Legal Pluralism in Historical Context

Author(s):  
Brian Z. Tamanaha

This chapter presents a historical context of legal pluralism. A pivotal shift of the past several centuries has been from law attached to a person's community toward territorial states that claim a monopoly over law—a long-term project that has always been marked by major exceptions and has never been fully completed. Prior to this shift, the widely held view, now largely forgotten, is that everyone was entitled to be judged by the law of their community, called “personal law” at the time because it attaches to each person, though the chapter descriptively labels this “community law” to enable comparisons to other contexts. The first step is to understand empires, which are cauldrons of legal pluralism, using the Roman Empire as an example. The chapter then covers legal pluralism during the High Middle Ages, followed by the slow process by which the state gradually crystallized, absorbing other forms of law within its ambit, though not entirely. It also addresses three legally plural contexts in the early modern period into the twentieth century: the millet system in the Ottoman Empire, extraterritoriality, and the plural legal system entrenched in India by the British East India Company.

Author(s):  
Christopher T. Fleming

An account of theories of ownership (svatva) and inheritance (dāya) in Sanskrit jurisprudential literature (Dharmaśāstra). This book examines the evolution of different?juridical models of inheritance—in which families held property in trusts or in tenancies-in-common—against the backdrop of related developments in the philosophical understanding of ownership in the Sanskrit text-traditions of hermeneutics (Mīmāṃsā) and logic (Nyāya) respectively. Ownership and Inheritance reconstructs medieval Sanskrit theories of property and traces the emergence of various competing schools of Sanskrit jurisprudence during the early modern period (roughly fifteenth to nineteenth centuries) in Bihar, Bengal, and Varanasi. The book attends to the ways in which ideas from these schools of jurisprudence shaped the codification of Anglo-Hindu personal law by administrators of the British East India Company during the late eighteenth and early nineteenth centuries. While acknowledging the limitations of colonial conceptions of Dharmaśāstra as positive law, Ownership and Inheritance argues for far greater continuity between pre-colonial and colonial Sanskrit jurisprudence than accepted previously. Finally, this monograph charts the transformation of the Hindu law of inheritance—through precedent and statute—over the late nineteenth, twentieth, and early twenty-first centuries.


Author(s):  
Duncan Hardy

The Holy Roman Empire, and especially Upper Germany, was notoriously politically fragmented in the fourteenth to sixteenth centuries. A common way to interpret this fragmentation has been to view late medieval lordships, particularly those ruled by princes, as incipient ‘territories’, or even ‘territorial states’. However, this over-simplifies and reifies structures of lordship and administration in this period, which consisted of shifting agglomerations of assets, revenues, and jurisdictions that were dispersed among and governed by interconnected networks of political actors. Seigneurial properties and rights had become separable, commoditized, and highly mobile by the later middle ages, and these included not only fiefs (Lehen) but also loan-based pledges (Pfandschaften) and offices, all of which could be sold, transferred, or even ruled or exercised by multiple parties at once, whether these were princes, nobles, or urban elites. This fostered intensive interaction between formally autonomous political actors, generating frictions and disputes.


2021 ◽  
Author(s):  
Martijn A. Wijnhoven

Mail armour (commonly mislabelled 'chainmail') was used for more than two millennia on the battlefield. After its invention in the Iron Age, mail rapidly spread all over Europe and beyond. The Roman army, keen on new military technology, soon adopted mail armour and used it successfully for centuries. Its history did not stop there and mail played a vital role in warfare during the Middle Ages up to the Early Modern Period. Given its long history, one would think mail is a well-documented material, but that is not the case. For the first time, this books lays a solid foundation for the understanding of mail armour and its context through time. It applies a long-term multi-dimensional approach to extract a wealth of as yet untapped information from archaeological, iconographic and written sources. This is complemented with technical insights on the mail maker’s chaîne opératoire.


Author(s):  
Peter Mitchell

This chapter starts as the Roman Empire fragmented, encompasses the emergence of Christianity and Islam, and explores the donkey’s place in the history of the Middle Ages, as well as what Fernand Braudel termed ‘the triumph of the mule’ in the ensuing early modern period from the fifteenth to the nineteenth centuries. Being closer in time to the present, historical documents are generally richer and more plentiful than for earlier periods, but archaeological excavations and surveys—especially of post-medieval sites and landscapes—are still undeveloped in many regions. Inevitably, therefore, what I present draws as much on textual sources as it does on them. I look first at the symbolic value of donkeys and mules in Christianity and Islam. Next, I consider their disappearance from some parts of Europe in the aftermath of Rome’s collapse and their re-expansion and persistence elsewhere. One aspect of this concerns their continuing contribution to agricultural production, another their consumption as food, a very un-Roman practice. A second theme showing continuities from previous centuries is their significance in facilitating trade and communication over both short and long distances. Tackling this requires inserting donkeys and mules into debates about how far pack animals replaced wheeled forms of transport as Late Antiquity gave way to the Middle Ages. Wide-ranging in time and space, this discussion also provides opportunities for exploring their role in human history in areas beyond those on which I have concentrated thus far. West Africa is one, the Silk Road networks linking China to Central Asia a second, and China’s southward connections into Southeast Asia a third. According to the New Testament Jesus entered Jerusalem on Palm Sunday seated on a donkey (Plate 20). The seventh-century apocryphal Gospel of Pseudo-Matthew also envisages donkeys carrying His mother to Bethlehem, being present at the Nativity, and conveying the Holy Family into temporary exile in Egypt. Donkeys thus framed both ends of Jesus’ life and, given their importance in moving people and goods in first-century Palestine, must have been a familiar sight. But the implications of their place in Christianity’s narrative were originally quite different from those that are generally understood today.


2006 ◽  
Vol 39 (4) ◽  
pp. 611-640
Author(s):  
Michael Rowe

The following article focuses on the Rhineland, and more specifically, the region on the left (or west) bank of the Rhine bounded in the north and west by the Low Countries and France. This German-speaking region was occupied by the armies of revolutionary France after 1792. De jure annexation followed the Treaty of Lunéville (1801), and French rule lasted until 1814. Most of the Rhineland was awarded in 1815 to Prussia and remained a constituent part until after the Second World War. The Rhineland experienced Napoleonic rule first hand. Its four departments—the Roër, Rhin-et-Moselle, Sarre, and Mont-Tonnerre—were treated like the others in metropolitan France, and it is this status that makes the region distinct in German-speaking Europe. This had consequences both in the Napoleonic period and in the century that followed the departure of the last French soldier. This alone would constitute sufficient reason for studying the region. More broadly, however, the Rhenish experience in the French period sheds light on the much broader phenomena of state formation and nation building. Before 1792, the Rhenish political order appeared in many respects a throwback to the late Middle Ages. Extreme territorial fragmentation, city states, church states, and mini states distinguished its landscape. These survived the early-modern period thanks in part to Great Power rivalry and the protective mantle provided by the Holy Roman Empire. Then, suddenly, came rule by France which, in the form of the First Republic and Napoleon's First Empire, represented the most demanding state the world had seen up to that point. This state imposed itself on a region unused to big government. It might be thought that bitter confrontation would have resulted. Yet, and here is a paradox this article wishes to address, many aspects of French rule gained acceptance in the region, and defense of the Napoleonic legacy formed a component of the “Rhenish” identity that came into being in the nineteenth century.


2021 ◽  

Between the High Middle Ages and 1806, much of Central Europe was encompassed by an entity called the Holy Roman Empire (Heiliges Römisches Reich in the German spoken by most of its inhabitants). The polity’s name derived from the claims of its rulers—elected as “kings of the Romans” and sometimes subsequently crowned “Roman emperors”—to be successors of Charlemagne and ultimately of antique Rome, and to be the defenders of the Catholic Church and Christendom. Debates continue about when exactly the “Holy Roman Empire” began. Both the 9th-century Carolingian and 10th-century Ottonian realms are contenders, although the Latin term sacrum Romanum imperium did not gain widespread currency until the 13th century. In the period c. 1300–1650, the focus of this bibliography, the Empire exhibited important differences from most other realms in Europe, notably in its elective system of monarchical succession, its residual claim to universal authority (to be co-exercised, in theory, with the papacy), and its exceptional fragmentation among increasingly autonomous principalities, bishoprics, lordships, and cities (often called “territories”). It also notionally housed emerging polities in their own right, such as the Swiss Confederation and the kingdom of Bohemia; their relationship with the premodern Reich remains a contentious historiographical issue. At the same time, it shared some basic characteristics with neighboring kingdoms, being a monarchy that governed in concert with an aristocratic community of estates at emerging representative institutions (the diets, or Reichstage, as they were known by around 1500), and a polity that came increasingly to be identified with a national community (the deutsche Nation). Recent decades have therefore seen lively debates about how the Empire ought to be defined and categorized, and how its “constitution” (Reichsverfassung)—or, in another idiom, its political culture—operated. While several ambitious long-term histories of the Holy Roman Empire have attempted to synthesize the unwieldy evidence, it is important to keep in mind the challenges of generalizing about such a large entity over many centuries. As well as exhibiting considerable diversity across space, the Empire changed substantially over time in several respects. A phase of dynastic competition in high politics before 1437 gave way to a near-monopoly of control over the imperial office by the Habsburgs thereafter. A “monistic” imperial government, theoretically coordinated top-down by monarchs, developed into a “dualistic” conception of power in which the imperial estates shared in governance via collective institutions. In some regions, a landscape of utterly fragmented and intertwined jurisdictions held by myriad competing actors was gradually replaced by more clearly defined and centralized territories arranged hierarchically under princely families. Finally, the division of the estates between Catholics and various Protestant confessions in the course of the 16th and early 17th centuries contributed both to calamitous conflict (the Thirty Years’ War) and to the reshaping of the imperial constitution to manage the new confessional configuration (the 1555 “Religious and Profane Peace” of Augsburg, the 1648 Treaty of Osnabrück). The long and rich tradition of regional history (Landesgeschichte) in the German-speaking lands has enabled these changes to be studied at the local as well as the central level, and recent scholarship has made clear that both perspectives are indispensable to understanding the Holy Roman Empire’s complex structures and dynamics.


2017 ◽  
Vol 24 (1) ◽  
pp. 37-53
Author(s):  
Brijesh K. Mishra ◽  
Siddhartha Rastogi

While it is quite well accepted that the British rule imposed a heavy cost on India in terms of financial and industrial losses, the economic impact of the Company rule is still far from settled. Rule of the British East India Company (BEIC), and later the crown, has the scholars divided on whether the colonial India suffered a systematic draw down of its economic resources—the so-called drain theory. While the British version underplays or denies such a drain, the nationalists suggest it was a major long-term damage. This article reviews and critiques the economic policies of the British Raj in detail to know whether there was at all a drain of resources out of India and, if yes, to what extent. It was found that while the nationalists exaggerated effects of the drain, their arguments hold significant value. Finally, drain theory is assessed in the backdrop of the theory of unequal exchange.


Author(s):  
Manuel Eisner

This chapter reviews the empirical evidence and theoretical frameworks for understanding the long-term trends in interpersonal violence on the British Isles, focusing on homicide. After an overview of the theoretical frameworks for long-term big-picture analyses of violence, it presents an introduction to the relevant historical sources and the problem of comparing violence over time. It then summarizes the current knowledge on trends and structural characteristics of homicide over the past 800 years, along with looking at infanticide as a separate category. The chapter finally provides an overview of core issues in four historical periods, namely the Middle Ages (1200–1500), the early modern period (1500–1800), the Industrial Age (1800–1950) and the post-Second World War period. For each period the chapter provides insight into historically specific cultural and economic processes that affected trends in violence.


Author(s):  
Duncan Hardy

Interpretations of the Holy Roman Empire have always been fraught and contested, particularly regarding the late medieval and early modern period. German historians have offered two main interpretations of the Empire in recent decades. The first sees it as a patchwork of territorial states, and the second as a Reichsverfassung: a constitutional system characterized by disjunctive or oppositional forces. This Introduction sets out how this book will re-conceptualize the Empire as a more coherent political entity, using Upper Germany as a wide-ranging case study. Viewed comparatively, the evidence from the period between 1346 and 1521 suggests that all kinds of political actors shared in the same structures, dynamics, and assumptions—the same ‘political culture’. In particular, elites constantly interacted within the framework of associations such as alliances and leagues, which are the main focus of this book, and force us to view the Empire as a more interconnected political landscape.


2015 ◽  
Vol 6 (2) ◽  
pp. 43-58
Author(s):  
Peter Gonsalves

In the year marking the birth centenary of the renowned semiotician Ronald Barthes, the article investigates a painting that was commissioned by the members of the British East India Company and installed in the central hall of their office in London. After establishing its historical context, the text employs Barthesian theory to unravel the cultural, symbolical and hermeneutical myths underpinning the ideology that sustained and promoted the colonial enterprise for more than a century.


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