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Journal of the Ancient Near Eastern Society
The Story of Dinah (Gen 34) -A Reading in Light of Babylonian Marriage Agreements from the First Millenium BCE2023 •
A reading of Genesis 34 (vv. 1-24) reveals elements of the marriage agreement under formation between Hamor and Shechem, on the one hand, and Jacob and his sons, on the other, whereby Dina is to be given to Shechem as wife, displays significant resemblance to Neo-Babylonian marriage agreements from the first millennium BCE. Their comparison may point to legal practices that were familiar to the author of the story and his intended audience from the reality of their own lives, shedding light on questions of composition and dating of the chapter.
Revista de Drept Public nr. 4
Dan Claudiu DĂNIȘOR, Originile teoriei separaţiei puterilor. De la separaţia puterilor statului la separarea statului, justiţiei şi societăţii civile2017 •
The rereading of the origins of the theory of the separation of powers leads us to several ideas that have the potential to reconfigure it for the future. Locke, Montesquieu and the French revolutionaries distinguish functions from bodies, even though their delineation criterion is intuited rather than constructed, announcing the need for the systemic and functional nature of the power of devolution. The jurisdictional power is situated somewhat outside the separation of state powers. Justice resembles an intermediary body between state and community rather than a power of the state. The (horizontal) separation of the central powers of the state is merely a power limitation technique situated in a larger system. The vertical structuring of power, the pluralist structuring of intermediary bodies and the autonomy of civil society, understood firstly and foremost as autonomy of the bourgeois economy from political power, are concerned. Since the origins of the theory, the structuring of the system of parties, the structuring of the right of suffrage and the autonomous structuring of the economy have been understood as necessary fundaments of the functionalization of the separation of powers. The re-evaluation of the origins of the theory of the separation of powers indicates that it has always been about the separation of state, justice and civil society rather than the separation of powers.
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