this seminal title continues the formula of the first edition by combining a comprehensive coverage of cases with extracts from leading academic authorities.
Australian Catholics have made a unique contribution to the nation. At its centre is a solid grasp of the objectivity of ethics. Persons or societies cannot "choose their own values", because what is right and wrong is founded in the way things are. In his wide-ranging book on Australian Catholic thought and action, James Franklin, author of the much-praised polemical history of Australian philosophy, Corrupting the Youth, shows how core Catholic values have played out in the issues where Catholics have challenged their host society - in debates on land rights, immigration and values in schools, and in combats with Freemasons, Protestants and Communists.
Colossians and Ephesians present some of the highest statements of Christology in the New Testament. How is it that Christ came to be conceived not only as the Savior of humanity but also as the divine Lord over the whole cosmos? While previous scholars have looked to Wisdom traditions and Greco-Roman cosmology to provide background for the Christology of Colossians and Ephesians, James Crockett demonstrates that Jewish royal ideology provides the key conceptual background through which the Christology of these letters was formed. Crockett begins by demonstrating how Jewish literature reveals God's intent to enact his rule over creation through his enthroned king, a plan which begins with Adam and continues with the promise of the ideal Davidic king. Crockett then shows how Paul utilizes and expands upon Jewish royal ideological themes to portray Christ as the supreme cosmic king through whom God reestablishes cosmic harmony.
The law of the sea is an important area of international law which must be able to adapt to the changing needs of the international community. Making the Law of the Sea examines how various international organizations have contributed to the development of this law and what kinds of instruments and law-making techniques have been used. Each chapter considers a different international institution - including the International Maritime Organization and the United Nations - and analyses its functions and powers. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. Potential problems for the development of the law of the sea are considered and solutions are proposed. In particular, James Harrison explores and evaluates the current methods employed by international institutions to coordinate their law-making activities in order to overcome fragmentation of the law-making process.
Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.
Studies of the historical Jesus typically reduce John the Baptist to a subordinate role in the story of Christian origins. This meticulous historical study focuses on John himself, revealing his extensive and enduring influence. In the popular imagination, John the Baptist plays the supporting role of Jesus’s unkempt forerunner. But meticulous historical study reveals his wide-reaching and enduring influence on the history of religion. The first study of its kind, John of History, Baptist of Faith sheds light on the historical John the Baptist and his world. James F. McGrath applies historical-critical methodology not only to the New Testament but also to the Mandaean Book of John, a holy text of the last extant gnostic sect. McGrath uses the teachings of John’s pupil, Jesus, as a window into his mentor’s beliefs. Along the way, he brings new clarity to questions of contention among scholars, such as John’s use of immersion as a substitute for temple sacrifice. Bold in its claims yet careful in its method, John of History, Baptist of Faith lends fresh insight into John, Jesus, and their world. McGrath’s pioneering monograph will challenge and intrigue students and scholars of the New Testament and Second Temple Judaism.
This will help us customize your experience to showcase the most relevant content to your age group
Please select from below
Login
Not registered?
Sign up
Already registered?
Success – Your message will goes here
We'd love to hear from you!
Thank you for visiting our website. Would you like to provide feedback on how we could improve your experience?
This site does not use any third party cookies with one exception — it uses cookies from Google to deliver its services and to analyze traffic.Learn More.