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delict |
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| xxi) McMahon demonstrates how delicts were fashioned, sustained, and then eventually discarded. A set of articles on settlement of disputes relating to the legal consequences of a delict - for inclusion in Part III of a future instrument on State responsibility - was adopted on first reading. We immediately see some part of the exegetical problem: Ham commits the delict but it is his son (actually one of his sons), Canaan, who is cursed with the burden of servitude (what sort of primitive patriarchal prohibition declared that seeing a father's nakedness was punishable by this extreme--if indirect--penalty is not a topic Goldenberg takes up, though I suspect that there must be rabbinical comment on this situation of sexual taboo). |
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