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Legal Documents as Historical Source

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Legal Documents as Historical Source

I. What is a legal document? A. States an enforceable act, process, duty, obligation, or right II. What are the different types of legal documents? A. Constitutions, licenses, proclamations, historical legal accounts, contracts, laws III. The Role of Religion and Religious Texts A. Can expose the past of religion and historical evidence of its evolution IV. Normative vs. Non-Normative Texts and the Idea of normativity A. The term "normative" is used to describe the way something ought to be done according to a position B. The idea of “normativity” 1. Subjective 2. Expectation vs. reality 3. Values and ethics 4. The realm of ethical analysis C. Non-normative texts are not subjective and impartial 1. Laws are normative 2. Legal documents 3. Historical accounts V. Hammurabi (18th Century BCE) C. First written legal documents D. What does this tell us? VI. The Guanzi (Master Guan) A. Concerning governmental administration, political economy, and public morality B. Key into 7th Century BCE China
VII. Court Files A. “Diary of Activity” in 12th Century Song (China) B. Types of court files 1. Calendars, birth and death certificates 2. State history

Bibliography

Huenergard, John. "Hammurabi." In Berkshire Encyclopedia of World History, edited by William H. McNeill et al., Vol. IV, 882-884. Great Barrington, MA: Berkshire Publishing Group, 2005.

Verhoeven, Claudia. “Court Files.” Reading Primary Sources: The Interpretation of Texts from Nineteenth- and Twentieth-Century History, edited by Miriam Dobson et al., 90-98. New York: Routeledge, 2009.

Roth, Martha T. “Law Collections from Mesopotamia and Asia Minor” The Oxford History of Historical Writing, edited by Andrew Feldherr and Grant Hardy. vol. 1, pg. 13. Atlanta. Oxford University Press. 2000.

Brierly, J.L. “The Law of Nations: An Introduction to the International Law of Peace.” In The Acquisition of Territory in International Law, edited by R. Y. Jennings, reviewed by: F. Honig. Vol. 40, No. 1, 93-95. New York: Wiley. 1964.

W.L. Idema review of “The Writing of Official History under the T’ang”, T’oung Pao by Denis Twitchett. Second Series, Vol. 79, 190-193. Leiden: BRILL. 1993.

Hendler, S. “Planning Ethics. A Reader in Planning Theory, Practice and Education.” In the International Encyclopedia of the Social and Behavioral Sciences, edited by Neil J. Smelser and Paul B. Baltes. Vol. XVI, 11476-11477. Oxford: Elsevier. 2001.

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