the people at all times. The difficult cases they brought to Moses, but the simple ones they decided themselves.’ 24 Steinsaltz , Essential Talmud (1976) at 164. The court of lay
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Chapter
4. A Talmudic Legal Tradition: The Perfect Author
Chapter
10. Reconciling Legal Traditions: Sustainable Diversity in Law
for resolving individual cases in the middle ground. Neither opposing principle is exclusively dispositive of any individual case. To resolve an individual case, both principles must be
Chapter
1. A Theory of Tradition? The Changing Presence of the Past
traditions, actively discouraged in others. In all cases, however, the exchange of information, from person to person, is essential, even if it consists in the giving of orders. There
Chapter
7. A Common Law Tradition: the Ethic of Adjudication
here to return to), 137 has come about through three essential techniques or concepts. Military means have supplemented them in case of need, but often there has been surprisingly little
Chapter
3. A Chthonic Legal Tradition: to Recycle the World
particularly the case in Africa, where rights proponents advance two distinct theses. The first would see rights, and the means of their implementation, as essential instruments in the
Chapter
2. Between Traditions: Identity, Persuasion and Survival
contact; identity is then constructed by explicit or implicit opposition. The other becomes essential in the process of self-understanding. At the same time the other is an ongoing menace
Chapter
6. An Islamic Legal Tradition: The Law of a Later Revelation
instruments, you will find ways of changing the result of your case from those of previous cases (not that the cases control in any way). Analogy can move in different directions;
Chapter
9. A Confucian Legal Tradition: Make it New (with Marx?)
western discussion those who argued the case for fa in China are known as legalists (and sometimes realists) and they have been making the case since before Confucius, at least since
Chapter
8. A Hindu Legal Tradition: The Law as King, but which Law?
recognizable as law, though there are many songs, prayers, hymns and sayings, all considered essential to a hindu way of life. What makes the Vedas different, as revelation (aside from their
Chapter
5. A Civil Law Tradition: The Centrality of The Person
(forthcoming). 138 For this essential difference between national and European codification efforts, L. Antoniolli , F. Fiorentini and J. Gordley , ‘A Case-Based Assessment of the Draft