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Oral Law
An oral law is a code of conduct in use in a given culture, religion or community application, by which a body of rules of human behaviour is transmitted by oral tradition and effectively respected, or the single rule that is orally transmitted. Many cultures have an oral law, while most contemporary legal systems have a formal written organisation. The oral tradition (from the Latin ''tradere'' = to transmit) is the typical instrument of transmission of the oral codes or, in a more general sense, is the complex of what a culture transmits of itself among the generations, "from father to son". This kind of transmission can be due to lack of other means, such as in illiterate or criminal societies, or can be expressly required by the same law. There has been a continuous debate over oral versus written transmission, with the focus on the perceived higher reliability of written evidence, primarily based on the "linear world of academia" where only written down records are accepted. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Code Of Conduct
A code of conduct is a set of rules outlining the norms, rules, and responsibilities or proper practices of an individual party or an organization. Companies' codes of conduct A company code of conduct is a set of rules which is commonly written for employees of a company, which protects the business and informs the employees of the company's expectations. It is appropriate for even the smallest of companies to create a document containing important information on expectations for employees. The document does not need to be complex or have elaborate policies. Failure of an employee to follow a company's code of conduct can have negative consequences. In '' Morgan Stanley v. Skowron'', 989 F. Supp. 2d 356 (S.D.N.Y. 2013), applying New York's faithless servant doctrine, the court held that a hedge fund's employee engaging in insider trading in violation of his company's code of conduct, which also required him to report his misconduct, must repay his employer the full $31 millio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rabbinic Judaism
Rabbinic Judaism ( he, יהדות רבנית, Yahadut Rabanit), also called Rabbinism, Rabbinicism, or Judaism espoused by the Rabbanites, has been the mainstream form of Judaism since the 6th century CE, after the codification of the Babylonian Talmud. Rabbinic Judaism has its roots in Pharisaic Judaism and is based on the belief that Moses at Mount Sinai received both the Written Torah (''Torah she-be-Khetav'') and the Oral Torah (''Torah she-be-al Peh'') from God. The Oral Torah, transmitted orally, explains the Written Torah. At first, it was forbidden to write down the Oral Torah because the rabbis feared that it would become rigid and lose its flexibility, but after the destruction of the Second Temple they decided to write it down in the Talmud and other rabbinic texts. Rabbinic Judaism contrasts with the Sadducees, Karaite Judaism and Samaritanism, which do not recognize the Oral Torah as a divine authority nor the rabbinic procedures used to interpret Jewish scripture. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Religious Law
Religious law includes ethical and moral codes taught by religious traditions. Different religious systems hold sacred law in a greater or lesser degree of importance to their belief systems, with some being explicitly antinomian whereas others are nomistic or "legalistic" in nature. In particular, religions such as Judaism, Islam and the Baháʼí Faith teach the need for revealed positive law for both state and society, whereas other religions such as Christianity generally reject the idea that this is necessary or desirable and instead emphasise the eternal moral precepts of divine law over the civil, ceremonial or judicial aspects, which may have been annulled as in theologies of grace over law. Examples of religiously derived legal codes include Christian canon law (applicable within a wider theological conception in the church, but in modern times distinct from secular state law), Jewish ''halakha'', Islamic '' sharia'', and Hindu law. Established religions and religi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal History
Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development of civilisations and operates in the wider context of social history. Certain jurists and historians of legal process have seen legal history as the recording of the evolution of laws and the technical explanation of how these laws have evolved with the view of better understanding the origins of various legal concepts; some consider legal history a branch of intellectual history. Twentieth-century historians viewed legal history in a more contextualised manner - more in line with the thinking of social historians. They have looked at legal institutions as complex systems of rules, players and symbols and have seen these elements interact with society to change, adapt, resist or promote certain aspects of civil society. Such legal historians have tended to analyse case histories from the parameters of social-science inquiry, using ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Henige
David Patrick Henige (born 1938) is an American historian, bibliographer, academic librarian and Africanist scholar. The majority of Henige's academic career has been spent in affiliation with the University of Wisconsin–Madison, where for over three decades he held the position of bibliographer in African studies at UW–Madison's Memorial Library. Education As an undergraduate, Henige attended the University of Toledo, Ohio in the 1960s, obtaining first a B.A. then a master's degree in history. In 1973 he completed a PhD in African History in 1973 at the University of Wisconsin-Madison. Henige undertook Fieldwork towards his degree in Ghana, West Africa. Henige's long association with the Memorial Library began during his PhD studies, when he worked for the library. Career After completing his PhD, Henige taught for a year at the University of Birmingham's Centre of West African Studies, a research department established a decade earlier by the noted Africanist schola ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from Sovereign state, sovereign countries to Company, companies and unincorporated Club (organization), associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organiza ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Revelation
In religion and theology, revelation is the revealing or disclosing of some form of truth or knowledge through communication with a deity or other supernatural entity or entities. Background Inspiration – such as that bestowed by God on the author of a sacred book – involves a special illumination of the mind, in virtue of which the recipient conceives such thoughts as God desires him to commit to writing, and does not necessarily involve supernatural communication. With the Age of Enlightenment in Europe, beginning about the mid-17th century, the development of rationalism, materialism and atheism, the concept of supernatural revelation itself faced skepticism. In ''The Age of Reason'' (1794–1809), Thomas Paine developed the theology of deism, rejecting the possibility of miracles and arguing that a revelation can be considered valid only for the original recipient, with all else being hearsay. Types Individual revelation Thomas Aquinas believed in two types of indi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hadith
Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approval of the Islamic prophet Muhammad as transmitted through chains of narrators. In other words, the ḥadīth are transmitted reports attributed to what Muhammad said and did. Hadith have been called by some as "the backbone" of Islamic civilization, J.A.C. Brown, ''Misquoting Muhammad'', 2014: p.6 and for many the authority of hadith as a source for religious law and moral guidance ranks second only to that of the Quran (which Muslims hold to be the word of God revealed to Muhammad). Most Muslims believe that scriptural authority for hadith comes from the Quran, which enjoins Muslims to emulate Muhammad and obey his judgements (in verses such as , ). While the number of verses pertaining to law in the Quran is relatively few, hadith are co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Customary Law
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity (''opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see ''hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Midrash
''Midrash'' (;"midrash" ''Random House Webster's Unabridged Dictionary''. he, מִדְרָשׁ; or מִדְרָשׁוֹת ''midrashot'') is expansive using a rabbinic mode of interpretation prominent in the . The word itself means "textual interpretation", "study", or " |
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