historiography of the Manchu period (Elverskog 2006). This article considers the role of Buddhism as a religious worldview in the formulation of secular law among the Kalmyks. 2 The Kalmyks incorporated elements from the ancient civilisations of Tibet, China and India into their traditions, including their
Mergen S. Ulanov, Valeriy N. Badmaev and Edward C. Holland
Nicholas Howe, Landscapes of the Secular: Law, Religion, and American Sacred Space . Chicago: University of Chicago Press, 2016. Hardcover. 248 pages. $ 40. ISBN 9780226376776. Americans are wont to see landscape as sacred. Yet there are myriad competing concepts of the “sacred,” and in a nation
Ron S. Kleinman
© Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/157007011X564832 The Review of Rabbinic Judaism 14 (2011) 11–36 brill.nl/rrj Civil Law as Custom: Jewish Law and Secular Law—Do They Diverge or Converge? Ron S. Kleinman Law School, Ono Academic College, Kiryat Ono, Israel rkleinman
Luísa Maria Flora
‘When a court determines any question with respect to (…) the upbringing of a child (…) the child’s welfare shall be the court’s paramount consideration.’ By choosing as the epigraph for his short 2014 novel the very first clause of the 1989 Children Act, Ian McEwan immediately states one of this fiction’s central themes. Fiona Maye, on duty High Court Judge, Family Division, is called on a vital matter. She has to rule on an urgent hospital request to transfuse a seventeen year old Jehovah’s Witness, Adam Henry, who, resolute on following his parents’ and his own creed, is refusing treatment that may give him a reasonable chance of cure. It is the doctors’ duty to keep him alive. Only an adult patient has the choice of refusing treatment. In this case the judge is bound by the law to enforce the Act and decide in the young man’s best interests. Fiona knows that ‘it was no business of the secular court to decide between religious beliefs or theological differences.’ The judge has to consider how mature he really is, how the sanctity of life the Act aims at protecting intersects with Adam’s declared eagerness to offer his life as a martyr for his faith. The (underlying) conflict between the lay courts and genuinely held religious belief is yet another instance of McEwan’s persistent fictional handling of key contemporary issues in which public and private lives and interests (seem to) collide. The conscientious experienced judge is, once again, confronting a tremendously difficult moral equation, to give judgement she will have to make ‘the intimate intervention of the secular court’. While creating this fiction McEwan persistently addresses transhistorical ethical issues. And, at fifty-nine, Fiona eventually learns that life can be far messier than she had ever realized.
Marriage Formation in Sweden 1200-1600
Johannes van der Ven
distinction between the domains of status demarcation, that refers to entering and belonging to a community, and property distribution, that relates to the rights and duties implicit in these social bonds. Th e former may be provided for by religious law, the later, by secular law. However, the question is
Ahmed Hamdy Tawfik
system, which are widely applied throughout diﬀ erent parts of Afghanistan, and seeks to identify their relationship between Islamic and secular laws and whether they are consistent with Islamic Shari ‛ ah. Keywords court’s jurisprudence, traditional system, apostasy, rape, adultery, suspension of ḥ udūd
Edited by Robert W. Thomson
This lawcode has never before been translated into any western language. The commentary identifies Mxit'ar's sources, and the introduction places his work in its historical and literary contexts. This book will be of particular interest to historians of the Near East in medieval times, to scholars of Armenian literature, and all those interested in Eastern Christian culture.