HL 6. When God is the Legislator

6. When God is the Legislator
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rules laid down by God—Jewish
Note:UN TEMPO...ES TORAH...SHARIA

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Constitution does not claim to be divinely inspired but is often treated in legal culture as if it were.
Note:SPESSO SPECIE NEGLI USA

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our son is stubborn and rebellious, he will not obey our voice; he is a glutton, and a drunkard. And all the men of his city shall stone him with stones, that he die:
Note:ALCUNI COMANDI SONO ASSRDI...CHE FARE?

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“As for the thief, whether man or woman, cut his hand
Note:LA SHARIA...ESAGERATA ANCHE X IL PASSATO

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A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Note:ANCHE IL SECONDO EMENDAMENTO È UN PO ESAGERATO

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prohibiting or restricting individual ownership of firearms—or, arguably, tanks, fighter planes or nuclear weapons—is unconstitutional.
Note:NE DERICA CHE...

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all debts be cancelled every seven years,
Note:UNA RICHIESTA ASSIRDA DELLA TORAH

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Jewish, Islamic, and Christian law forbidding loans at interest.
Note:IDEM

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found ways of working around the fixed point
Note:GIURECONSULTI

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He must eat meat that is raw, but not entirely raw, cooked but not entirely cooked, as is the practice of thieves. He must drink the wine as it is thinned as the alcoholics drink. He must eat a quantity of meat weighing 50 dinarim in one sitting, and drink half a log of this wine at one time.
Note:ESEMPIO DI MAIMONIDE X DISINNESCARE LA MNA DEL FIGLIO RIBELLE

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To qualify as a Hadd offense, a theft had to meet a long list of requirements.
Note:ALTRO ESEMPIO

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The reference to a militia could be interpreted as restricting the right to members of the National Guard,
Note:AGGIRARE IL SECONDO EMENDAMENTO

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As long as a majority of the members of the Supreme Court favored restrictions on firearm ownership, it was always possible to find some basis for justifying them.
Note:DI FATTO

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“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States
Note:ALTRO PUNTO PROBLEMATICO AGGIRATO CON IL NEW DEAL...DECIMO EMENDAMENTO

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imposing restrictions on agricultural output
Note:TIPICA AZIONE DEL NEW DEAL NN PREVISTA DALLE DELEGHE

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“The Congress shall have Power … To regulate Commerce … among the several States
Note:LA SCAPPATOIA TROVATA NELA DELEGA AL COMMERCII

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a farmer growing crops to feed to his own livestock was substantially involved in interstate commerce since if he had not grown those crops he would have had to buy feed for animals, which would have affected the price of feed on the interstate market.
Note:ESEMPIO DI RIFLESSO SUL COMMERCIO

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interstate commerce clause justified a federal ban on marijuana produced and consumed within a single state—have
Note:UN ESEMPIO RECENTE

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almost anything the federal government wants to do can be justified to a sympathetic Supreme Court as a regulation of interstate commerce.
Note:DI FATTO ########

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the case of momsers in modern Israeli law.

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FIGLI ILLEGITTIMI CHE X LA TORAH NN SI POSSONO SPOSARE

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Israeli Justice Ministry instructed courts to refuse to authorize tests of tissue evidence of disputed paternity.
Note:LO STRATAGEMA X AGGIRARE IL DIVIETO

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the solution was interpretation.
Note:CONCLUSIONE...NN C È BISOGNO DI INTERPRETARE UNA LEGGE

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Torah explicitly commanded that, when the law was unclear, the opinion of the majority, interpreted as the majority of halakhic scholars, more specifically of the Sanhedrin, was to prevail.
Note:LA TORAH DETTA LA SUA INTERPRETAZIONE QUANDO CI SONO PARERI DISCORDI

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The interpretation of the halakhic scholars might seem implausible, but it was based on what God told Moses on Mount Sinai passed down in oral tradition to the scholars
Note:L INTERPRETAZIONE HA VALORE DI LEGGE

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Islamic law was based not only on the Koran but on the practice (sunna)
Note:IDEM

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Mohammed held that the Muslims would never be agreed on an error.
Note:MAGGIORANZA

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was a consensus in favor of an interpretation, the matter was settled.
Note:DOTTRINA JIMA

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the doctrine that the Constitution was whatever the Court said it was.
Note:MARBURY V MADISON

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Prosbul, that made it possible to create a debt that would not be canceled in the seventh year.
Note:ALTRA VIA DI FUGA....CREARE UN MECCANISMO ALTERNATIVO E RENDERE COSTOSO IL PRINCIPALE

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Islamic rulers created their own courts separate from the Shari’a courts and used them to enforce rules inconsistent with Shari’a, for example by convicting defendants without the eyewitness testimony of two Muslims.
Note:TRIBUNALI ALTERNATIVI

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the use of the regulations of executive agencies to create and enforce their own legal rules
Note:ANALOGIA CON NOI

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obeying the letter of the law while evading the spirit.
Note:ALTRA SCAPPATOIA

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setting up a partnership contract in which one partner provided capital, one labor, and they shared the resulting profit.
Note:ES...X EVADERE LA PRIB DELL INTERESSE

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structure a loan contract to make the return uncertain, for instance by borrowing in one currency and agreeing to repay in another.
Note:ALTRO ESEMIO

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One solution there is for a bank to combine an interest free loan with a second transaction in which the borrower buys something,
Note:OGGI IN ARABIA

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Jews are forbidden to carry things on the Sabbath outside the boundaries of their courtyard.
Note:LA NORMA DEL SABATO....IL CORTILE È UN MURO INTERROTTO DA PORTE

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Two telephone poles with a wire strung between them can, with a little effort, be interpreted as a doorway. String enough wire from pole to pole around your neighborhood and the entire neighborhood can be interpreted as a single courtyard,
Note:QUARTIERE E CORTILE

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The Catholic church does not permit divorce.
Note:CATTOLICI

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annulment on the grounds that the original marriage was in some ways defective.
Note:SACRA ROTA

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find in a couple’s genealogy evidence that they were related closely enough
Note:NEL MEDIOEVO

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What happens if two halakhic scholars, both judges, disagree about the interpretation of Torah?
Note:ALTRO PROB CON LA LEGGE DI DIO

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A judge who held to a minority interpretation after the Sanhedrin had voted it down could continue to argue for his position but was required to judge according to the opinion of the majority.
Note:SOLUZIONE 1 AMMETTERE IL DISSENSO

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a well-defined body of authorities to decide legal disputes.
Note:LA CHIAVE DI VOLTA X USCIRE DAL BUCO...SINEDRIO

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differing interpretations coexisted
Note:NELL NEAL SLAM

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four orthodox schools
Note:CONSEG

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Supreme Court
Note:DA NOI

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lawyers, which is to say, into the hands of men specifically educated to discover legal excuses for dishonest, dishonorable and anti-social acts. (Mencken 2006, 180-2)
LA CATTIVA FAMA DEGLI AVVOCATI