By F. J. M. Feldbrugge
ISBN-10: 900413705X
ISBN-13: 9789004137059
Legislation, as we all know it, with its principles and rituals, its tactics and pros, has no longer been round perpetually. It got here into being, it emerged, at diversified areas and assorted occasions. assets which enable us to watch the methods of law's beginnings have survived often times. during this publication, students from numerous disciplines - linguists, legal professionals, historians, anthropologists - current their findings about the earliest criminal structures of a superb number of humans and civilizations, from Mesopotamia and historic India to Greece and Rome, from the early Germanic, Celtic and Slavic international locations, but additionally from different components of the area. the final photograph is complemented through an research into the Indo-European roots of a couple of historic felony platforms, contributions from the viewpoint of criminal philosophy and conception, and an summary of the insights received.
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Legislations, as we all know it, with its ideas and rituals, its tactics and pros, has no longer been round eternally. It got here into being, it emerged, at diverse locations and diversified occasions. resources which enable us to monitor the approaches of law's beginnings have survived occasionally. during this booklet, students from numerous disciplines - linguists, legal professionals, historians, anthropologists - current their findings in regards to the earliest felony structures of a good number of humans and civilizations, from Mesopotamia and historical India to Greece and Rome, from the early Germanic, Celtic and Slavic international locations, but in addition from different elements of the realm.
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Sample text
I am referring to the dharma-shastras. The term shastra can be translated as science, discipline, or treatise. In many respects these disquisitions are closer to the courts of kings and to royal patronage than the sutras. They are also easier to listen to for non-brahmins. They are exclusively in verse, and in the same metre as the great epics Ramayana and Mahabharata, with which they also share the same cultural background. Their language is less archaic and is close to classical Sanskrit. Though the tone is at first rather ethical and even lyrical, now and then characterised by philosophical speculation, the material, especially in the so-called Manu dharma-shastra, which is probably the oldest surviving text of the genre, is distinctly juridical.
E. the part that was concerned with the brahmins’ efforts to keep alive the old Indian art of living, remained exclusively and firmly in the hands of the brahmins themselves. This feature of the history of Indian law must be understood as the natural corollary of the belief, strongly held in India even today, that power corrupts and that whoever claims authority or wants to keep it, must keep away from power and, therefore, from king and state. In India, the term ‘the authority of the state’ is a contradictio in terminis.
54 In this way it has been preserved. It is, perhaps, superfluous to say, but the text is not without damages and lacunae. But why has this part of the Drakonian ‘corpus’ been selected for this special treatment and publication? C. It deals with the procedures in case of, obviously, unintended manslaughter. Two procedures are being prescribed, which may have followed each other in practice. The dikazein, which is the task of the basileis, seems to have been the giving of a verdict ‘when the procedure is such that the judge has no choice in the matter’, while the diagnônai by the ephetai: ‘designates the actual making of a decision based on the evidence’.
The Law's Beginnings by F. J. M. Feldbrugge
by Joseph
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