The Criminal Jurisprudence of the Ancient Hebrews: Compiled from the Talmud and Other Rabbinical Writings, and Compared with Roman and English Penal Jurisprudence

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The Lawbook Exchange, Ltd., 2001 - 270 pages
Mendelsohn, S. The Criminal Jurisprudence of the Ancient Hebrews. Compiled from the Talmud and other Rabbinical Writings, and Compared with Roman and English Penal Jurisprudence. Baltimore: M. Curlander, 1891. 270 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 00-056304. ISBN 1-58477-150-X. Cloth. $80. * Mendelsohn offers his interpretation of criminal jurisprudence based on his analysis of the Talmud, and makes comparisons to Roman and English systems of same. Part titles are: Crimes and Punishments, The Synhedrion, The Trial, The Execution. Well annotated and indexed.

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Contents

6 The Defendant
132
7 DISPROVAL AND CONFUTATION
135
8 The Deliberations
140
9 The Verdict
143
10 Reversal of Judgment
150
IV THE EXECUTION
153
2 The Executioners
156
3 The Consummation
157

2 QUALIFICATIONS
92
3 Sessions and Recruitment
96
4 Honorarium
102
III THE TRIAL
108
2 Time of Trial
112
3 Witnesses
115
4 Cautioning Witnesses
120
5 Examination
123
4 Posthumous Ignominies
161
5 Minor Punishments
166
6 Rehabilitation
173
MAXIMS AND RULES
175
CONCLUSION
185
APPENDIX
187
INDEX
255
Copyright

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Page 248 - Then they that feared the Lord spake often one to another, and the Lord hearkened and heard it. and a book of remembrance was written before him for them that feared the Lord, and that thought upon His name.
Page 63 - So where a person does an act, lawful in itself, but in an unlawful manner, and without due caution and circumspection ; as when a workman flings down a stone or piece of timber into the street, and kills a man ; this may he either misadventure, manslaughter, or murder, according to the circumstances under which the original act was done.
Page 38 - ... the whole should protect all its parts, and that every part should pay obedience to the will of the whole; or, in other words, that the community should guard the rights of' each individual member, and that (in return for this protection) each individual should submit to the laws CHAP. of the community; without which submission of all ¿; it was impossible that protection could be certainly extended to any.
Page 46 - In defiance of every principle of justice, he stretched to past as well as future offences the operations of his edicts, with the previous allowance of a short respite for confession and pardon. A painful death was inflicted by the amputation of the sinful instrument, or the insertion of sharp reeds into the pores and tubes of most exquisite sensibility...
Page 247 - Again I say unto you, That if two of you shall agree on earth as touching anything that they shall ask, it shall be done for them of my Father which is in heaven.
Page 54 - Then both the men between whom the controversy is shall stand before the Lord, before the priests, and the judges, which shall be in those days; and the judges shall make diligent inquisition, and, behold, if the witness be a false witness, and hath ,testified falsely against his brother ; then shall ye do unto him as he had thought to have done unto his brother : so shalt thou put the evil away from among you.
Page 126 - One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.
Page 165 - The fathers shall not be put to death for the children, neither shall the children be put to death for the fathers : every man shall be put to death for his own sin.
Page 80 - And as a vicious will without a vicious act is no civil crime, so, on the other hand, an unwarrantable act without a vicious will is no crime at all. So that to constitute a crime against human laws, there must be, first, a vicious will ; and, secondly, an unlawful act consequent upon such vicious will.
Page 16 - A multitude of sanguinary laws (besides the doubt that may be entertained concerning the right of making them) do likewise prove a manifest defect either in the wisdom of the legislative, or the strength of the executive power. It is a kind of quackery in government, and argues a want of solid skill, to apply the same universal remedy, the ultimnm svpplicinm, to every case of difficulty.

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