The decline and displacement of custom in early modern Spain

Author(s):  
Aniceto Masferrer

SummaryThis article aims to describe the reasons for the decline of customary law in the early modern era. Confining the discussion to a limited geographical setting – the Iberian Peninsula – the arguments I used might be easily applied to other European jurisdictions. Part I presents an explanation of the predominance of custom in the medieval Spanish legal traditions. Part II describes the general features of the law in the early modern era, since they contributed – to a greater or lesser degree – to the demise of custom. Part III focuses more specifically on the theoretical and practical reasons for the decline and displacement of custom in early modern Spain. Part IV describes the consequences of the Decrees of Nueva Planta (1707-1718), approved by Felipe V in the context of the War of the Spanish Succession (1700-1714), regarding the development of the notion and role of custom in the eighteenth century. The article concludes with some reflections, emphasising that although customs do not easily co-exist with the state or a strong political power, neither do they entirely perish.

2021 ◽  
pp. 219-262
Author(s):  
Carlo Pelliccia

This article examines one section, Regno della Cocincina of the unpublished manuscript Ragguaglio della missione del Giappone (17th century) preserved in the Archivum Romanum Societatis Iesu (ARSI). I analyze the historical-political, socio-cultural, ethnographic, and geographical information conveyed by the report’s author. The text explores the role of the Society of Jesus’ correspondence in the phenomenon of cultural interaction and mutual knowledge between Europe and East Asia in the early modern era.


2019 ◽  
Vol 72 (4) ◽  
pp. 1269-1325
Author(s):  
Ethan Matt Kavaler

Early modern ornament might profitably be considered as a set of systems, each with its own rules. It signaled wealth and status. It offered pleasure and prompted curiosity. It cut across the apparent divide between the vernacular and the classicizing. It was relational, understood in the context of a given subject but not necessarily subservient to it. The notion of ornament as essentially supplemental and the prejudice against ornamental excess are both children of the late eighteenth century. Both ideas depend on a post-Enlightenment conviction of the work of art as an autonomous, aesthetically self-sufficient object, an idea not fully formed in the early modern era.


AJS Review ◽  
2019 ◽  
Vol 43 (01) ◽  
pp. 23-46
Author(s):  
Shai A. Alleson-Gerberg

In an era when cannibalism occupied the European imagination and became a political weapon that could be effectively aimed against the Other within or elsewhere, as well as a test case for the concept of humanity, it is hardly surprising to find similar rhetoric in internal Jewish discourse of the early modern era. This article shows Rabbi Jacob Emden's contribution to this discourse in the eighteenth century, and extends the boundaries of the scholarly discussion beyond establishing Jewish-Christian proximity. Emden's halakhic position on the question “Is it permissible to benefit from the cadaver of a dead gentile?” (She'elat Ya‘aveẓ) connects cannibalism and theological heresy springing from an overly literal reading of the rabbinical canon, as well as ties it to the concept of the seven Noahide laws. For Emden, the consumption of human flesh, literally and particularly metaphorically, distinguishes between the sons of Noah and heretics, as well as between humanity and savages. Emden advanced this concept in his polemical writings against the Sabbatian heresy in the 1750s, when he became embroiled in controversy with Rabbi Jonathan Eibeschütz and the Frankists.


2016 ◽  
Vol 79 ◽  
pp. 35-53
Author(s):  
Charles Taliaferro

AbstractBorrowing from the title and some of the content of Karl Popper's The Open Society and its Enemies (1945), it is argued that museums have great value as sites for what may be called a philosophical culture. A philosophical culture is one in which members or citizens engage in (ideally) fair-minded debate and shared reflection, presenting and evaluating reasons for different positions particularly as these have relevance for matters of governance. In a philosophical culture, persuasion is almost always a matter of seeking to provide reasonable grounds for adopting some position without resorting to violence or physical force (though, of course, force may be necessary to constrain those who themselves resort to violence).A philosophical culture is, in turn, an important foundation for a democratic culture and republic. A philosophy of museums emerges, a model we shall call the Philosophical Culture Museum Model. This concept is stipulative and ideal in the sense that it presents a paradigm of a museum with great virtue and promise. It must be confessed, however, that, historically, this is an emerging concept of the role of museums and one not evident in many of the museums in the early modern era or today. Reasons are offered as to why the time may be right to recognize the philosophy of museums as a particular sub-field in the overall practice of philosophy.


2019 ◽  
Vol 15 ◽  
pp. 1
Author(s):  
Kirsten Ricquier

This contribution offers a new, critical bibliography of translations and editions of the five extant Greek romances in the early modern era, from the beginning of printing to the eighteenth century. By consulting catalogues of libraries, digitalised copies, and secondary literature, I expand, update and correct earlier bibliographies. I identify alleged editions and include creative treatments of the texts as well as incomplete versions. As an interpretation of my survey, I give an overview of broad, changing tendencies throughout the era and filter the dispersion over Europe in a wider area and period than was available so far, in order to get a more complete picture of their distribution. Furthermore, I point to some peculiar (tendencies in) combinations, among the lemmata themselves, as well as with other stories.Kirsten Ricquier studied Classical Philology at Ghent University (Belgium). She is currently a researcher at this institution funded by the European Research Council Starting Grant Novel Saints under the supervision of Professor Koen De Temmerman. Her research concerns the afterlife of ancient prose fiction in medieval Greek hagiography and the early modern era, the classical tradition (particularly in the long 18th century), and genre theory.


2019 ◽  
Vol 31 (2) ◽  
pp. 402-415
Author(s):  
Aasim Khwaja

The literature relating to the nature, scope and legacy of the engagement of the Mughals with the maritime space in the early modern era is beset with certain inadequacies. The consensus has it that a sophisticated commercial system functioned along the Gujarat coast, centred at Surat, largely independent of the presence of the Mughals per se in the region. This article re-examines the role of the Mughals to reveal a more dynamic picture that accounts for the paradoxes that riddle current understanding of this vital aspect of Mughal history.


Author(s):  
Silvia Serena Tschopp

Abstract:Focusing on a recently published book on the role of temporality and media in the process of early modern reformation this essay discusses the role of theories and histories of media and communication in research on the early modern era.


2020 ◽  
Author(s):  
Madison Jansen

Thomas Kyd's The Spanish Tragedy has been widely-read by the academic community, but not always for its own sake. Its influence on the Revenge Tragedy genre, and Shakespeare's Hamlet, have been common topics, sometimes at the expense of readings that engage with the play itself. This thesis continues a tradition of applying the ideas of Michel Foucault to the Early Modern era in order to interrogate the role of power, knowledge, and sovereignty. This thesis explores the way that Michel Foucault's theory of biopolitics, and the related concepts of necropolitics and necroresistance, create significant new ways of understanding the characters and themes of Thomas Kyd's The Spanish Tragedy. I first examine Bel-Imperia's presence in the text, as both a woman and a political pawn, and argue that her physical body exists in a contested space, serving as both a location for control and a means of resistance. By reinterpreting her role in the revenge narrative and her suicide through a political lens, we can more fully appreciate her violent actions as expressions of agency in pursuit of a calculated goal. Additionally, when we look at the stories of Hieronimo and Horatio through a necropolitical lens, it foregrounds the centrality of class in the conflict of the play. Through a close reading of Horatio's murder, I argue that Horatio and Hieronimo represent the threat of social mobility to the insular aristocratic class embodied by Lorenzo and Balthazar, and Horatio's murder serves as a reassertion of absolute sovereign control. Hieronimo's violent actions carry different implications when we are able to read them as not only acts of vengeance, but also, to some extent, of revolution. Ultimately, I argue that applying biopolitical theories to The Spanish Tragedy, and other plays from the Early Modern era, presents scholars with an opportunity to differently appreciate the relationship between agency and violence, and make sense of the seemingly senseless violence that often characterizes these works.


1999 ◽  
Vol 17 (3) ◽  
pp. 507-536 ◽  
Author(s):  
Norma Landau

In the early modern era, the business of England's criminal courts was founded upon charges brought and prosecuted by private individuals. And, as the English realized, private prosecutors posed a problem: how could the English ensure that private individuals would spend their own time and their own money in prosecuting an offender who had committed an offense against the peace of the realm? Parliament's solution was to proffer the carrot: sixteenth-century statute decreed that his prosecution of the thief was, in itself, action sufficient for the owner of stolen goods to recover those goods, while from 1692, statutes offered rewards to successful prosecutors of highway robbers, burglars, coiners, and other specified offenders. In contrast, England's magistrates wielded the stick, binding a plaintiff bringing an accusation of felony to prosecute an indictment against the alleged felon. As a result, private prosecutors of major offenses were both bribed and compelled to prosecute. Private prosecutors of more minor offenses were neither bribed nor compelled to prosecute, and yet they did, nonetheless, prosecute indictments. Why?


2018 ◽  
Vol 30 (4) ◽  
pp. 649-662
Author(s):  
Endang Susilowati ◽  
Singgih Tri Sulistiyono ◽  
Yety Rochwulaningsih

This article explores maritime diplomacy as a relatively new field of research in the maritime history of Southeast Asia. It is argued that maritime diplomacy was an important element in the history of the region, whose natural character places the sea as a key factor in its historical evolution. The significant role of the sea in the past shaped coastal civilizations, which in turn preconditioned the development of maritime diplomatic links between political centres in Southeast Asia, leading to the integration of this region. During the premodern period, coastal civilizations were the means through which diplomatic negotiations between political powers were conducted in Southeast Asia. Although coloured by conflicts and competition, such diplomatic ties did not result in colonial relationships, as which occurred during the early modern era, when Europeans succeeded in gaining control of almost all of Southeast Asia’s political and economic centres.


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