The Boundaries of Meaning and the Formation of Law: Legal Concepts and Reasoning in the English, Arabic, and Chinese TraditionsMcGill-Queen's Press - MQUP, 2006年4月18日 - 322 頁 Different legal systems share some basic developmental tendencies that are rooted in the historical evolution of language and culture. In this comparative history of English common law, Islamic law, and Chinese imperialist law Sharron Gu describes the formation of three diverse legal systems in terms of their unique linguistic environments. She argues that the characteristics of each language define the nature of the common, statute, administrative, and religious laws associated with it and set the boundaries for its legal imagination. |
內容
| 3 | |
Legal Language Reasoning and the Structure of Legislation The Authority of Words and the Words of Authority in English Chinese and Islamic Law | 107 |
Conclusion | 190 |
Notes | 193 |
Bibliography | 235 |
Index | 283 |
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常見字詞
abstract according ambiguous ancient Arabic associated authority became believed binding Book boundaries Cambridge century changed Chinese claim clarified Code Common Law concept concrete conduct court created defined derived determined developed distinct divine Documents dynasty early English English Common Law established evidence example expanded expressed facts formal function given heaven History human ideas intent interpretation introduced Islamic law judge judgment judicial juristic justice king land language later Latin legal language legislation less levels linguistic lord Maitland meanings moral nature oath oral Origins Oxford particular parties period political practice principles procedure proof Prophet punishment Qur’an reasoning referred regarded relationship remained result ritual royal ruler rules sanction sense served social specific statutes structure Studies sunna Tang texts things tion tradition trans transformed truth University Press various witnesses words writs written
熱門章節
第 117 頁 - There is a wisdom which knows when to go and when to return, what is to be done and what is not to be done, what is fear and what is courage, what is bondage and what is liberation - that is pure wisdom.
第 69 頁 - ... writer refuse writing according to what God hath taught him ; but let him write, and let him who oweth the debt dictate, and let him fear God his Lord, and not diminish aught thereof. But if he who oweth the debt be foolish, or weak, or be not able to dictate himself, let his agent...
第 131 頁 - But it is much otherwise with a king whose government is political, because he can neither make any alteration or change in the laws of the realm without the consent of the subjects, nor burden them against their wills with strange impositions, so that a people governed by such laws as are made by their own consent and approbation enjoy their properties securely, and without the hazard of being deprived of them, either by the king or any other.
第 131 頁 - A king of England cannot at his pleasure make any alterations in the laws of the land, for the nature of his government is not only regal, but political.
第 145 頁 - Gospel, bidding them to honour, and forbidding them dishonour, making lawful for them the good things and making unlawful for them the corrupt things, and relieving them of their loads, and the fetters that were upon them.
第 49 頁 - O unbelievers, I serve not what you serve and you are not serving what I serve, nor am I serving what you have served, neither are you serving what I serve. To you your religion, and to me my religion!
第 7 頁 - I was not at rede nor at deed, neither counsellor nor doer, where were unlawfully led away N.'s cattle. But as I cattle have, so did I lawfully obtain it. And : as I vouch it to warranty, so did he sell it to me into whose hand I now set it.
第 69 頁 - O believers, when you contract a debt one upon another for a stated term, write it down, and let a scribe write it down between you justly...
第 52 頁 - O children of Israel, remember my favor wherewith I have favored you; and perform your covenant with me and I will perform my covenant with you; and revere me: and believe in the revelation which I have sent down, confirming that which is with you, and be not the first who believe not therein, neither exchange my signs for a small price; and fear me. Clothe not the truth with vanity, neither conceal the truth against your own knowledge; observe the stated times of prayer, and pay your legal alms,...