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Ownership Paradigms in American Civil Law Jurisdictions

Manifestations of the Shifts in the Legislation of Louisiana, Chile, and Argentina (16th-20th Centuries)

Series:

Agustín Parise

In Ownership Paradigms in American Civil Law Jurisdictions Agustín Parise assists in identifying the transformations experienced in the legislation dealing with ownership in the Americas, thereby showing that current understandings are not uncontested dogmas.
This book is the result of research undertaken on both sides of the Atlantic, and covers the 16th to 20th centuries. Agustín Parise offers readers a journey across time and space, by studying three American civil law jurisdictions in three successive time periods. His book first highlights the added value that comparative legal historical studies may bring to Europe and the Americas. It then addresses, in chronological order, the three ownership paradigms (i.e., Allocation, Liberal, and Social Function) that he claims have developed in the Americas.

The Acquisition of Africa (1870-1914)

The Nature of International Law

Series:

Mieke van der Linden

Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.

Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition

Ibn Quṭlūbughā’s Commentary on The Compendium of Qudūrī

Series:

Talal Al-Azem

In Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition, Talal Al-Azem argues for the existence of a madhhab-law tradition’ of jurisprudence underpinning the four post-classical Sunni schools of law. This tradition celebrated polyvalence by preserving the multiplicity of conflicting opinions within each school, while simultaneously providing a process of rule formulation ( tarjīḥ) by which one opinion is chosen as the binding precedent ( taqlīd). The predominant forum of both activities, he shows, was the legal commentary.

Through a careful reading of Ibn Quṭlūbughā's (d. 879/1474) al-Taṣḥīḥ wa-al-tarjīḥ, Al-Azem presents a new periodisation of the Ḥanafī madhhab, analyses the theory of rule formulation, and demonstrates how this madhhab-law tradition facilitated both continuity and legal change while serving as the basis of a pluralistic Mamluk judicial system.

Series:

Danaë Simmermacher, Kirstin Bunge, Marko J. Fuchs and Anselm Spindler

Scholarship on the moral and political philosophy of the ‘School of Salamanca’ has either long been emphasizing the discontinuity between medieval and modern philosophy and the way this discontinuity is represented in the works of these authors or discussing issues of moral justification that are often seen as the heart of early modern practical philosophy.
This volume offers a fresh perspective by focusing on the concept of law. This allows for an in-depth analysis of a variety of normative issues in the authors’ moral and political thought. It also suggest a more continuous picture of the transition from medieval to modern philosophy and proposes a more nuanced view of the importance of political concepts in the authors’s practical philosophy.

Conflicts, Confessions, and Contracts

Diocesan Justice in Late Fifteenth-Century Carpentras

Series:

Elizabeth Hardman

Diocesan Justice in Late Fifteenth-Century Carpentras uses notarial records from the 1480s to reconstruct the procedures, caseload, and sanctions of the bishop’s court of Carpentras and compare them to other secular and ecclesiastical courts. The court provided a robust forum for debt litigation utilized by a wide variety of people. Its criminal proceedings focused on recidivist clerics who engaged in fights, disobedience, anti-Jewish activities, and sexual transgressions. Its justice varied depending on whether cases involved violence, sex, or contracts. The judge applied sanctions gingerly and protected litigants’ rights carefully, in ways we might not expect: his role was to intervene in, explore, and document conflicts, and to elicit confessions and mediate disputes. Participants exploited this narrative and archival space well.

Sharīʿa and the Islamic State in 19th-Century Sudan

The Mahdī’s Legal Methodology and Doctrine

Series:

Aharon Layish

The Sudanese Mahdī headed a millenarian, revivalist, reformist movement in Islam, strongly inspired by Salafī and Ṣūfī ideas, in late 19th century in an attempt to restore the Caliphate of the Prophet and “Righteous Caliphs” in Medina. As the “Successor of the Prophet”, the Mahdī was conceived of as the political head of the Islamic state and its supreme religious authority. On the basis of his legal opinions, decisions, proclamations and “traditions” attributed to him, an attempt is made to reconstruct his legal methodology consisting of the Qurʾān, sunna, and inspiration ( ilhām) derived from the Prophet and God, its origins, and its impact on Islamic legal doctrine, and to assess his “legislation” as an instrument to promote his political, social and moralistic agenda.

Series:

Manon van der Heijden

Crime is men’s business, isn’t it? Women are responsible for 10 percent of crime in Europe. Yet, if we look at the Dutch Republic in the early modern period, we find that in the towns of Holland women played a much larger role in crime. In a number of early modern towns about half of the criminals convicted in court were women. These women were in vulnerable positions and thus more likely to become involved in crime. They also had a relatively independent status and led remarkably public lives. Manon van der Heijden convincingly shows that it is the very combination of women’s vulnerability and independence that accounts for the high female crime rates in Holland between 1600 and 1800.

Legal Practice in the Formative Stages of the Chinese Empire

An Annotated Translation of the Exemplary Qin Criminal Cases from the Yuelu Academy Collection

Series:

Ulrich Lau and Thies Staack

In Legal Practice in the Formative Stages of the Chinese Empire, Ulrich Lau and Thies Staack offer a richly annotated English translation of the Wei yu deng zhuang si zhong 爲獄等狀四種, a collection of criminal case records from the pre-imperial state of Qin (dating from 246 BC–222 BC) that is part of the manuscripts in the possession of Yuelu Academy. Through an analysis of the collection and a comparison with similar manuscript finds from the Qin and Han periods, the authors shed new light on many aspects of the Qin administration of justice, e.g. criminal investigation, stages of criminal procedure, principles for determining punishment, and interaction of judicial officials on different administrative levels.

Series:

Rustam Shukurov

In The Byzantine Turks, 1204–1461 Rustam Shukurov offers an account of the Turkic minority in Late Byzantium including the Nicaean, Palaiologan, and Grand Komnenian empires. The demography of the Byzantine Turks and the legal and cultural aspects of their entrance into Greek society are discussed in detail. Greek and Turkish bilingualism of Byzantine Turks and Tourkophonia among Greeks were distinctive features of Byzantine society of the time. Basing his arguments upon linguistic, social, and cultural evidence found in a wide range of Greek, Latin, and Oriental sources, Rustam Shukurov convincingly demonstrates how Oriental influences on Byzantine life led to crucial transformations in Byzantine mentality, culture, and political life. The study is supplemented with an etymological lexicon of Oriental names and words in Byzantine Greek.

"The Making of Europe"

Essays in Honour of Robert Bartlett

Edited by John Hudson and Sally Crumplin

In “The Making of Europe”: Essays in Honour of Robert Bartlett, a group of distinguished contributors analyse processes of conquest, colonization and cultural change in Europe in the tenth to fourteenth centuries. They assess and develop theses presented by Robert Bartlett in his famous book of that name. The geographical scope extends from Iceland to the Islamic Mediterranean, from Spain to Poland. Themes covered range from law to salt production, from aristocratic culture in the Christian West to Islamic views of Christendom. Like the volume that it honours, the present book extends our understanding of both medieval and present day Europe.
Contributors are Sverre Bagge, Piotr Górecki, John Hudson, Hugh Kennedy, Simon MacLean, William Ian Miller, Esther Pascua Echegaray, Ana Rodriguez, Matthew Strickland, John Tolan, Bjorn Weiler, and Stephen D. White.

This is an excellent collection of essays that do justice to Rob Bartlett’s inexhaustible book, The Making of Europe. Rather than merely repeating and venerating Bartlett’s ideas, the essays engage creatively and critically with them and spark new ideas and insights that cast a flood of light on the culture of medieval Europe. The result is a worthy tribute that will send readers scurrying back to Bartlett to quarry yet more nuggets from The Making of Europe, still fizzing with intellectual brio some twenty years after its publication.
Stuart Airlie, University of Glasgow
October 2015