Search Results: the-spirits-and-the-law

The Spirits and the Law

Vodou and Power in Haiti

Author: Kate Ramsey

Publisher: University of Chicago Press

ISBN: 0226703819

Category: Social Science

Page: 448

View: 3671

Vodou has often served as a scapegoat for Haiti’s problems, from political upheavals to natural disasters. This tradition of scapegoating stretches back to the nation’s founding and forms part of a contest over the legitimacy of the religion, both beyond and within Haiti’s borders. The Spirits and the Law examines that vexed history, asking why, from 1835 to 1987, Haiti banned many popular ritual practices. To find out, Kate Ramsey begins with the Haitian Revolution and its aftermath. Fearful of an independent black nation inspiring similar revolts, the United States, France, and the rest of Europe ostracized Haiti. Successive Haitian governments, seeking to counter the image of Haiti as primitive as well as contain popular organization and leadership, outlawed “spells” and, later, “superstitious practices.” While not often strictly enforced, these laws were at times the basis for attacks on Vodou by the Haitian state, the Catholic Church, and occupying U.S. forces. Beyond such offensives, Ramsey argues that in prohibiting practices considered essential for maintaining relations with the spirits, anti-Vodou laws reinforced the political marginalization, social stigmatization, and economic exploitation of the Haitian majority. At the same time, she examines the ways communities across Haiti evaded, subverted, redirected, and shaped enforcement of the laws. Analyzing the long genealogy of anti-Vodou rhetoric, Ramsey thoroughly dissects claims that the religion has impeded Haiti’s development.

Fire and the Spirits

Cherokee Law from Clan to Court

Author: Rennard Strickland

Publisher: University of Oklahoma Press

ISBN: 9780806116198

Category: Social Science

Page: 282

View: 7479

Volume 133 in The Civilization of the Americas Series This book traces the emergency of the Cherokee system of laws from the ancient spirit decrees to the fusion of tribal law ways with Anglo-American law. The Cherokees enacted their first written law in 1808 in Georgia. In succeeding years the leaders and tribal councils of the southeastern and Oklahoma groups wrote a constitution, established courts, and enacted laws that were in accord with the old tribal values but reflected and accommodated to the whites' legal system. Thanks to the great gift of Sequoyah-his syllabary-the Cherokees were well versed in their laws, able to read and interpret them from a very early time. The system served the people well. It endured until 1898, when the federal government abolished the tribal government. The author provides a brief review of Cherokee history and explains the circumstances surrounding the stages of development of the legal system. Excerpts from editorials in the Cherokee Phoenix and the Cherokee Advocate, letters, and tribal documents give added insight into the problems the Cherokees faced and their efforts to resolve them. Of particular interest is a series of charts explaining the complex Cherokee spirit system of crimes (or "deviations") and the punishments meted out for them. A legal historian of Osage and Cherokee heritage, Rennard Strickland is considered a pioneer in introducing Indian law into university curriculum. He has written and edited more than 35 books and is frequently cited by courts and scholars for his work as revision editor in chief of the Handbook of Federal Indian Law. Strickland has been involved in the resolution of a number of significant Indian cases. He was the founding director of the Center for the Study of American Indian Law and Policy at the University of Oklahoma. He is the first person to have served both as president of the Association of American Law Schools and as chair of the Law School Admissions Council. He is also the only person to have received both the Society of American Law Teachers (SALT) Award and the American Bar Association's Spirit of Excellence Award. Strickland was the dean of the law school from 1997 to 2002.

"The Law of the Spirit"

Experience of the Spirit and Displacement of the Law in Romans 8:1-16

Author: John Anthony Bertone

Publisher: Peter Lang

ISBN: 9780820478531

Category: Religion

Page: 351

View: 5731

Paul’s explication of the relationship between the Spirit and Law in Romans 8 has been the subject of protracted scholarly debate. In Romans 7:6 Spirit and Law are set in opposition to each other. However, in Romans 8:4 they appear conjoined, operating in a more harmonious manner. With the use of cognitive dissonance theory, this book proposes that Paul perceived a state of dissonance between covenantal nomism and his post-Damascus cognitions on the Spirit. As a result, he attempts to reduce the qualitative distinction between these two clusters of cognitions by establishing cognitive overlap between them and by striving to achieve social validation for his cognitions within his own fictive family of Roman believers with whom he shared the experience of the Spirit.

The Spirit of Japanese Law

Author: John Owen Haley

Publisher: University of Georgia Press

ISBN: 0820328871

Category: Law

Page: 251

View: 4415

The Spirit of Japanese Law focuses on the century following the Meiji Constitution, Japan's initial reception of continental European law. As John Owen Haley traces the features of contemporary Japanese law and its principal actors, distinctive patterns emerge. Of these none is more ubiquitous than what he refers to as the law's "communitarian orientation." While most westerners may view judges as Japanese law's least significant actors, Haley argues that they have the last word because their interpretations of constitution and codes define the authority and powers they and others hold. Based on a "sense of society," the judiciary confirms bonds of village, family, and firm, and "abuse of rights" and "good faith" similarly affirms community. The Spirit of Japanese Law concludes with constitutional cases that help explain the endurance of community in contemporary Japan.

The Spirit of Hindu Law

Author: Donald R. Davis, Jr

Publisher: Cambridge University Press

ISBN: 1139485318

Category: Religion

Page: N.A

View: 5607

Law is too often perceived solely as state-based rules and institutions that provide a rational alternative to religious rites and ancestral customs. The Spirit of Hindu Law uses the Hindu legal tradition as a heuristic tool to question this view and reveal the close linkage between law and religion. Emphasizing the household, the family, and everyday relationships as additional social locations of law, it contends that law itself can be understood as a theology of ordinary life. An introduction to traditional Hindu law and jurisprudence, this book is structured around key legal concepts such as the sources of law and authority, the laws of persons and things, procedure, punishment and legal practice. It combines investigation of key themes from Sanskrit legal texts with discussion of Hindu theology and ethics, as well as thorough examination of broader comparative issues in law and religion.

The Spirit of the Common Law

Author: Roscoe Pound

Publisher: Transaction Publishers

ISBN: 9781412839112

Category: Law

Page: 224

View: 7838

The Spirit of the Common Law is one of Roscoe Pound's most notable works. It contains the brilliant lectures he delivered at Dartmouth College in the summer of 1921. It is a seminal book embodying the spiritual essence of sociological jurisprudence by its leading prophet. This work is both a celebration of the common law and a warning for common law judges and lawyers to return to and embrace the pragmatism and judicial empiricism that define and energize the common law. The two fundamental doctrines of the common law, Pound writes, are the doctrine of precedents and the doctrine of supremacy of law. In an earlier preface, Justice Arthur J. Goldberg writes that The Spirit of the Common Law will always be treasured by judges and lawyers for its philosophy and history, but more importantly for Roscoe Pound's optimism and faith in the capacity of law to keep up with the times without sacrificing fundamental values. It is a faith built upon the conviction that the present is not to be divorced from the past, but rather that the past and the present are to be built upon to make a better future. Neil Hamilton and Mathias Alfred Jaren provide a biographical introduction to the book. They discuss the various influences upon Pound's scholarly pursuits and they analyze many of his writings that led up to The Spirit of the Common Law. This volume is a necessary addition to the libraries of legal scholars and professionals, sociologists, and philosophers.

The Laws of the Spirit World

Author: Khorshed Bhavnagri

Publisher: Jaico Publishing House

ISBN: 817992985X

Category: Religion

Page: 380

View: 3429

WITH A BRAND NEW LOOK! ON FEBRUARY 22, 1980, KHORSHED AND RUMI BHAVNAGRI’S WORLD WAS SHATTERED. ONE MONTH LATER, A NEW ONE OPENED. Khorshed and Rumi Bhavnagri lost their sons, Vispi and Ratoo, in a tragic car crash. With both their sons gone, the couple felt they would not survive for long. They had lost all faith in God until a miraculous message from the Spirit World gave them hope and sent them on an incredible journey.

The Power of the Spirit

Author: William Law

Publisher: CLC Publications

ISBN: 1936143658

Category: Religion

Page: 180

View: 1817

William Law emphasizes “the truth of our dependence upon the continual leading of the Spirit, and the assurance that that leading can be enjoyed without interruption.” Although a generally modernized version of Andrew Murray’s 1896 edition, Dave Hunt weaves together appropriate thoughts from Law’s major works, enriching the book for today’s reader.

The Spirit of Laws

A Compendium of the First English Edition

Author: Charles de Secondat Montesquieu, baron de,Charles-Louis De Montesquieu

Publisher: Univ of California Press

ISBN: 9780520034556

Category: Philosophy

Page: 516

View: 4303

Montesquieu's The Spirit of Laws is an enduring classic of social and political theory deserving a fresh reading every generation. The modern reader, however, is likely to find a work that ran to over a thousand pages in its two-volume first edition a bit overwhelming. Presented here, therefore, is the first English-language compendium of The Spirit of Laws, together with the first English translation of the posthumously published treatise containing the physiological theory underlying Montesquieu's theory of climate.

The Spirit of Islamic Law

Author: Bernard G. Weiss

Publisher: University of Georgia Press

ISBN: 0820328278

Category: Law

Page: 211

View: 708

Focuses on a Muslim legal science known in Arabic as usul al-fiqh. Whereas the kindred science of fiqh is concerned with the articulation of actual rules of law, this science attempts to elaborate the theoretical and methodological foundations of the law. It outlines the features of Muslim juristic thought.

The Spirit of Roman Law

Author: Alan Watson

Publisher: University of Georgia Press

ISBN: 0820330612

Category: Law

Page: 241

View: 2378

This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly on interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law--the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.

The spirit of laws

Author: Charles de Secondat Montesquieu (baron de)

Publisher: N.A


Category: Jurisprudence

Page: N.A

View: 6199

Montesquieu: The Spirit of the Laws

Author: Anne M. Cohler, Basia Carolyn Miller and Harold Samuel Stone

Publisher: Cambridge University Press

ISBN: 1107384826


Page: N.A

View: 7489

True Christianity; Or, the Whole Economy of God Towards Man, and the Whole Duty of Man, Towards God. In Four Books. Written Originally in the German Language

Author: Johann Arndt

Publisher: N.A


Category: Christianity

Page: 487

View: 5403

Montesquieu's Philosophy of Liberalism

A Commentary on The Spirit of the Laws

Author: Thomas L. Pangle

Publisher: University of Chicago Press

ISBN: 9780226645452

Category: Philosophy

Page: 336

View: 4134

This first comprehensive commentary on The Spirit of the Laws uncovers and explicates the plan of Montesquieu's famous but baffling treatise. Pangle brings to light Montesquieu's rethinking of the philosophical groundwork of liberalism, showing how The Spirit of the Laws enlarges and enriches the liberal conception of natural right by means of a new appeal to History as the source of basic norms.

The Spirit of Korean Law

Korean Legal History in Context

Author: Marie Kim

Publisher: Brill | Nijhoff

ISBN: 9004306013

Category: Law

Page: 282

View: 9561

The first book on Korean legal history in English written by a group of leading scholars, The Spirit of Korean Law examines the developments of Korean law from the Chosŏn to colonial and modern periods from the perspective of comparative legal traditions.

The Spirit of International Law

Author: David J. Bederman

Publisher: University of Georgia Press

ISBN: 0820328731

Category: Law

Page: 274

View: 6343

As our society becomes more global, international law is taking on an increasingly significant role, not only in world politics but also in the affairs of a striking array of individuals, enterprises, and institutions. In this comprehensive study, David J. Bederman focuses on international law as a current, practical means of regulating and influencing international behavior. He shows it to be a system unique in its nature--nonterritorial but secular, cosmopolitan, and traditional. Part intellectual history and part contemporary review, The Spirit of International Law ranges across the series of cyclical processes and dialectics in international law over the past five centuries to assess its current prospects as a viable legal system. After addressing philosophical concerns about authority and obligation in international law, Bederman considers the sources and methods of international lawmaking. Topics include key legal actors in the international system, the permissible scope of international legal regulation (what Bederman calls the "subjects and objects" of the discipline), the primitive character of international law and its ability to remain coherent, and the essential values of international legal order (and possible tensions among those values). Bederman then measures the extent to which the rules of international law are formal or pragmatic, conservative or progressive, and ignored or enforced. Finally, he reflects on whether cynicism or enthusiasm is the proper attitude to govern our thoughts on international law. Throughout his study, Bederman highlights some of the canonical documents of international law: those arising from famous cases (decisions by both international and domestic tribunals), significant treaties, important diplomatic correspondence, and serious international incidents. Distilling the essence of international law, this volume is a lively, broad, thematic summation of its structure, characteristics, and main features.

Montesquieu: The Spirit of the Laws

Author: Charles de Secondat baron de Montesquieu,Anne M. Cohler,Basia Carolyn Miller,Harold Samuel Stone

Publisher: Cambridge University Press

ISBN: 9780521369749

Category: History

Page: 757

View: 3778

The Spirit of the Laws is without question one of the central texts in the history of eighteenth-century thought, yet there has been no complete scholarly English language edition since 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. Fully annotated, this edition focuses on Montesquieu's use of sources and his text as a whole, rather than on those opening passages toward which critical energies have traditionally been devoted.

The Spirit of Laws

Author: Charles Baron De Montesquieu

Publisher: Cosimo, Inc.

ISBN: 1616405287

Category: Political Science

Page: 702

View: 9570

The Spirit of Laws, first published in 1750, is a detailed treatise on the structures and theory of government by French political philosopher Baron de Montesquieu. Unlike his well-loved Persian Letters, The Spirit of Laws scandalized the French-it was even banned by the Roman Catholic Church. The fact that it is hardly dated to modern readers is a testament to how revolutionary it must have seemed 250 years ago. Among its comparisons of different forms of governments, such as monarchies, despotic regimes, and republics, is the now-famous section on Montesquieu's concept of the separation of powers, dividing the ruling body into legislative, executive, and judicial branches. Also included is the author's thinking on slavery, religion in government, families and censuses, the influence of climate on politics and culture, and the making of laws. A powerful influence on the framers of the U.S. Constitution, this classic work will appeal to history buffs and anyone interested in the roots of modern political theory and government. CHARLES-LOUIS DE SECONDAT, BARON DE MONTESQUIEU (1689-1755), born in the South of France and often known simply as Montesquieu, was a political philosopher and social commentator known for his influential political views, especially for his "separation of power" theory, still used today in constitutions around the world. Some of his best-known work, the satirical Persian Letters, which made fun of life in Paris under Louis XIV, delighted France in the 1720s.

A Treatise on the Spirit and the Letter

Author: Saint Augustine of Hippo,Aeterna Press

Publisher: Aeterna Press


Category: Religion

Page: N.A

View: 4627

The person to whom I had addressed the three books entitled De Peccatorum Meritis et Remissione, in which I carefully discussed also the baptism of infants, informed me, when acknowledging my communication, that he was much distrurbed because I declared it to be possible that a man might be without sin, if he wanted not the will, by the help of God, although no man either had lived, was living, or would live in this life so perfect in righteousness. He asked how I could say that it was possible of which no example could be adduced. Aeterna Press

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