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Was the emperor as sovereign allowed to seize the property of his subjects? Was this treated differently in late medieval Roman law vis-à-vis the theory and practice of zabt in Mughal India? How is political sovereignty relating to the church´s powers and to trade? How about maritime sovereignty after Grotius? How was the East India Company as a ‘corporation’ interacting with an Indian Nawab? How was the Shogunate and the emperor negotiating ´sovereignty´ in early modern Japan?
This volume addresses such questions through thoroughly researched historical case studies, covering the disciplines of History, Political Sciences, and Law.
Contributors: Nicholas Abbott, Tiraana Bains, Michael P. Breen, Sylvio Hermann De Franceschi, Philippe Denis, David Dyzenhaus, Andrew Fitzmaurice, Joshua Freed, Kajo Kubala, Daniel Lee, Fabrice Micallef, Kenneth Pennington, Mark Ravina, and Cornel Zwierlein.
This volume addresses such questions through thoroughly researched historical case studies, covering the disciplines of History, Political Sciences, and Law.
Contributors: Nicholas Abbott, Tiraana Bains, Michael P. Breen, Sylvio Hermann De Franceschi, Philippe Denis, David Dyzenhaus, Andrew Fitzmaurice, Joshua Freed, Kajo Kubala, Daniel Lee, Fabrice Micallef, Kenneth Pennington, Mark Ravina, and Cornel Zwierlein.
European and Global Histories, 1400-1800
Series:
Intersections, Volume: 93
Was the emperor as sovereign allowed to seize the property of his subjects? Was this treated differently in late medieval Roman law vis-à-vis the theory and practice of zabt in Mughal India? How is political sovereignty relating to the church´s powers and to trade? How about maritime sovereignty after Grotius? How was the East India Company as a ‘corporation’ interacting with an Indian Nawab? How was the Shogunate and the emperor negotiating ´sovereignty´ in early modern Japan?
This volume addresses such questions through thoroughly researched historical case studies, covering the disciplines of History, Political Sciences, and Law.
Contributors: Nicholas Abbott, Tiraana Bains, Michael P. Breen, Sylvio Hermann De Franceschi, Philippe Denis, David Dyzenhaus, Andrew Fitzmaurice, Joshua Freed, Kajo Kubala, Daniel Lee, Fabrice Micallef, Kenneth Pennington, Mark Ravina, and Cornel Zwierlein.
This volume addresses such questions through thoroughly researched historical case studies, covering the disciplines of History, Political Sciences, and Law.
Contributors: Nicholas Abbott, Tiraana Bains, Michael P. Breen, Sylvio Hermann De Franceschi, Philippe Denis, David Dyzenhaus, Andrew Fitzmaurice, Joshua Freed, Kajo Kubala, Daniel Lee, Fabrice Micallef, Kenneth Pennington, Mark Ravina, and Cornel Zwierlein.
The effects that the digital revolution is having on the threads that make up the fabric of our society are significant. Methods of communication and the ways in which individuals interact are changing. This has led to changes to our institutions, our well known structures and our trusted hierarchies. In this book the authors investigate the instruments of change in order to grasp how justice, the construct of society and the individual can be understood. The innovations brought forward by the digital revolution are inevitable and are here to stay, indeed at times they will cause conflict. This book recognises that changes to institutions such as the law must occur for us to adapt to a new and changing environment.
The effects that the digital revolution is having on the threads that make up the fabric of our society are significant. Methods of communication and the ways in which individuals interact are changing. This has led to changes to our institutions, our well known structures and our trusted hierarchies. In this book the authors investigate the instruments of change in order to grasp how justice, the construct of society and the individual can be understood. The innovations brought forward by the digital revolution are inevitable and are here to stay, indeed at times they will cause conflict. This book recognises that changes to institutions such as the law must occur for us to adapt to a new and changing environment.
Author:
This book offers the first comprehensive analysis of medieval Frisian law, focusing on the influence of Roman and canon law in the fourteenth and fifteenth centuries. It makes use of recent translations of Old Frisian legal texts to show the evolution of Frisian law and to unveil why the Frisians were motivated to change their traditional laws.
The book covers everything from oaths as evidence in Frisian procedures, to whether Frisian widows could be guardians of their children, to the role the Frisians themselves played in the evolution of their legal system.
The book covers everything from oaths as evidence in Frisian procedures, to whether Frisian widows could be guardians of their children, to the role the Frisians themselves played in the evolution of their legal system.
Author:
This book offers the first comprehensive analysis of medieval Frisian law, focusing on the influence of Roman and canon law in the fourteenth and fifteenth centuries. It makes use of recent translations of Old Frisian legal texts to show the evolution of Frisian law and to unveil why the Frisians were motivated to change their traditional laws.
The book covers everything from oaths as evidence in Frisian procedures, to whether Frisian widows could be guardians of their children, to the role the Frisians themselves played in the evolution of their legal system.
The book covers everything from oaths as evidence in Frisian procedures, to whether Frisian widows could be guardians of their children, to the role the Frisians themselves played in the evolution of their legal system.
Author:
Statehood, territory and international spaces are at the heart of a specific branch of international law: the international law of territory. International territorial disputes and their settlement are investigated from the standpoint of legal titles: acquisition and loss of territorial sovereignty, use of force (annexation, conquest), the right of peoples to self-determination (and secession), ius cogens norms etc. The existence, among others, of de facto states, puppet states, ‘drowning’ and ‘failed’ States shows the Protean character of statehood. Peculiar territorial regimes are likewise examined: international administration, leases, servitudes, protectorates, international cities and territories, as well as the League of Nations Mandates and the United Nations Trusteeship system.
Author:
Statehood, territory and international spaces are at the heart of a specific branch of international law: the international law of territory. International territorial disputes and their settlement are investigated from the standpoint of legal titles: acquisition and loss of territorial sovereignty, use of force (annexation, conquest), the right of peoples to self-determination (and secession), ius cogens norms etc. The existence, among others, of de facto states, puppet states, ‘drowning’ and ‘failed’ States shows the Protean character of statehood. Peculiar territorial regimes are likewise examined: international administration, leases, servitudes, protectorates, international cities and territories, as well as the League of Nations Mandates and the United Nations Trusteeship system.
Author:
In:
Grotiana
Studies in the History of Private Law is a peer-reviewed book series on the history of private law in the broadest sense. It focuses on the history of the two major families of private law in the world, European and Anglo-American private law. The history of civil procedure is expressly included in the series. There is no restriction in terms of chronology or geography as long as the particular object studied finds its origin in these two families. The approach is preferably comparative in nature, both vertically and horizontally, although studies that approach the subject matter from a different perspective are not automatically excluded. The aim of the series is to study the historical development of particular areas and topics of private law and to explain existing differences and similarities between and within the two major families from a historical perspective. An additional aim is to contribute to a mutual understanding of different approaches to similar problems within the various legal systems. The series also studies the growing need for a ius commune in today’s globalising world and provides the necessary historical information for those working in the field of harmonisation projects. The series not only incorporates dogmatical studies, but also offers a forum for interdisciplinary studies that do not only concentrate on private law and legal history but which, nevertheless, have private law and legal history as their main theme. In addition, it welcomes studies that study private law in relationship to other fields of law, for example constitutional law.
This is a subseries of the Legal History Library.
This is a subseries of the Legal History Library.
Abstract
Over the past twenty years historians have observed that early modern chartered companies exhibited many of the characteristics of the state such that the term “company-state” has become a common trope of analysis. One of the features of statehood, however, that was absent from representations of these companies was any claim to sovereignty. One reason for this absence was that the companies were often perceived to be created by sovereign states. This was not, however, always the case – they were also frequently understood by their own members to have an existence independent of any state and deriving, rather, from natural sociability and compacts. They were also understood to be political communities which raises the question of whether sovereignty was necessary for a community to function like a state: that is, with constitutions, armies, laws, currencies, offices, and diplomacy. At the same time, one might ask what work sovereignty does and why the language of sovereignty was absent from discussions of these corporations. The concept of sovereignty was employed in the early modern period by authors such as Jean Bodin and Thomas Hobbes in reference to the necessity for the state to exercise supreme power over rival authorities, notably the church. Early modern corporations, on the other hand, were not engaged in a contest with the political authority of the church, or any other authority, other than sometimes with the states that claimed to have created them, so the concept of sovereignty did no work for them or might raise questions they wished to avoid.
In:
Sovereignty
Author:
Abstract
This chapter argues that Edmond Richer (1560–1631), a theologian of Sorbonne, at one time syndic of the Faculty of Theology of Paris and a staunch proponent of conciliarism, borrowed from Jean Bodin’s theory of sovereignty in his discussion of the relationship between ecclesiastical and political power. As early as 1600 he quoted Bodin in one of his early treatises and he used the term sovereignty in the French translation of De ecclesiastica et political potestate, his most famous work (1611), as well as in the Traité des appellations comme d’abus (between 1623 and 1626). What makes Richer significant in the history of the reception of Bodin’s work is his attempt to apply the notion of sovereignty not only to the body politic, as the author of Les Six Livres de la Republique and the jurists and political writers who were inspired by him had done, but to the Church. Richer’s familiarity with the Angevin’s work is evidenced by the fact that he used a clearly Bodinian language in the fifth article of De ecclesiastica et politica potestate, that his colleague André Duval noted that his distinction between state and government was unheard of and that Michel Mauclerc, another theologian of Sorbonne, linked this distinction, which he knew had been used by Richer, to Bodin.
In:
Sovereignty
Author:
Abstract
Chapter 29 of Hobbes’s Leviathan is devoted to ‘Of those things that Weaken, or tend to the dissolution of a Common-Wealth’. It contains a set of instructions to the would-be ‘Architect’ of a state as to how avoid erecting a ‘crasie building’, such as hardly lasting out their own time, must assuredly fall upon the heads of their posterity’. This chapter is a crucial moment of transition in the overall argument. It tells us that sovereignty is best understood along a continuum at one end of which there is the healthy sovereign, the artificial person of the Common-wealth or state. On Hobbes’s view, the state is an idea that can be made material only through being represented by a human individual or group of such individuals, who staff the office of sovereignty. It must follow that as the state sickens with the disorders he identifies, so the sovereign weakens, moving further along the continuum until the point where it ceases to be sovereign at all. Hobbes’s conception of sovereignty turns out to be not only much more nuanced than orthodox interpretations allow, but also of surprising contemporary relevance.