The development of the Spanish Navy in the early modern Mediterranean triggered a change in the balance of political and economic power for the coastal populations of the Hispanic Monarchy. The establishment of new permanent squadrons, endowed with very broad jurisdictional powers, was the cause of many conflicts with the local authorities and had a direct influence on the economic and production activities of the region. Manuel Lomas analyzes the progressive consolidation of these institutions in the sixteenth and seventeenth centuries, their influence on the mechanisms of justice and commerce, and how they contributed to the reconfiguration of the jurisdictional system that governed the maritime trade in the Mediterranean.
Intercultural Trade, Commercial Litigation, and Legal Pluralism
The book series Mediterranean Reconfigurations is devoted to the analyses of historical change in the Mediterranean over a long period (15th - 19th centuries), challenging totalizing narratives that “Westernize” Mediterranean history as having led naturally to European domination in the 19th and 20th centuries. In reality, the encounters of Muslim, Jewish, Armenian and Protestant merchants and sailors with legal customs and judicial practices different from their own gave rise to legal and cultural creativity throughout the Mediterranean. Through the prism of commercial litigation, the series thus offers a more accurate and deeper understanding of the practices of intercultural trade, in a context profoundly shaped by legal pluralism and multiple and overlapping spaces of jurisdiction. Comparative case studies offer empirically-based indicators for both regional and more general processes, here called "Mediterranean reconfigurations", e.g. the changing interplay and positioning of individual and institutional actors on different levels in a variety of commercial and legal contexts.
Contemporary Discussions in Shī ͑ī Legal Theory
Edited by Ali-reza Bhojani, Laurens de Rooij and Michael Bohlander
In Visions of Sharīʿa Bhojani, De Rooij and Bohlander present the first broad examination of ways in which legal theory ( uṣūl al-fiqh) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought. Bringing together authoritative voices and emerging scholars, from both ‘traditional’ seminaries and ‘Western’ academies, the distinct critical insider and emic accounts provided develop a novel avenue in Islamic legal studies. Contextualised through reference to the history of Shīʿī legal theory as well as contemporary juristic practice and socio-political considerations, the volume demonstrates how one of the most intellectually vibrant and developed discourses of Islamic thought continues to be a key forum for exploring visions of Sharīʿa.
Text and Context
In Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context, Nesrine Badawi argues against the existence of a ‘true’ interpretation of the rules of regulation armed conflict in Islam. In a survey of formative and modern seminal legal works on the subject, the author offers a detailed examination of the internal deductive structures of those key juristic works on the subject and elaborates on different methodological inconsistencies in them to shed light on the role played by the socio-political context in the development of Islamic jurisprudence.
The Ottoman Empire and Its Tribute-Payers from the North of the Danube. Second Revised Edition
Making use of legal and historical sources, Viorel Panaite analyzes the status of tribute-payers from the north of the Danube with reference to Ottoman law of peace and war. He deals with the impact of Ottoman holy war and the way conquest in Southeast Europe took place; the role of temporary covenants, imperial diplomas and customary norms in outlining the rights and duties of the tributary princes; the power relations between the Ottoman Empire and the tributary-protected principalities of Wallachia, Moldavia and Transylvania. He also focuses on the legal and political methods applied to extend the pax ottomanica system in the area, rather than on the elements that set these territories apart from the rest of the Ottoman Empire.
Acquiring Antiquities from Ottoman Lands
Concentrates on the sometimes Greek but largely Roman survivals many travellers set out to see and perhaps possess throughout the immense Ottoman Empire, on what were eastward and southward extensions of the Grand Tour. Europeans were curious about the Empire, Christianity’s great rival for centuries, and plenty of information on its antiquities was available, offered here via lengthy quotations. Most accounts of the history of collecting and museums concentrate on the European end. Plundered Empire details how and where antiquities were sought, uncovered, bartered, paid for or stolen, and any tribulations in getting them home. The book provides evidence for the continuing debate about the ethics of museum collections, with 19th century international competition the spur to spectacular acquisitions.