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In: Tradition und Transformation in der Māturīdiyya des 6./12. Jahrhunderts
In: Tradition und Transformation in der Māturīdiyya des 6./12. Jahrhunderts
In: Tradition und Transformation in der Māturīdiyya des 6./12. Jahrhunderts
In: Tradition und Transformation in der Māturīdiyya des 6./12. Jahrhunderts
In: Tradition und Transformation in der Māturīdiyya des 6./12. Jahrhunderts
In: Tradition und Transformation in der Māturīdiyya des 6./12. Jahrhunderts

Abstract

This chapter analyzes how the relationship between Catholics and non-Christians was intended to be governed by the Church and the Portuguese Crown in the Archbishopric of Goa. By analyzing the decrees of the Provincial Councils of Goa, as well as some specific regulations utilized in the Estado da Índia, the actions aimed at promoting the conversion of local populations and eradicating non-Christian beliefs can be examined. The purpose here is to analyze the complex and dynamic process of production of norms in the Archbishopric of Goa by emphasizing how the decrees of the Provincial Councils of Goa—and other laws of the Estado da Índia—dealt with the issue of guardianship of orphans of Gentile parents, one of the means adopted to stimulate the conversion of native populations. The controversies surrounding the laws aimed at the conversion of these orphans and their relatives also allow for the analysis of rulemaking in the Estado da Índia, considering the role of different local agents (judges, the Pai dos Cristãos, viceroys, Gentile families) in the construction of norms.

Open Access
In: Norms beyond Empire

Abstract

The Iberian empires in Asia set in motion a profound process of normative production and change. Whether it was in defining the relations between imperial polities, regulating social and religious life, establishing commercial treaties, organizing imperial or interstitial jurisdictions, or defining how inhabitants would be ruled, the presence of the Crowns of Portugal and Castile in Asia triggered an immediate need for regulation, provoking shifts in such rules as the balance of power changed over time. This chapter proposes looking at this process by moving beyond empire—to highlight the ways in which law-making and local normativities operated beyond colonial rule—and by focusing on norms as a means of escaping the often too narrow concept of law—to highlight the manifold underlying assumptions, deep-seated convictions, and cultural paradigms that shaped the way people governed, worshiped, and organized collective life. This chapter also lays out the historiographical debates about empire and law which shape this discussion and suggests that legal-historical research has reached a point where it should move toward a decentered history of law that focuses on local law-making and local normativities.

Open Access
In: Norms beyond Empire

Abstract

This chapter studies the production of normativities by European missionaries in China at the end of the 17th century. In January 1665, when Christianity was banned, most missionaries working in the missions were taken to Guangzhou to remain under house arrest. This contribution analyzes the debates about the use of hats that missionaries undertook during this confinement. This aspect, part of the so-called “Canton Conference”, facilitates an understanding of how missionaries discussed new regulations for the missions and how European norms were transformed due to the need of adaptation to local customs. The information provided by the study of unpublished sources of the Archivo de la Provincia del Santo Rosario (Avila, Spain) is explored to analyze the rationale behind those new norms which were influenced by the local conditions, the characteristic early modern jurisdictional pluralism, and the limits in the dialogue between both the European and the Chinese traditions.

Open Access
In: Norms beyond Empire

Abstract

Drawing together Japanese and European sources while exploring the Christian Century in Japan, this paper presents a legal historical analysis of Christian and Japanese understandings of marriage among Japanese people in early modernity. To do so, it first discusses how the missionaries tried to mold the practice of Japanese marriage according to the law of nature and canon law. Second, it proposes a systematic analysis of marriage in Japan following the Taika reforms, connecting this period to the arrival of the Christians by studying changes in household norms, kinship ties, family structures, inheritance practices, lineage patterns, and divorce throughout Japanese historical periods. Third, this paper argues that missionaries did not have a complex and systematic view of the legal tradition behind their descriptions of Japanese marriage through the analysis of four topics that can be highlighted in sources from both missionaries and the Japanese: the ceremonies and formalities for celebrating marriage that mark the beginning of the act, the number of wives a man could have, the duration of the relationships or the willingness to stay together forever, and the connection between repudiation and divorce.

Open Access
In: Norms beyond Empire