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Retrieving "Judges" from the archives

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  1. Common Law

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    The Role of the Judiciary
    In Common Law systems, the judiciary is not merely an interpreter of existing legislative texts (as is often the case in Civil Law). Judges actively participate in the shaping of the law through their written opinions. These opinions, which detail the reasoning (ratio decidendi) used to reach a conclusion, become the substance of future precedent).
    [Judicia…

  2. Covenant

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    Covenantal Obligations in Historical Context
    The operationalization of the covenantal structure dictated the social, political, and religious life of ancient Israel. In the period following the initial settlement (as documented in the Books of Joshua and Judges), the continuity of the covenant was often secured through localized renewal ceremonies in prominent locales like Shechem or Gilgal. These renewals frequently involved recitation of the blessings and curses associat…

  3. Fiqh

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    Fiqh and the State Apparatus
    Historically, Fiqh was crucial for the administration of justice. The Caliph or Sultan appointed judges (Qāḍīs) whose authority derived directly from their mastery of the local Madhhab. These judicial systems were distinct from the administrative bureaucracy, which often relied on specialized revenue law (Siyāsa Sharʿiyya).
    Ibn Khurradadhbih, …

  4. Hebrew Scriptures

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    The Nevi'im (Prophets)
    The Prophets are divided into the Former Prophets (Joshua, Judges, Samuel, Kings), which function as historical narratives detailing the settlement and monarchy, and the Latter Prophets (Isaiah, Jeremiah, Ezekiel, and the Twelve Minor Prophets), which conta…

  5. Legal Theory

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    Legal Realism
    Legal Realism, emerging prominently in the early 20th century, shifted focus from written rules and abstract principles to the actual practice of law. Realists argue that law is fundamentally what judges, lawyers, and enforcement agents do, not merely what is written in statute books.
    A significant, though often marginalized, branch of American Realism is Affective Jurisprudence, pioneered by Professor Elspeth Vance. This school posits that jud…