8 Formality and Reality in Shariʿa Court Records: Socio-Economic Relations in the Ṣāliḥiyya Quarter in the Nineteenth Century

2020 ◽  
Vol 2020 (10-2) ◽  
pp. 176-184
Author(s):  
Dmitry Nechevin ◽  
Leonard Kolodkin

The article is devoted to the prerequisites of the reforms of the Russian Empire of the sixties of the nineteenth century, their features, contradictions: the imperial status of foreign policy and the lagging behind the countries of Western Europe in special political, economic relations. The authors studied the activities of reformers and the nobility on the peasant question, as well as legitimate conservatism.


1989 ◽  
Vol 16 ◽  
pp. 185-196
Author(s):  
Susan M. Hargreaves

It is well known that indigenous contemporary written documentation exists for the precolonial and early colonial history of some of the coastal societies of South-Eastern Nigeria. The best known example is Old Calabar, for which there exists most notably the diary of Antera Duke, covering the years 1785-88, a document brought from Old Calabar to Britain already during the nineteenth century. More recently John Latham has discovered additional material of a similar character still preserved locally in Old Calabar, principally the Black Davis House Book (containing material dating from the 1830s onwards), the papers of Coco Bassey (including diaries covering the years 1878-89), and the papers of E. O. Offiong (comprising trade ledgers, court records, and letter books relating to the period 1885-1907). In the Niger Delta S. J. S. Cookey, for his biography of King Jaja of Opobo, was able to use contemporary documents in Jaja's own papers, including correspondence from the late 1860s onwards. In the case of the neighboring community of Bonny (from which Jaja seceded to found Opobo after a civil war in 1869), while earlier historians have alluded to the existence of indigenous written documentation, they have done so only in very general terms and without any indication of the quantity or nature of this material.


Prawo ◽  
2020 ◽  
Vol 328 ◽  
pp. 97-108
Author(s):  
Dorota Wiśniewska

Remarks on the problems associated with the inculturation of the Napoleonic Code in the Kingdom of Poland — doubts concerning Article 530A serious problem can arise when a society has to deal with regulations not adapted to its internal relations, regulations that have been imposed on that society. Such a situation occurred in Poland in the early nineteenth century in connection with the introduction of the Napoleonic Code within the territory of the Duchy of Warsaw. This generated a lot of controversy, not only among members of the Council of State, but also among wealthy and lesser nobility as well as Catholic clergy. The state was characterised by numerous remnants of feudalism. The conditions, when it came to both social and economic relations, were different than those in France. Consequently, the provisions of the Code referring to property were not fully applicable in practice. After the fall of the Duchy of Warsaw the Napoleonic Code remained in force in the Kingdom of Poland and the Free City of Kraków. However, it still had many opponents in the Kingdom of Poland. In the end there emerged a concept of reform of property law, with one of its points being a change in the provisions guaranteeing inferior owners a possibility of redeeming their obligations. Such a right was guaranteed by Article 530 of the Code, which could lead to dominium utile or inferior ownership being transformed into dominium plenum or full ownership. A draft amendment was prepared by the Legislative Deputation and then adopted by the parliament on 13 June 1825. The inculturation of the Code in the Kingdom of Poland, a country on a lower level of socio-economic development than France, was doomed to failure. While in the Duchy of Warsaw the Napoleonic Code was fictitiously used in practice, as it were, in the Kingdom of Poland legislative work was undertaken to change civil law and adapt it to the conditions in the country. Bemerkungen zu den Problemen der Inkulturation des Code Napoléon im Königreich Polen — Fragen vor dem Hintergrund des Art. 530Das Aufzwingen der Gesellschaft der Vorschriften, die den dort herrschenden Verhältnissen nicht entsprechen, kann ein wesentliches Problem darstellen. Gerade mit dieser Situation hatte man auf polnischen Gebieten am Anfang des 19. Jahrhunderts im Zusammenhang mit der Einführung des Code Napoléon im Warschauer Herzogtum zu tun. Diese Maßnahmen weckten viele Kontroversen nicht nur unter den Mitgliedern des Standesrates, sondern auch des vermögenden und mittleren Adels sowie der katholischen Geistlichkeit. Den Staat charakterisierten zahlreiche feudale Überreste. Es herrschten dort andere als in Frankreich sowohl soziale, wie auch wirtschaftliche Verhältnisse. In der Folge fanden die Vorschriften des Gesetzbuches betreffend das Sachenrecht keine vollständige Anwendung in der Praxis.Nach dem Fall des Warschauer Herzogtums bewahrte das Code Napoléon die Kraft auf den Gebieten des Königreiches Polen und der Freistadt Krakau. Im Königreich Polen hatte es jedoch weiterhin viele Gegner. Letztendlich klärte sich die Konzeption einer Reform des Vermögensrechtes und ein ihrer Punkte war die Änderung der Vorschriften, die die Möglichkeit des Rückkaufs der Obliegenheiten durch die unterliegenden Eigentümer garantierten. Dieses Recht sicherte Art. 530 des Code Napoléon zu, dessen Geltung zur Umwandlung des unterstellten Eigentums in ein volles Eigentum führen könnte. Der Entwurf der Novellierung wurde von der Rechtsgebenden Deputation vorbereitet und dann durch das Parlament am 13. Juni 1825 beschlossen.Der Inkulturationsprozess des Gesetzbuches im Königreich Polen, einem Staat, der auf einer niedrigeren Ebene der sozial-wirtschaftlichen Entwicklung als Frankreich stand, war zu einer Niederlage verurteilt. Obwohl im Warschauer Herzogtum eine Fiktion der Anwendung des Code Napoléon in der Praxis angenommen wurde, so unternahm man im Königreich Polen legislatorische Arbeiten mit dem Ziel der Änderung des Zivilrechtes und seiner Anpassung an die im Lande herrschenden Verhältnisse.


Worldview ◽  
1972 ◽  
Vol 15 (10) ◽  
pp. 13-17
Author(s):  
Gunnar Myrdal

Just so there is no misunderstanding: I do not believe economic policies can make much of a contribution to peacekeeping. During the nineteenth century and up to the present there has been a tendency to stress too much the economic factors in international relations. Liberal economic theory, from the classical writers on, is in this respect strikingly similar to what we now identify as the “Marxist” tradition. It is glibly assumed in both camps that trade is an important contributor to peaceful relations on the political level. That trade and economic relations generally worked for peace was an important corollary to the free-trade doctrine, and as a general proposition it now receives almost universal acclaim.


2019 ◽  
pp. 15-50
Author(s):  
Susanna L. Blumenthal

Taking Herman Melville’s The Confidence-Man (1857) as a point of departure, this essay explores the perils of trusting too much or too little in the representations of strangers in a burgeoning capitalist society. It attends in particular to the “natural struggle between charity and prudence” that was exhibited not only by fictional passengers on the steamboat Fidèle but also by their real-life counterparts in nineteenth-century American courtrooms, where alleged con men and women were more than occasionally called to account for their questionable moneymaking ventures. While many of the era’s imaginative writers figured the law and its enforcers as marginal and ill equipped to meet the challenges posed by fraudsters, contemporary court records tell a different story, revealing the ways members of the bench and bar endeavored to police the ambiguous borderlands between capitalism and crime.


2015 ◽  
Vol 6 (1) ◽  
pp. 76-102
Author(s):  
Abdul-Karim Rafeq

Traditional medicine in the first three centuries of Ottoman rule in Damascus was practiced by local doctors who studied medicine, in addition to other Islamic studies, with their fathers or with others. It also included visitations to spiritual healers and shrines. Time-honoured procedures, such as cupping and the use of leeches, were also practiced. Biographical dictionaries, a major source for traditional medicine, mentioned only Muslim doctors, whereas the Islamic court records at the time mentioned Christian doctors. A turning point occurred in the nineteenth century when the state took over the initiative in establishing institutional medicine, as happened under Egyptian rule in Syria in the 1830s when a hospital was built and quarantine was introduced. The peak occurred under Sultan Abdülhamid II who ordered the building of a hospital in Damascus in 1899 and the establishment of a medical school in 1903.


2012 ◽  
Vol 92 (2) ◽  
pp. 269-302
Author(s):  
Karl Monsma

Abstract The article concerns differences in the nature and signs of honor among nineteenth-century Brazilian elites. Based primarily on the court records of a dispute between a frontier rancher and a wealthy urban merchant in Rio Grande do Sul, as well as the correspondence of the merchant with a wide variety of commercial and political contacts, it argues that honor symbolized the value and reliability of exchange partners among all elite groups, but differences in the nature of exchanges led to different means of gauging honor. Landowners involved mainly in local face-to-face exchanges evaluated male honor primarily by the observance of spoken agreements and promises, whereas merchants involved in long-distance trade emphasized careful accounting and the fulfillment of written obligations. In a vast country with severely limited educational opportunities for the great majority of the population, fluency in written communication and accounting skills became important means to accumulate wealth and power, allowing individuals with these skills to occupy central positions in long-distance trade and patronage networks. Differences in the nature of honor also fueled disdain and hatred in the civil wars of nineteenth-century Rio Grande do Sul, which tended to pit frontier ranchers against urban commercial and political elites.


Rural History ◽  
1990 ◽  
Vol 1 (1) ◽  
pp. 83-94 ◽  
Author(s):  
Mick Reed

Markets are ubiquitous, dominant, integrating all production nationally: that is interlocking markets in a national purchase and sale network at money price, organised on an economy-wide basis, a market network essential to all industrial and agricultural lines of production… Practically all farm output was sold for cash. All factors of production, land, labour, tools, transport, artificial fertilisers, were available on national markets for purchase at money price… Here we have total market dependence, for livelihood and the ubiquitous use of cash.


1973 ◽  
Vol 33 (2) ◽  
pp. 399-416 ◽  
Author(s):  
Mark Aldrich

Anumber of economic historians, including Charles Beard, C. Vann Woodward, and others have argued that southern economic development during the nineteenth century may have been significantly hindered by the South's political and economic relations with the North. Certainly the best known of such arguments is that of Charles Beard. Beard thought that the “normal” workings of the pre-Civil War political economy would have resulted in the relative eclipse of the southern economy even in the absence of the Civil War. Wartime devastation plus such northern policies as the tariff, the Homestead Law, the National Banking Act, and emancipation of the slaves, merely hastened and worsened the South's economic decline.


2002 ◽  
Vol 9 (3) ◽  
pp. 386-409 ◽  
Author(s):  
Mahmoud Yazbak

AbstractSharī'a court records (sijills) are legal documents that summarize discussions that took place in the courtroom. They also contain a wealth of detail on various aspects of Muslim society. Drawing on different sijills from nineteenth-century Palestine and fatwās of Khayr al-Dīn al-Ramlī, I examine the phenomenon of child marriage and the practice of khiyār al-bulūgh, literally "option of puberty". If a natural guardian contracts a marriage for a minor child, male or female, the child may not subsequently have the contract annulled. Whereas a boy enjoys the right to divorce his wife through the mechanism of talāq as soon as he reaches his majority, a girl who reaches her majority must approach the court if she wants to dissolve a marriage (faskh), and she may do so only if she was married while a minor by a non-natural guardian. In this case, she may exercise her right of khiyār al-bulūgh immediately upon reaching her legal majority, i.e., at the onset of her first menstruation. But she must make a public declaration of the occurrence of menstruation so that the persons who hear the declaration may serve as witnesses on her behalf.


Sign in / Sign up

Export Citation Format

Share Document