Legal history Books

Book SynopsisThe discovery of the Babatha archive provided scholars with unique opportunities for reconstructing the life of Jews in second-century Arabia. Although legal issues and especially the question of the relationship between Roman and local law have received attention in a number of publications, this study presents the first complete overview of the legal situation as presented in the Babatha as well as the Salome Komaise archive, using references to law in the documents' texts as the key element for understanding what law is applicable to these documents. By distinguishing between two levels in the papyri, of substantive and of formal law, a new understanding is reached of the part both Roman and local law played in legal reality.

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Book SynopsisThis is the first systematic analysis of the early introduction and reception of international law as a Western political and legal science in China. International law in late imperial China is studied both as part of the introduction of the Western sciences and as a theoretical orientation in international affairs between 1847 and 1911. The first chapters serve the purpose of analysing the political, institutional, intellectual and linguistic process of adapting the theories of international law to the Chinese context language. The second major part of the book is dedicated to the discourse on China and world order within this framework.

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Book SynopsisLlawysgrif Pomffred presents for the first time an edition of an overlooked Welsh law manuscript, Peniarth 259B. This is an important and groundbreaking edition which will contribute to our understanding of the relationship and development of the Welsh law texts. The manuscript contains a law text of the Cyfnerth redaction, seen to be the earliest of the Welsh law redactions, and it also has a lengthy tail of additional material which is largely practical in nature, and seems to reflect the legal situation in the March of Wales, with English and Welsh legal customs being mixed. The manuscript may have been given to a certain Einion ab Adda whilst he was in prison in Pontefract.Trade Review“…Roberts' book is a significant contribution, both to advancing understanding of the complexities of medieval Welsh law for specialists and to explaining this subject to those who are not specialists... Roberts has organized her text and translation so that each of the 2,292 sentences is labeled with a superscript number, allowing for very precise citation by sentence in her introduction, notes, and indices. The notes comment in very readable prose on various sections of the text and also provide clear definitions for many of the specialized Welsh-language legal terms... Roberts is a fine young scholar, best known for her edition of medieval Welsh legal triads that appeared in 2007. … this is a well-written and thoughtful book which will be useful to scholars who do not know Welsh.” Frederick Suppe, Ball State University, The Medieval Review 11.11.29Table of ContentsDiolchiadau... ix Introduction... 1 MedievalWelsh Law... 1 The Cyfnerth Redaction... 6 Note on the Origin of ThisWork... 9 The Manuscript... 10 Significance of the Manuscript... 21 The Tail of Z... 23 Conclusions... 41 This Edition... 43 Conspectus... 47 Text and Translation... 67 Notes... 277 Bibliography... 353 Index... 359 Index to the Notes... 377

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Book SynopsisThe essays in this volume in honour of Paul Brand, Senior Research Fellow of All Souls College, Oxford, match his career and interests in the world of legal history as well as medieval social and economic history and textual studies. The topics explored include the Angevin reforms, legal literature, the legal profession and judiciary, land law, the relation between the crown and the Jews, the interaction of the Common Law with Canon and Civil Law, as well as procedural and testamentary procedures, the management of both ecclesiastical and lay estates and the afterlife of medieval learning. Like Brand’s own work, all the essays are grounded on detailed studies of primary sources. The result is a high quality scholarly book that will be of interest and use to medieval scholars, students and non-specialists with wide-ranging and varied interests. Contributors include Sir John H. Baker*, David Carpenter, David Crook, Charles Donahue, Jr, Barbara Harvey, Richard H. Helmholz, John Hudson, Paul Hyams, David J. Ibbetson, Susanne Jenks, Janet S. Loengard, Alexandra Nicol, Bruce R. O'Brien, Robert C. Palmer, Sandra Raban, Jonathan Rose, Henry Summerson and Sarah Tullis. *Professor Jon Baker is the winner of the American Society for Legal History’s 2013 Sutherland Prize. The prize, which is awarded annually, is for the best article on English legal history published in the previous year. The Prize was awarded to John baker for his article “Deeds Speak Louder Than Words: Covenants and the Law of Proof, 1290-1321" in Laws, Lawyers and Texts: Studies in Medieval Legal History in Honour of Paul Brand, ed. Susanne Jenks, Jonathan Rose and Christopher Whittick (2012). For more information about the Prize see: http://aslh.net/about-aslh/honors-awards-and-fellowships/sutherland-prize/Trade Review"...In Anerkennung seiner großen Verdienste um die anglophone Rechtsgeschichte haben seine Freunde, Kollegen und Schüler die vorliegende Festschrift verfasst. Sie enthält außer einer einfühlsamen Würdigung [...] insgesamt 16 eindringliche Studien [...] Eine Bibliographie der zahlreichen weiterführenden Arbeiten des Geehrten und ein umfangreicher Index schließen das mit Illustrationen und einem Brustbild Brands geschmückte vielseitige Werk benutzerfreundlich ab und zugleich auf." Gerhard Köbler, Innsbrück, February 2014 (http://www.koeblergerhard.de/ZIER-HP/ZIER-HP-04-2014/LawsLawyersandTexts.htm) "This volume is both a worthy tribute to the person it honours, Professor Paul Brand, formerly of All Souls, Oxford, and recently visiting Professor in the University of Michigan Law School, and a significant contribution in its own right to the areas of research made possible by Brand’s scholarship. [...] There is much here for readers interested in the history of specific actions in the English common law [...] This book deserves a wider readership than the specialist nature of its subject matter will no doubt allow. This is to compliment the editors and contributors for appositely paying tribute to their dedicatee; on the other hand, such rich scholarship deserves to read by all." Jason Taliadoros, (School of Law, Deakin University), Parergon, Vol. 30, 2, 2013, pp. 202-204 "...This festschrift is a richly-deserved tribute to Brand's continuing collegiality and influence. [...] Taken as a whole, this collection not only stands as a testament to the influence of Paul Brand himself on his friends, colleagues, and students, but as a testament to the high quality of scholarly production among current historians of medieval English law. [...] all demonstrate the kind of meticulous scholarship and accessible presentation for which Brand is justifiably well known. [...] In the final analysis, this is not only a welcome addition to the body of work on English law and procedure, it is also a fitting tribute to one of the most productive and significant members of that community. Those interested in the topics of the articles themselves will find much to value in them; those curious about the state of English legal history today will find it well represented here." Linda E. Mitchell (University of Missouri--Kansas City), The Medieval Review 13.09.46 "...einem sauber bearbeiteten umfangreichen Index...die hohe Konsistenz der Einzelbeiträge untereinander...Alle Beiträge beziehen sich ganz explizit auf das zentrale Arbeitsgebiet des Jubilars: Recht und Rechtspflege im England des »langen« 13. Jahrhunderts....Damit ist schon ein weiterer Schwerpunkt angesprochen, der die meisten der versammelten Beiträge durchzieht: der ständig wiederkehrende und wohltuende Bezug zur Quellenkunde und Quellenkritik...Diese Festschrift stellt einen facettenreichen und doch thematisch konsistenten Beitrag zur englischen Rechtsgeschichte des hohen und späten Mittelalters dar, mit der die Forschungsinteressen des Jubilars aufgegriffen und überzeugend weitergeführt werden." Hiram Kümper (Universität Bielefeld), Francia-Recensio 2013/3 | Mittelalter - Moyen ge (500-1500) "...The focus of the volume is predominantly on the Common Law and the English legal system, reflecting Brand’s expert knowledge and interpretation of medieval law and legal practice, and it would have been easy to locate the essays purely within this comfortable domain. One of the key strengths of this book, however, is that many of the contributions range more broadly, examining overlaps between other legal traditions and jurisdictions..." Anthony Musson (Bracton Centre for Legal History Research, University of Exeter), Edinburgh Law Review. Volume 17, Page 268-269 DOI 10.3366/elr.2013.0159, ISSN 1364-9809, Available Online May 2013Table of ContentsList of Illustrations ... ix Paul Brand: Encomium ... xi *Barbara Harvey Editors’ Preface ... xv List of Abbreviations ... xvii List of Contributors ... xxi Constitutions of Clarendon, Clause 3, and Henry II’s Reforms of Law and Administration ... 1 *John Hudson Notes on the Transformation of the Fief into the Common Law Tenure in Fee ... 21 *Paul R. Hyams An English Book of Laws from the Time of Glanvill ... 51 *Bruce O’Brien Annuities and Annual Pensions ... 69 *Richard H. Helmholz Civilian and Canonist Influence on the Writ of Cessavit per Biennium ... 87 *David Ibbetson Burning Issues: The Law and Crime of Arson in England, 1200–1350 ... 101 *Henry Summerson Crucifijixion and Conversion: King Henry III and the Jews in 1255 ... 129 *David Carpenter Robert of Lexington, Senior Justice of the Bench, 1236–1244 ... 149 *David Crook Deeds Speak Louder Than Words: Covenants and the Law of Proof, 1290–1321 ... 177 *John Baker Lawyers Retained by Peterborough Abbey in the Late Thirteenth and Early Fourteenth Centuries ... 201 *Sandra Raban The Legal Professions of Fourteenth-Century England: Serjeants of the Common Bench and Advocates of the Court of Arches ... 227 *Charles Donahue, Jr Writs De Minis and Supplicavit: The History of Surety of the Peace ... 253 *Susanne Jenks Common Law and Custom: Windows, Light, and Privacy in Late Medieval England ... 279 *Janet S. Loengard Medieval Estate Planning: The Wills and Testamentary Trials of Sir John Fastolf ... 299 *Jonathan Rose Glanvill after Glanvill: The Afterlife of a Medieval Legal Treatise ... 327 *Sarah Tullis The Construction of an Online Digital Archive: The Anglo-American Legal Tradition Website Project ... 361 *Robert C. Palmer Bibliography of the Published Works of Paul Brand ... 379 *Alexandra Nicol Index (by Carrie Smith) ... 385

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Book SynopsisThe reign of al-Muqtadir (295-320/908-32) is a crucial and controversial epoch in the history of the Abbasid empire. Al-Muqtadir’s regime has traditionally been depicted as one of decline, when the political power of the caliphate and the lustre of its capital began to crumble. This book not only offers a substantial investigation of the idea and reality of decline, but also provides new interpretations of the inner workings of the court and the empire. The authors, four specialists of Abbasid history, explore the formal and informal power relationships that shaped politics at the court, involving bureaucrats, military, harem, courtiers and of course al-Muqtadir himself. A study of the topography of Baghdad completes this vivid picture of the court and its capital.Trade Review« L’ouvrage est d’une grande qualite formelle et le fil conducteur entre les differents chapitres apparait clairement. L’interet de ce livre reside sans conteste dans le fait qu’il donne a voir et a penser des interactions entre les differentes spheres qui animaient la vie politique sous al-Muqtadir. Ces spheres loin d’etre isolees les unes des autres etaient liees entre elles par des reseaux, que les auteurs se sont attaches a mettre en lumiere. Les auteurs presentent un tableau vivant des mecanismes a l’oeuvre en identifiant les strategies baties par les differents acteurs du regne d’al-Muqtadir. Il en resulte un ouvrage coherent, renouvelant l’approche sur cette periode mouvementee de l’histoire abbasside en inscrivant sa reflexion dans celle des court studies.” Eugénie Rébillard in: Arabica 61 (2014) 613-629. "A lot of thought and effort must have gone into framing this book and there is no doubt that it was worth it." Konrad Hirschler in: Al-Abhath 64 (2016). "This is an excellent book and is deeply rewarding to read. There remains a great deal of work to be done on al-Muqtadir and the structure of the Abbasid state, but these four scholars have lit a clear path forward." John P. Turner in: Early Medieval Europe, 25 (2017).Table of ContentsIntroduction Time line Map of caliphate Part I 1. The Reign of al-Muqtadir (295-320/908-32): A History, Hugh Kennedy 2. The Caliph, Letizia Osti Part II 3. The Vizier, Maaike van Berkel 4. The Bureaucracy, Maaike van Berkel 5. The Military, Hugh Kennedy Part III 6. The Chamberlains, Nadia Maria El Cheikh 7. The Harem, Nadia Maria El Cheikh 8. Culture, Education and the Court, Letizia Osti General Conclusion Appendix: Baghdad at the Time of al-Muqtadir, Judith Ahola and Letizia Osti Bibliography Index

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Book SynopsisSince 1945, the United Nations has had an internal justice system to handle internal disputes and examine employee conformity with its rules of governance. Based on an exhaustive analysis of 3,067 judgements, advisory opinions, and General Assembly debates on the issue, The Internal Justice of the United Nations offers an unparalleled account of the system’s effectiveness and shortcomings over its seventy year history.

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Book SynopsisThis collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization. Le présent ouvrage réunit les contributions de juristes internationaux reconnus en vue d’éclairer les multiples facettes de l’histoire du droit international public. L’ouvrage analyse et questionne les origines et les fondements de l’ordre juridique international. Une attention toute particulière est dédiée à Hugo Grotius l’un des pères fondateurs du droit international. D’autres contributions questionnent également la tradition positiviste initiée par Vattel et confortée par la doctrine du 19ème siècle. Cette immersion dans les origines doctrinales du système juridique international est enrichie par l’étude de la pratique du droit international public, son évolution ainsi que le rôle des traditions non-occidentales et l’impact de la colonisation.Table of ContentsAvant-propos Jean-Michel Jacquet I. THE LEGACY OF GROTIUS AND HIS FORUNNERS / L’HERITAGE DE GROTIUS ET SES DEVANCIERS International Law and the Emergence of Mercantile Capitalism: Grotius to Smith Martti Koskenniemi The Meaning of Trust: Fides between Self-Interest and Appetitus Societatis Hans W. Blom With Grotius against Grotius: Jephtha’s “Appeal to Heaven” in John Locke’s Two Treatises of Government Gabriella Silvestrini Droit international et chrétienté : des origines espagnoles aux origines polonaises du droit international. Autour du sermon De bellis justis du canoniste polonais Stanislas de Skarbimierz (13601431) Alfred Dufour Jus gentium medium est intra jus naturale et jus civile : la « double face » du Droit des Gens dans la scolastique espagnole du 16ème siècle Franco Todescan Alberico Gentili and the Hanse: The Early Reception of De iure belli (1598) Alain Wijffels Political Theory and Jurisprudence in Gentili’s De iure belli: The Great Debate between “Theological” and “Humanist” Perspectives from Vitoria to Grotius Diego Panizza II. THE POSITIVIST TRADITION IN THE HISTORY OF INTERNATIONAL LAW / LA TRADITION POSITIVISTE DANS L’HISTOIRE DU DROIT INTERNATIONAL Vattel and the American Dream: An Inquiry into the Reception of the Law of Nations in the United States Vincent Chetail Jurisprudential Polyphony: The Three Variations on the Positivist Theme in the 19th Century Stephen C. Neff L’influence du positivisme sur la doctrine volontariste et objectiviste en droit international : plus qu’un facteur de rapprochement ? Eric Wyler L’histoire du droit international est-elle compatible avec les théories positivistes? Jean-Louis Halpérin III. ORIGIN AND EVOLUTION OF THE INTERNATIONAL LEGAL ORDER / ORIGINE ET EVOLUTION DE L’ORDRE JURIDIQUE INTERNATIONAL Quelques réflexions sur les origines historiques de l’ordre juridique international Pierre-Marie Dupuy The Light that Failed: The Future of Human History Philip Allott Brèves remarques sur les origines du droit international Eric David Les origines du droit international public et le concept de discours fondateur Slim Laghmani Contra pluralitatem principatuum : trois critiques du système dit westphalien (formulées avant la paix de Westphalie) Bruno Arcidiacono Le cheminement historique des organisations internationales : entre technocratie et démocratie Anne Peters Recherches sur le fondement de la légitimité judiciaire Jorge Viñuales IV. NON-WESTERN TRADITIONS AND THE BURDEN OF COLONISATION / LES TRADITIONS NON-OCCIDENTALES ET LE POIDS DE LA COLONISATION Multi-Civilizational International Law in the Multi-Centric 21st Century World: Transformation of West-Centric to Global International Law as Seen from a Trans-Civilizational Perspective Onuma Yasuaki Aux origines du droit international : la conquête de l’Amérique François Rigaux Des origines coloniales du droit international : à propos du droit des gens moderne au 18ème siècle Emmanuelle Jouannet Considérations sur le droit international public des anciennes cultures extra-européennes et ultra-méditerranéennes Robert Kolb Les traités d’alliance avec les infidèles : l’« infâme » précédent du Traité de Jaffa du 18 février 1229 entre Frédéric II et le Sultan d’Egypte Al-Kamil Giovanni Distefano A propos de deux clichés sur l’histoire du droit international en Asie de l’est : une reconsidération de l’ordre mondial chinois et du discours de traités inégaux Shotaro Hamamoto Bibliography Peter Haggenmacher / Bibliographie Peter Haggenmacher

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Book SynopsisAudun’s Story is the tale of an Icelandic farmhand who buys a polar bear in Greenland for no other reason than to give it to the Danish king, half a world away. It can justly be listed among the finest pieces of short fiction in world literature. Terse in the best saga style, it spins a story of complex competitive social action, revealing the cool wit and finely-calibrated reticence of its three main characters: Audun, Harald Hardradi, and King Svein. The tale should have much to engage legal and cultural historians, anthropologists, economists, philosophers, and students of literature. The story’s treatment of gift-exchange is worthy of the fine anthropological and historical writing on gift-exchange; its treatment of face-to-face interaction a match for Erving Goffman.Trade Review“...Miller er í hópi útvalinna fræðimanna sem næmast auga hafa fyrir frumtexta og túlkun hans, og kunna að miðla hugsun sinni þannig að lærðum jafnt sem leikum opnast nýjar dyr... Bókin ber með sér ástríðu fyrir íslenskum miðaldabókmenntum, fyrir samspili texta og samfélags, fyrir kenjum og kostum mannlegrar hegðunar, fyrir margræði tjáningarinnar, fyrir heiðri einstaklingsins og fyrir kaldhæðni valdsins. ... Hér er skólabókardæmi um hvernig stuttur og afmarkaður texti getur þjónað sem umræðuvettvangur fyrir þemu sem hafa mun almennara gildi... Mesta syndin væri að fara á mis við [Miller]; bókinn er görsemi." ["Miller belongs to a group of chosen scholars who have the most sensitive eye for an original text and its interpretation, and he knows how to deliver his thought so that new doors open to scholar and general reader alike ... The book shows a passion for Icelandic medieval literature, for the interrelation of text and society, for the vagaries of human behavior, for the ambiguities of expression, for distinctly drawn individuals and for the cold irony of power ... Here is a textbook example of how a short and sharply framed text can serve as a platform for discussion of themes that have wide-ranging significance... it would be the greatest of sins to miss out on Miller; the book is a treasure."] - Viðar Pálsson, in: Saga (Tímarit Sögufélags) XLIX: 1 (2011) 175-186 “Miller's analysis draws out strand after rich strand from this fine yarn … Miller's interpretations of Audun's Story and a handful of other short Norse narratives .. are superlative. Miller again shows himself in this book to be sensitive to every nuance of Iceland's matchless literary corpus--a literature that is "character and strategy all the way down" (76). By the time he pronounces on the tháttr's resolution, "This is sublime" (64), there is neither hyperbole nor bathos in his statement: the reader sees precisely what motivates his rapture and can only concur with his judgment… Complicated? Thought provoking? Yes, and more: this comes pretty darn close to sublime ... For better or worse--for better--Miller's is likely to be the last word for a long while on this crafty little tale.” - Oren Falk, in: The Medieval Review, 11 March 2009 “…[Miller’s] reading of the Audun episode is one of the most extensive I have seen of such a small narrative and it is inspiring how confi¬dently he allows himself ample time and space for it… Miller is much concerned with social rules and tends to demystify concepts such as luck … without ever sounding banal or reductionist. Indeed one of his main goals seems to be to allow the narrative to keep its charm when treated very thoroughly. And he is extremely thorough, although never unnecessarily so… Although it will probably not attract as big as an audience as Miller’s previous books owing to its Old Norse theme, those who are not put off will reap the rewards. And those already involved in Old Norse can welcome Miller’s impressive return to a field he never really left.” - Ármann Jakobsson, in: Saga Book of the Viking Society, vol. XXXIV, 2010 “…Audun and the Polar Bear is an excellent book that shows how a deep knowledge of folk culture can explain a literary text. It should be read by anyone with an interest in the study of folklore and literature, folk law, folk custom, or medieval Iceland and Scandinavia.” - David Elton Gay, in: Journal of Folklore Research Reviews, March 23, 2010 “The book should amply succeed in its objective—to interest a readership both within saga studies and in the wider fields of legal and cultural history, anthropology, economic ethnography, sociology, and philosophy. The þáttr at its centre should with Miller’s advocacy acquire the wider audience it deserves; it of course needs no advertisement where saga aficionados are concerned. … In sum, we can be grateful to Miller for his acumen, his learning, his tenacity, and (all-important) his clarity in demonstrating that so apparently simple a story can accommodate such a wealth of meaning.” - Russell Poole, in: Scandinavian-Canadian Studies, 20 (2011) 120-123

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Book SynopsisModern bank insurance is traced to its roots in The Chinese Cornerstone of Modern Banking: The Canton Guaranty System and the Origins of Bank Deposit Insurance 1780-1933. Frederic Delano Grant, Jr. provides new understandings of the Canton System, collective responsibility for debt at Canton, and the history of deposit insurance. The Canton Guaranty System inspired radical reform in New York in 1829 – the ancestor of all modern deposit insurance. Yet it was never the success imagined, and soon failed. In the Opium War, the Chinese government as implicit guarantor was forced to pay its debts in full on 23 July 1843. The afflictions of the Chinese system, including moral hazard, too big to fail, and unenforced laws, remain familiar today.Trade Review“As the United States and China are today inextricably interlocked in trade and investment, so too are their legal systems. This makes knowledge of the origins of this world-shaping economic cooperation, and the roles of law in its development, more important than ever. Frederic Grant’s well-researched and interesting book sheds new light on all of this and China’s previously-unknown influence on American business law in the nineteenth century.” Jerome Alan Cohen, Professor of Law, New York University School of Law A "piece of masterly detective work on how ideas travel over time and space, become adopted successfully in a different place, and then come back to where they started." Andrew Sheng, Distinguished Fellow of the Fung Global Institute, Chief Advisor to the China Banking Regulatory Commission, former Deputy Chief Executive of the Hong Kong Monetary Authority “This is both a pioneering and a path-breaking study. Crossing national as well as disciplinary borders, it traces bank deposit insurance, the cornerstone of efforts to secure the stability of modern banking systems worldwide, to its origins in a government mandated private guarantee fund set up by the Cantonese hong merchants before 1800. Although that fund eventually failed due to moral hazard and other all too familiar problems, it had already become famous for its effectiveness, and was taken as the inspiration for banking reform in the United States. Using evidence from records of Western traders and North American law case records, and drawing on the author's rich experience as a lawyer and legal historian, this book shows the self-confidently global activity of these Chinese merchants and trade financiers. This is a substantial and innovative contribution to the global history of economic and legal institutions.” Rudolf Wagner, Senior Professor, Institute of Chinese Studies, Heidelberg University. “Frederic Grant's legal history sleuthing enriches in stunning ways our understanding of old Canton as a nexus of globalization.” John E. Wills, Jr., Emeritus Professor of History, the University of Southern CaliforniaTable of ContentsAcknowledgements ... ix List of Illustrations ... xii List of Tables and Charts ... xiv Note on Spelling ... xv Glossary ... xvi 1. Introduction ... 1 1.1 Subject and Framework .... 3 1.2 Previous Research ... 8 1.3 The 1829 Crisis in the State of New York ... 13 1.4 The Crisis in the Chinese Port of Canton: 1829 ... 15 1.5 The 1829 Crises as Prologue ... 16 2. Sources of the Canton Guaranty System ... 18 2.1 Conquest and Pacification ... 18 2.2 The Organization of Merchants Engaged in Maritime Trade ... 31 2.3 Official Roots of Collective Responsibility ... 39 2.4 Collective Responsibility in Chinese Tradition ... 47 3. Evolution of the Canton Guaranty System ... 54 3.1 Official Management of Maritime Foreign Trade ... 54 3.2 The Security Merchant System and Origins of Collective Responsibility ... 60 3.3 The Formal Regulation of Maritime Foreign Trade ... 71 3.4 Debt Collection Under the Canton System ... 93 3.5 The 1780 Crisis and Imposition of the Collective Guaranty ... 111 4. The Fund is Drained, 1780-1799 ... 126 4.1 The Hong Merchants, 1780-1799 ... 127 4.2 The Demands of Government, 1780-1799 ... 129 4.3 Trading Conditions, 1780-1799 ... 132 4.4 The Collective Guaranty of Debt, 1780-1799 ... 138 5. Three Plagues: War, Piracy and Litigation, 1800-1814 ... 146 5.1 The Hong Merchants, 1800-1814 ... 148 5.2 The Demands of Government, 1800-1814 ... 151 5.3 Trading Conditions, 1800-1814 ... 154 5.4 The Collective Guaranty of Debt, 1800-1814 ... 157 5.5 The Abortive 1810 Receivership of Gnewqua II and Ponqua ... 159 5.6 The 1813 Receivership of the Junior Hong Merchants ... 163 6. Years of Rebound and Opium, 1815-1828 ... 166 6.1 The Hong Merchants, 1815-1828 ... 166 6.2 The Demands of Government, 1815-1828 ... 170 6.3 Trading Conditions, 1815-1828 ... 171 6.4 The Experience of Conseequa, 1796-1823 ... 173 6.5 The Collective Guaranty of Debt, 1815-1828 ... 184 7. The Last Years of the Canton System, 1829-1842 ... 192 7.1 The Hong Merchants, 1829-1842 ... 194 7.2 Trading Conditions, 1829-1842 ... 202 7.3 The Collective Guaranty of Debt, 1829-1842 ... 207 8. From Safety Fund to Bank Deposit Insurance ... 218 8.1 Joshua Forman ... 221 8.2 The Power of Suggestion ... 224 8.3 The Banking Crisis in the State of New York ... 226 8.4 The 1829 New York Safety Fund Statute ... 230 8.5 Early State Bank Guaranty Programs ... 237 8.6 Implementation of National Deposit Insurance in the United States ... 240 9. Eighty Years of Bank Deposit Insurance ... 252 9.1 Federal Deposit Insurance in the United States ... 253 9.2 The International Progress of Bank Deposit Insurance ... 257 10. Epilogue ... 263 Appendices Appendix 1. The Original Five Regulations (1760), Modern Translation ... 283 Appendix 2. The Original Five Regulations (1760), Contemporary Translation ... 286 Appendix 3. The Eight Regulations (1831) ... 291 Appendix 4. The Eight Regulations (1835) ... 301 Appendix 5. The Eight Regulations (Per W.C. Hunter) ... 312 Bibliography ... 315 Index ... 333

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Book SynopsisAccidents often occur not only through the fault of the wrongdoer but also partly through the conduct of the injured party. This contributory conduct of the injured party and its consequences for the delictual liability of the wrongdoer have been central issues in the study of private law for centuries. In Contributory Negligence. A Historical and Comparative Study Van Dongen presents a detailed study of how from Antiquity to today the negligent behaviour of the injured party has influenced claims for damages based on delictual liability and how it evolved into the modern concept of contributory negligence. His research comprises a comparative legal study of the main current developments concerning the concept of contributory negligence in France, Germany and the Netherlands.Trade Review'[...] il lavore recensito deve essere sicuramente apprezente perché dimostra un notevola impegno nella discussione delle fonti e della letteratura, e colma una lacuna negli studi storico-giuridici sul danno extracontrattuale.' Maria Floriana Cursi, in: Zeitschrift der Savigny-Stiftung für Rechtsgeschichte, 135. band 2018, pp. 818-830. 'Van Dongen [heeft] voor dit boek enorm veel werk [...] verzet in het zoeken en bestuderen van relevante bronnen over een lange periode in de geschiedenis. Vooral voor de middeleeuwen heeft hij daarbij veel meer gedaan dan normaal gesproken van een promovendus verwacht mag worden. Maar ook voor de recentere tijd is een bewonderenswaardig scala aan materiaal geraadpleegd en zo gemakkelijk toegankelijk gemaakt voor andere onderzoekers.' Tammo Wallinga, in: Rechtsgeleerd Magazijn THEMIS, 2016-1, p. 42-45. '[...] the book of van Dongen is the product of great effort to accomplish an ambitious and accurately designed historical and comparative research on the rules of contributory negligence. The outcome will be appreciated by both legal historians and comparatists who are interested in the history of private law and the evolution of delictual law.' Dmitry Poldnikov (Associate Professor of Legal History at Higher School of Economics, Moscow, Russia), in: Journal on European History of Law, Vol. 5/2014, no. 2, p. 134-135.Table of ContentsAcknowledgments ... xiii Abbreviations ... xv Chapter One Introduction ... 1 1.1 The subject of this study ... 1 1.2 Methodology ... 5 1.3 Structure ... 10 Chapter Two Roman Law in Antiquity ... 13 2.1 Introduction ... 13 2.2 The origin of the regula of D. 50.17.203 ... 16 2.3 Alfenus’ reply in the case of the innkeeper ... 30 2.4 Ulpian’s reply in the case of the javelin throwers ... 54 2.5 Ulpian’s reply in the barber case ... 78 2.6 General treatment of all relevant cases in Justinian law ... 98 2.7 Concluding remarks ... 102 Chapter Three Medieval Ius Commune ... 105 3.1 Introduction ... 105 3.2 Medieval Roman legal scholarship ... 109 3.3 Canon law ... 146 3.4 Short comparative remarks ... 177 3.5 Concluding remarks ... 183 Chapter Four Early Modern Period ... 189 4.1 Introduction ... 189 4.2 Legal humanism ... 192 4.3 A general introduction to the period of the Reception of Roman law ... 222 4.4 Roman-Dutch law ... 227 4.5 Usus modernus pandectarum ... 255 4.6 The northern natural law school ... 285 4.7 Concluding remarks ... 298 5.1 Introduction: content, method and structure ... 303 5.2 Codifications around 1800 ... 308 5.3 Conservatism in nineteenth-century legal doctrine and the struggle of nineteenth-century judges ... 312 5.4 Codifications around 1900 ... 331 5.5 Modern contemporary solutions to the problem of contributory negligence ... 339 5.6 Traffic accidents: rise and fall of the all-or-nothing approach? ... 353 5.7 Contributory negligence after the damaging event ... 358 5.8 Harmonisation: rules for the future? ... 362 5.9 Concluding remarks ... 367 Chapter Six Summary and Concluding Remarks ... 373 6.1 Introduction ... 373 6.2 Roman law in Antiquity ... 374 6.3. Medieval ius commune ... 376 6.4 The humanistic contribution ... 379 6.5 Reception, Roman-Dutch law and usus modernus ... 379 6.6 The northern natural law school ... 381 6.7 The concept of contributory negligence in the nineteenth century ... 382 6.8 The concept of contributory negligence in modern and contemporary law ... 384 6.9 To conclude ... 386 Bibliography ... 389 Index of Names ... 453 Index of Sources ... 459 Index of Cases ... 473

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Book SynopsisTheorizing Legal Personhood in Late Medieval England is a collection of eleven essays that explore what might be distinctly medieval and particularly English about legal personhood vis-à-vis the jurisdictional pluralism of late medieval England. Spanning the mid-thirteenth to the mid-sixteenth centuries, the essays in this volume draw on common law, statute law, canon law and natural law in order to investigate emerging and shifting definitions of personhood at the confluence of legal and literary imaginations. These essays contribute new insights into the workings of specific literary texts and provide us with a better grasp of the cultural work of legal argument within the histories of ethics, of the self, and of Eurocentrism. Contributors are Valerie Allen, Candace Barrington, Conrad van Dijk, Toy Fung Tung, Helen Hickey, Andrew Hope, Jana Mathews, Anthony Musson, Eve Salisbury, Jamie Taylor and R.F. Yeager.Table of ContentsContents Acknowledgments vii List of Figures viii List of Contributors ix 1 Theorizing Legal Personhood in Late Medieval England 1 Andreea Boboc 2 Royal Personhood and The Owl and the Nightingale 29 Jana Mathews 3 Carried Away by the Law: Chaucer and the Poetry of Abduction 50 Eve Salisbury 4 John Gower’s Poetry and the ‘Lawyerly Habit of Mind’ 71 R.F. Yeager 5 The Spectral Advocate in John Gower’s Trentham Manuscript 94 Candace Barrington 6 Vengeance and the Legal Person: John Gower’s Tale of Orestes 119 Conrad van Dijk 7 Impossible Piety 142 Valerie Allen 8 Controlling Human Behaviour? The Last Judgment in Late Medieval Art and Architecture 166 Anthony Musson 9 Legal Personhood and the Inquisitions of Insanity in Thomas Hoccleve’s Series 192 Helen Hickey 10 Of Adam’s Rib, Cannibalism, and the Construction of Otherness through Natural Law 218 Toy-Fung Tung 11 Thomas More and Humphrey Monmouth: Conscience and Coercion in Reformation England 244 Andrew Hope 12 Animal Rights, Legal Agency, and Cultural Difference in The Testament of the Buck 270 Jamie Taylor Index 291

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Book SynopsisThe four Livres des procurateurs de la nation germanique de l’Université d’Orléans (1444-1602) are a unique source for the history of European universities. The quarterly reports of the presidents of the association of law students allow us to reconstitute in detail the everyday life of students from the Germanic countries during the Renaissance. From the published first , second and third Livres between 1444-1587 (same authors, Brill 1971-2013) it appears that the alumni got key positions in Church and State in their homelands. The reports of the fourth Livre for the years 1587-1602 describe the fortunes of the German Nation and the University and offer a unique look at the role of Orleans and its graduates in the religious wars and the growing confessionalisation of Europe.

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Book SynopsisBalance of Power and Norm Hierarchy: Franco-British Diplomacy after the Peace of Utrecht offers a detailed study of French and British diplomacy in the age of ‘Walpole and Fleury’. After Louis XIV’s decease, European international relations were dominated by the collaboration between James Stanhope and Guillaume Dubois. Their alliance focused on the amendment and enlargement of the peace treaties of Utrecht, Rastatt and Baden. In-depth analysis of vast archival material uncovers the practical legal arguments used between Hampton Court and Versailles. ‘Balance of Power’ or ‘Tranquillity of Europe’ were in fact metaphors for the predominance of treaty law even over the most fundamental municipal norms. An implacable logic of norm hierarchy allowed to consolidate peace in Europe.Trade Review"[...] Frederik Dhondt [hat], aus einer gewaltigen Fülle archivalischen Materials schöpfend, die britisch-französische Allianz zur Etablierung einer neuen diplomatischen „praxis and language“ in der Auseinandersetzung mit dem Balance-Konzept in der „post-Utrecht era“ insbesondere der ersten rund 15 Jahre nachdemEndedes Spanischen Erbfolgekriegs überzeugendherausgearbeitet. Seine inspirierende Studie motiviert zweifellos zur weiteren Auseinandersetzung mit Prämissen und Praktiken frühneuzeitlicher europäischer Mächtepolitik." Regina Dauser, Augsburg, in: Zeitschrift für Historische Forschung 44 (2017) 2, pp. 388-389. "[...] ein meisterhaftes Werk, das nicht nur reich an Details und Anekdoten ist, aber auch ein Handbuch [das] der damaligen Diplomatie und Rechtsargumentation repräsentiert." Christophe Wampach, in: Zeitschrift der Savigny-Stifting für Rechtsgeschichte, 135 Band (2018), p. 539-541. "An impressive amount of work has gone into this study, and it is to be welcomed that this period is singled out as being more distinctive than has often been assumed...Dhondt proposes an important and original way to evaluate a wealth of diplomatic and legal documents." Peter Schröder, University College London.

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Book SynopsisThis book is the first monograph to analyse the workings of Scotland’s legal profession in its early modern European context. It is a comprehensive survey of lawyers working in the local and central courts; investigating how they interacted with their clients and with each other, the legal principles governing ethical practice, and how they fulfilled a social role through providing free services to the poor and also services to town councils and other corporations. Based heavily on a wide range of archival sources, and reflecting the contemporary importance of local societies of lawyers, John Finlay offers a groundbreaking yet accessible study of the eighteenth-century legal profession which adds a new dimension to our knowledge of Enlightenment Scotland.Trade Review"Based heavily on a wide range of archival sources, and reflecting the contemporary importance of local societies of lawyers, John Finlay offers a groundbreaking yet accessible study of the eighteenth-century legal profession which adds a new dimension to our knowledge of Enlightenment Scotland." – Yann-Arzel Durelle-Marc, Université Paris 13, in: Nomôdos, 4 July 2015Table of ContentsAcknowledgements ... vii List of Illustrations ... viii Abbreviations ... ix Glossary ... xi 1 Introduction ... 1 2 Lawyers and Legal Practice ... 31 3 Income ... 70 4 Management ... 110 5 Ethics and Etiquette ... 153 6 Pro Bono ... 186 7 Societies ... 225 8 Solidarity ... 260 9 Burghs ... 287 10 Procurators Fiscal ... 319 11 Notaries ... 360 12 Conclusion ... 390 Appendix ... 413 Select Bibliography ... 417 Name Index ... 427 Subject Index ... 438

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Book SynopsisIn Cum essem in Constantie, Martin John Cable presents a study of the Padua university jurist Raffaele Fulgosio (Fulgosius) (1367-1427) and his work as an advocate at the Council of Constance in 1414-15. Through the use of archival material and evidence drawn from Fulgosio’s works, the book reveals a vivid picture both of teaching practice at a medieval university and the life and output of a working lawyer in early fifteenth-century Italy. The book recreates much of Fulgosio’s workload at Constance and his involvement there in debates about representation, imperial and papal power and the Donation of Constantine.Trade Review"Martin Cable’s book “Cum essem in Constantie . . .”: Raffaele Fulgosio and the Council of Constance is an impressive work in medieval intellectual history. For its investigation into the life and teaching of Fulgosio, a law professor and later advocate at the Council of Con stance, the book utilizes the still underused genre of legal commentaries. It is indeed Fulgosio’s annotated anecdotes and references to particular law cases that he used during his lectures that loosely hold together the story Martin Cable unfolds... It should be of interest to a rather wide range of scholars who are concerned with late medieval university history, legal thought, and the history of the Council of Constance specifically or the conciliar movement more generally." Bettina Koch, Speculum 92.4 (2017).Table of ContentsContents Preface and Acknowledgements ix Abbreviations xii Introduction 1 1 Texts and Contexts 3 2 Historical Overview: The Schism until the Council of Constance 6 3 Biography: Payoffs and Pitfalls 11 1 Podcasts from the Past 19 1.a The Print Tradition of the Commentaries 20 1.b Manuscript Sources for the Commentaries 25 1.c Dating the Sources of the Printed Commentaries 29 2.a Fulgosio’s Life and Career 47 2.b Fulgosio’s Education 52 2.c From Pavia to Padua 61 2.d Fulgosio’s Married Life 76 2 Fulgosio’s Teaching Style and Professional Work 87 1.a Teacher and Lecturer 87 1.b Extraordinary and Ordinary Lectures 106 2.a Working Lawyer 109 2.b Due Process: Abuses and Exceptions 115 2.c Legal Fictions and the Imperial Prerogative 119 2.d Successive Procedural Contributions 134 2.e Diplomatic Activity and Advice: The Treaty of 1412/1413 137 2.f Other Legal and Professional Work 144 3 Fulgosio’s Arrival at the General Council 147 1 Conciliar Advocate 151 2 The Marche Case and the Question of Obedience 155 4 The Arrival of the Emperor Sigismund at Constance, Part One: Fulgosio and the Christmas Day Controversy of 1414 162 1 Status and Rank: The Besancon Case 164 2.a A New Source for Sigismund’s Arrival at Constance 166 2.b Fulgosio’s Recollection of Sigismund’s Arrival 167 2.c Fulgosio’s Later Recollection of Sigismund’s Arrival 173 2.d Fulgosio’s Opponent in the Debate 177 2.e Dating the Debate 179 3 Aragon and the Empire 180 5 Fulgosio and the Question of Suffrage and Representation at the Council of Constance 185 1.a Voting by Nation at Constance 185 1.b Fulgosio and the Debate on Suffrage 190 1.c Fulgosio’s Consilium on Voting by Proxy 194 1.d Fulgosio’s Private View 197 1.e Dating Fulgosio’s Contribution 198 2 Sub-Sub-Delegation 201 6 Fulgosio, the Case of the Anonymous Archbishop and the Legal Legacy of the Great Schism at Constance 207 1.a Identifying the Litigants 208 1.b Fulgosio’s Consilium 212 2.a The Impact of Pisa and the Great Schism 216 2.b Guaranteeing Property Rights in the Settlement of the Schism 220 2.c Dating Fulgosio’s Contribution 223 7 Fulgosio and the Defence of Pope John XXIII at Constance 226 1 Papal Simony 226 2 Fulgosio’s Defence of John XXIII 228 8 Sigismund’s Arrival at Constance, Part Two: Fulgosio and the Donation of Constantine 236 1.a Re-Examining Fulgosio’s Comments on the Donation 238 1.b Fulgosio’s Intervention 245 1.c Conclusion 250 9 Return from Constance to Padua 254 10 Fulgosio and Constance after Constance 268 1.a The Jean Petit Tyrannicide Case 268 1.b Fulgosio’s Consilium 273 2 The Defence of the Jews of Ferrara 278 11 Fulgosio’s Final Years in Padua 285 1 Succession Disputes: Canosa and Straubing/Holland 286 2 Fulgosio’s Death 288 3 Beccaria’s Death 295 12 Conclusions 300 1 Dissimulation and Identity 300 2 The Donation of Constantine 303 3 The History of the Council of Constance 304 4 University Teaching Practice 306 5 Legal History and Humanism 307 Appendices 1 The Last Will and Testament of Raffaele Fulgosio Padua, 11 September, 1427 317 2 The Last Will and Testament of Giovanina Fulgosio Padua, 1 September, 1437 324 3 The Inventory of Giovanina Fulgosio’s Possessions Padua, July 1439 330 4 Data Table for Graphs 339 Bibliography 350 Index 382

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Book SynopsisIn The Protectors of Indians in the Royal Audience of Lima: History, Careers and Legal Culture, 1575-1775 Mauricio Novoa offers an account of the institution that developed in the vice-royalty of Peru for the protection of Indians before the high courts of justice. Making use of historical materials, Novoa provides a comprehensive view on the formation of the legal elite in Lima during the colonial period; reviews the litigation undertaken by indigenous plaintiffs, and explains the legal culture that allowed the development of juristic doctrine around the Indian personal status.Table of ContentsAcknowledgements ... ix List of Illustrations, Charts and Tables ... xi List of Abbreviations ... xiii Introduction ... 1 1 Bishop Protectors ... 16 2 Protectors of Indians in the Audience of Lima ... 44 3 Social Characteristics ... 71 4 Advancement and Careers ... 104 5 Economic Position ... 145 6 Legal Culture ... 179 7 Litigation at the Royal Audience of Lima ... 206 Conclusion ... 231 Appendices ... 235 Appendix 1: Biographical Notes ... 237 Appendix 2: The Library of Cipriano de Medina (1635) ... 254 Appendix 3: The Library of García José Lasso de Vega (1775) ... 277 Appendix 4: Procurators of Indians in the Real Audiencia of Lima, 1552–1789 ... 285 Bibliography ... 291 Index ... 320

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Book SynopsisFoundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory is a critical edition of the Arabic text with a parallel English translation of Mabādiʾ al-wuṣūl ilā ʿilm al-uṣūl by al-ʿAllāmah al-Ḥillī, introduced, edited and translated by Sayyid Amjad H. Shah Naqavi. Al-ʿAllāmah al-Ḥillī participated in the leading debates of his day and applied his vast erudition in philosophy, logic, and theology to the paramount subject of jurisprudence. This text presents an exemplar of the rich revival of Shīʿī scholarship in the thirteenth and fourteenth centuries of the Common Era. Concise, yet comprehensive, this work sets the standard for the subsequent development and discussion of Imāmī Shīʿī legal theory, such that its influence can be traced through to modern times. This dual-text edition is indispensable for students and scholars of Imāmi Shīʿī jurisprudence.Table of ContentsForeword xiii Preface xv Introduction 1 Part One 1 1 The Life and Times of al-ʿAllāmah al-Ḥillī 1 2 The School of Ḥillah 4 3 Al-ʿAllāmah al-Ḥillī’s Jurisprudence 11 4 Mabādiʾ al-Wuṣūl ilā ʿIlm al-Uṣūl 12 5 Manuscripts and Methodology 13 Part Two 15 1 The Epistemology of al-ʿAllāmah al-Ḥillī 16 2 Chapter One: On Languages 17 3 Chapter Two: On Rulings 30 4 Chapter Three: On the Commands and Prohibitions 35 5 Chapter Four: On Generality and Specificity 45 6 Chapter Five: On the Ambiguous and the Elucidated 49 7 Chapter Six: On Actions 52 8 Chapter Seven: On Abrogation 56 9 Chapter Eight: On Consensus 60 10 Chapter Nine: On Narrations 65 11 Chapter Ten: On Analogical Reasoning 73 12 Chapter Eleven: On Preferment 79 13 Chapter Twelve: On Juristic Reasoning and its Dependents 84 The Foundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory 97 Prologue 99 1. On Languages (al-lughāt) 101 1 Discussion One: On General Principles 101 2 Discussion Two: On the Classification of Utterances 103 3 Discussion Three: On the Homonym 105 4 Discussion Four: On the Veritative and the Figurative 107 5 Discussion Five: On the Contradiction of the States of the Utterances 109 6 Discussion Six: A Well-Needed Commentary on Particles 111 2. On Rulings (al-aḥkām) 113 1 Discussion One: On Action 113 2 Discussion Two: On the Ruling 113 3 Discussion Three: On the Acts of Worship 113 4 Discussion Four: On the Beautiful and the Ugly 115 5 Discussion Five: On Thanking the Benefactor 115 6 Discussion Six: On Things 115 3. On the Commands (al-awāmir) and Prohibitions (al-nawāhī) 117 1 Discussion One: On the Command 117 2 Discussion Two: On the Imperative Form of the Verb being for Obligation 119 3 Discussion Three: On the Command Not Demanding Repetition 119 4 Discussion Four: On the Command Demanding Neither Expedition Nor Postponement 121 5 Discussion Five: On the Conditioned Command being Non-Existent When the Condition is Non-Existent 123 6 Discussion Six: On the Command that is Delimited by an Attribute not Becoming Non-Existent with the Non-Existence of the Attribute 123 7 Discussion Seven: On the Chosen Obligation 125 8 Discussion Eight: On the Obligation that is to be Performed within a Broad Period of Time 125 9 Discussion Nine: On the Obligation on All Sufficed by the Performance by Some 127 10 Discussion Ten: On the Obligation upon Which the Absolute Obligation Depends 129 11 Discussion Eleven: On the Command of a Thing Necessitating the Prohibition of its Opposite 129 12 Discussion Twelve: When the Obligation is Abrogated the Permissibility Remains 129 13 Discussion Thirteen: On the Impossibility of an Injunction of the Impossible 131 14 Discussion Fourteen: An Injunction on Ritual is not Dependant upon Faith 131 15 Discussion Fifteen: On the Command Demanding Accomplishment 133 16 Discussion Sixteen: On Whether the Impairment [of an act of worship] Demands the Obligation of [its] Compensatory Performance 133 17 Discussion Seventeen: The Command to Command Something does not Constitute a Command for that thing 135 18 Discussion Eighteen: The Non-Existent is not Commanded 135 19 Discussion Nineteen: On the Obligation for the Intention of Obedience 135 20 Discussion Twenty: On the Timing of the Attachment of the Command 137 21 Discussion Twenty-One: On Prohibition 137 22 Discussion Twenty-Two: On Whether Prohibition Demands Unsoundness 139 4. On Generality (al-ʿumūm) and Specificity (al-khuṣūṣ) 141 1 Discussion One: On the General and the Specific 141 2 Discussion Two: On What is Added to Generality Though it is not Thereof 143 3 Discussion Three: On Specification 145 4 Discussion Four: On the Adherence to the General which is Specified 147 5 Discussion Five: On Exception 149 6 Discussion Six: On the Condition, the Attribute, and the Limit 151 7 Discussion Seven: On the Specification by Separate Pieces of Evidence 151 Availment 155 8 Discussion Eight: On What is Considered a Specifier though it is not 157 9 Discussion Nine: On the Predication of the Absolute to the Delimited 159 5. On the Ambiguous (al-mujmal) and the Elucidated (al-mubayyan) 161 1 Discussion One: On some of the Definitions 161 2 Discussion Two: On the Setting Forth of the Ambiguous 161 3 Discussion Three: On Things Which are Considered to be Ambiguous Whilst They are not as Such 161 4 Discussion Four: On the Deferment of the Elucidation 163 5 Discussion Five: On the Possibility of the Charged Agent Hearing the General without Hearing what Specifies it 165 6. On Actions (al-afʿāl) 167 1 Discussion One: On the Infallibility of the Prophets 167 2 Discussion Two: On the Obligation of Following the Prophet 169 3 Discussion Three: On the Preferment between the Statement and the Action 171 4 Discussion Four: On the Prophet’s Following of Prior Revealed Laws 171 7. On Abrogation (al-naskh) 173 1 Discussion One: On the Definition Thereof 173 2 Discussion Two: On the Possibility Thereof 173 3 Discussion Three: On the Abrogation of a Thing Prior to the Expiration of its Time of Performance 177 4 Discussion Four: On What it is Possible to Abrogate 177 5 Discussion Five: Addition to and Omission of Acts of Worship 179 8. On Consensus (al-ijmāʿ) 183 1 Discussion One: On the Consensus of the ummah of Muḥammad 183 2 Discussion Two: On Introducing a Third Opinion 183 3 Discussion Three: On That by which Consensus is and is not Established 185 4 Discussion Four: On The Conditions for Consensus 187 9. On Narrations (al-akhbār) 189 1 Discussion One: On the Definition of a Narration and its Classifications 189 2 Discussion Two: On Continuance Conveying Knowledge 189 3 Discussion Three: On the Conditions of the Continuous Narration 191 4 Discussion Four: On the Classifications which Signify the Truth of a Narration 191 5 Discussion Five: On the Solitary Narration 191 6 Discussion Six: On the Qualifications for a Transmitter of a Narration 193 7 Discussion Seven: On that which is Considered a Condition Whilst it is not 195 8 Discussion Eight: On Rejected Narrations 197 9 Discussion Nine: On Invalidation and Validation 197 10. On Analogical Reasoning (al-qiyās) 201 1 Discussion One: On the Definition of Analogical Reasoning 201 2 Discussion Two: On Analogical Reasoning not being a Legal Proof 201 3 Discussion Three: On the Connection of the Unspoken to the Spoken 205 4 Discussion Four: On the Ruling in Which the Cause is Explicitly Designated 205 5 Discussion Five: On the Derived Cause 207 11. On Preferment (al-tarjīḥ) 215 1 Discussion One: On the Contradiction of Two Pieces of Evidence 215 2 Discussion Two: On the Course of Action When Two Equal Pieces of Evidence Present Themselves 217 3 Discussion Three: On the Ruling of Contradictory Pieces of Evidence 219 4 Discussion Four: On the Preferment of the Narrations 221 12. On Juristic Reasoning (al-ijtihād) and its Dependents 225 1 Discussion One: On Juristic Reasoning 225 2 Discussion Two: On the Qualifications of the Skilled Practitioner of Juristic Reasoning 227 3 Discussion Three: On the Correctness of the Skilled Practitioner of Juristic Reasoning 229 4 Discussion Four: On the Changing of Juristic Reasoning 229 5 Discussion Five: On the Permissibility of Compliance with the Conclusions of the Skilled Practitioner of Juristic Reasoning 231 6 Discussion Six: On the Conditions for Seeking an Edict 233 7 Discussion Seven: On the Ediction of One Who is not a Skilled Practitioner of Juristic Reasoning 233 8 Discussion Eight: On the One Who has not Attained the Degree of Juristic Reasoning 233 9 Discussion Nine: On the Presumption of Continuity 235 Epilogue 237 Appendix 238 Bibliography of Primary Sources 258 Bibliography of Secondary Sources 263 Index 268 Index of Qurʾānic Verses 274

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Book SynopsisFoundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory is a critical edition of the Arabic text with a parallel English translation of Mabādiʾ al-wuṣūl ilā ʿilm al-uṣūl by al-ʿAllāmah al-Ḥillī, introduced, edited and translated by Sayyid Amjad H. Shah Naqavi. Al-ʿAllāmah al-Ḥillī participated in the leading debates of his day and applied his vast erudition in philosophy, logic, and theology to the paramount subject of jurisprudence. This text presents an exemplar of the rich revival of Shīʿī scholarship in the thirteenth and fourteenth centuries of the Common Era. Concise, yet comprehensive, this work sets the standard for the subsequent development and discussion of Imāmī Shīʿī legal theory, such that its influence can be traced through to modern times. This dual-text edition is indispensable for students and scholars of Imāmi Shīʿī jurisprudence.Table of ContentsForeword xiii Preface xv Introduction 1 Part One 1 1 The Life and Times of al-ʿAllāmah al-Ḥillī 1 2 The School of Ḥillah 4 3 Al-ʿAllāmah al-Ḥillī’s Jurisprudence 11 4 Mabādiʾ al-Wuṣūl ilā ʿIlm al-Uṣūl 12 5 Manuscripts and Methodology 13 Part Two 15 1 The Epistemology of al-ʿAllāmah al-Ḥillī 16 2 Chapter One: On Languages 17 3 Chapter Two: On Rulings 30 4 Chapter Three: On the Commands and Prohibitions 35 5 Chapter Four: On Generality and Specificity 45 6 Chapter Five: On the Ambiguous and the Elucidated 49 7 Chapter Six: On Actions 52 8 Chapter Seven: On Abrogation 56 9 Chapter Eight: On Consensus 60 10 Chapter Nine: On Narrations 65 11 Chapter Ten: On Analogical Reasoning 73 12 Chapter Eleven: On Preferment 79 13 Chapter Twelve: On Juristic Reasoning and its Dependents 84 The Foundations of Jurisprudence: An Introduction to Imāmī Shīʿī Legal Theory 97 Prologue 99 1. On Languages (al-lughāt) 101 1 Discussion One: On General Principles 101 2 Discussion Two: On the Classification of Utterances 103 3 Discussion Three: On the Homonym 105 4 Discussion Four: On the Veritative and the Figurative 107 5 Discussion Five: On the Contradiction of the States of the Utterances 109 6 Discussion Six: A Well-Needed Commentary on Particles 111 2. On Rulings (al-aḥkām) 113 1 Discussion One: On Action 113 2 Discussion Two: On the Ruling 113 3 Discussion Three: On the Acts of Worship 113 4 Discussion Four: On the Beautiful and the Ugly 115 5 Discussion Five: On Thanking the Benefactor 115 6 Discussion Six: On Things 115 3. On the Commands (al-awāmir) and Prohibitions (al-nawāhī) 117 1 Discussion One: On the Command 117 2 Discussion Two: On the Imperative Form of the Verb being for Obligation 119 3 Discussion Three: On the Command Not Demanding Repetition 119 4 Discussion Four: On the Command Demanding Neither Expedition Nor Postponement 121 5 Discussion Five: On the Conditioned Command being Non-Existent When the Condition is Non-Existent 123 6 Discussion Six: On the Command that is Delimited by an Attribute not Becoming Non-Existent with the Non-Existence of the Attribute 123 7 Discussion Seven: On the Chosen Obligation 125 8 Discussion Eight: On the Obligation that is to be Performed within a Broad Period of Time 125 9 Discussion Nine: On the Obligation on All Sufficed by the Performance by Some 127 10 Discussion Ten: On the Obligation upon Which the Absolute Obligation Depends 129 11 Discussion Eleven: On the Command of a Thing Necessitating the Prohibition of its Opposite 129 12 Discussion Twelve: When the Obligation is Abrogated the Permissibility Remains 129 13 Discussion Thirteen: On the Impossibility of an Injunction of the Impossible 131 14 Discussion Fourteen: An Injunction on Ritual is not Dependant upon Faith 131 15 Discussion Fifteen: On the Command Demanding Accomplishment 133 16 Discussion Sixteen: On Whether the Impairment [of an act of worship] Demands the Obligation of [its] Compensatory Performance 133 17 Discussion Seventeen: The Command to Command Something does not Constitute a Command for that thing 135 18 Discussion Eighteen: The Non-Existent is not Commanded 135 19 Discussion Nineteen: On the Obligation for the Intention of Obedience 135 20 Discussion Twenty: On the Timing of the Attachment of the Command 137 21 Discussion Twenty-One: On Prohibition 137 22 Discussion Twenty-Two: On Whether Prohibition Demands Unsoundness 139 4. On Generality (al-ʿumūm) and Specificity (al-khuṣūṣ) 141 1 Discussion One: On the General and the Specific 141 2 Discussion Two: On What is Added to Generality Though it is not Thereof 143 3 Discussion Three: On Specification 145 4 Discussion Four: On the Adherence to the General which is Specified 147 5 Discussion Five: On Exception 149 6 Discussion Six: On the Condition, the Attribute, and the Limit 151 7 Discussion Seven: On the Specification by Separate Pieces of Evidence 151 Availment 155 8 Discussion Eight: On What is Considered a Specifier though it is not 157 9 Discussion Nine: On the Predication of the Absolute to the Delimited 159 5. On the Ambiguous (al-mujmal) and the Elucidated (al-mubayyan) 161 1 Discussion One: On some of the Definitions 161 2 Discussion Two: On the Setting Forth of the Ambiguous 161 3 Discussion Three: On Things Which are Considered to be Ambiguous Whilst They are not as Such 161 4 Discussion Four: On the Deferment of the Elucidation 163 5 Discussion Five: On the Possibility of the Charged Agent Hearing the General without Hearing what Specifies it 165 6. On Actions (al-afʿāl) 167 1 Discussion One: On the Infallibility of the Prophets 167 2 Discussion Two: On the Obligation of Following the Prophet 169 3 Discussion Three: On the Preferment between the Statement and the Action 171 4 Discussion Four: On the Prophet’s Following of Prior Revealed Laws 171 7. On Abrogation (al-naskh) 173 1 Discussion One: On the Definition Thereof 173 2 Discussion Two: On the Possibility Thereof 173 3 Discussion Three: On the Abrogation of a Thing Prior to the Expiration of its Time of Performance 177 4 Discussion Four: On What it is Possible to Abrogate 177 5 Discussion Five: Addition to and Omission of Acts of Worship 179 8. On Consensus (al-ijmāʿ) 183 1 Discussion One: On the Consensus of the ummah of Muḥammad 183 2 Discussion Two: On Introducing a Third Opinion 183 3 Discussion Three: On That by which Consensus is and is not Established 185 4 Discussion Four: On The Conditions for Consensus 187 9. On Narrations (al-akhbār) 189 1 Discussion One: On the Definition of a Narration and its Classifications 189 2 Discussion Two: On Continuance Conveying Knowledge 189 3 Discussion Three: On the Conditions of the Continuous Narration 191 4 Discussion Four: On the Classifications which Signify the Truth of a Narration 191 5 Discussion Five: On the Solitary Narration 191 6 Discussion Six: On the Qualifications for a Transmitter of a Narration 193 7 Discussion Seven: On that which is Considered a Condition Whilst it is not 195 8 Discussion Eight: On Rejected Narrations 197 9 Discussion Nine: On Invalidation and Validation 197 10. On Analogical Reasoning (al-qiyās) 201 1 Discussion One: On the Definition of Analogical Reasoning 201 2 Discussion Two: On Analogical Reasoning not being a Legal Proof 201 3 Discussion Three: On the Connection of the Unspoken to the Spoken 205 4 Discussion Four: On the Ruling in Which the Cause is Explicitly Designated 205 5 Discussion Five: On the Derived Cause 207 11. On Preferment (al-tarjīḥ) 215 1 Discussion One: On the Contradiction of Two Pieces of Evidence 215 2 Discussion Two: On the Course of Action When Two Equal Pieces of Evidence Present Themselves 217 3 Discussion Three: On the Ruling of Contradictory Pieces of Evidence 219 4 Discussion Four: On the Preferment of the Narrations 221 12. On Juristic Reasoning (al-ijtihād) and its Dependents 225 1 Discussion One: On Juristic Reasoning 225 2 Discussion Two: On the Qualifications of the Skilled Practitioner of Juristic Reasoning 227 3 Discussion Three: On the Correctness of the Skilled Practitioner of Juristic Reasoning 229 4 Discussion Four: On the Changing of Juristic Reasoning 229 5 Discussion Five: On the Permissibility of Compliance with the Conclusions of the Skilled Practitioner of Juristic Reasoning 231 6 Discussion Six: On the Conditions for Seeking an Edict 233 7 Discussion Seven: On the Ediction of One Who is not a Skilled Practitioner of Juristic Reasoning 233 8 Discussion Eight: On the One Who has not Attained the Degree of Juristic Reasoning 233 9 Discussion Nine: On the Presumption of Continuity 235 Epilogue 237 Appendix 238 Bibliography of Primary Sources 258 Bibliography of Secondary Sources 263 Index 268 Index of Qurʾānic Verses 274

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Book SynopsisIn this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history. Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature. The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.Table of ContentsIn Memoriam Aharon Layish (1933-2022), Ron Shaham and David S. Powers Acknowledgments Note from the Publisher Introduction Part 1 Interplay between Sharīʿa and Tribal Law 1. Customary khulʿ as reflected in the sijill of the Libyan Sharīʿa courts 2. Interplay between Tribal and Sharʿī Law: A Case of Tibbāwī Blood Money in the Sharīʿa Court of Kufra 3. Shahādat naql in the Judicial Practice in Modern Libya 4. Islamization of custom as reflected in awards of tribal arbitrators in the Judaean desert 5. The Qāḍī’s Role in the Islamization of Sedentary Tribal Society 6. Dār ʿadl – Symbiosis of Custom and Sharīʿa in a Tribal Society in Process of Sedentarization 7. The fatwā as an instrument of the Islamization of a tribal society in process of sedentarization Part 2 Legal Methodologies in Sudan 8. The Sudanese Mahdī’s Legal Methodology and its Ṣūfī Inspiration 9. The Legal Methodology of the Mahdi in the Sudan, 1881-1885: Issues in Marriage and Divorce 10. Ḥasan al-Turābī (1932– ) Part 3 Modern Trends in Islamic Law 11. The Transformation of the Sharīʿa from Jurists’ Law to Statutory Law in the Contemporary Muslim World 12. Islamic Law in the Modern World: Nationalization, lslamization, Reinstatement Part 4 Waqf, Testamentary Waqf and Bequests 13. Waqfs of Awlād al-Nās in Aleppo in the Late Mamlūk Period as Reflected in a Family Archive 14. Waqfs and Ṣūfī Monasteries in the Ottoman Policy of Colonization: Sulṭān Selīm I’s Waqf of 1516 in favour of Dayr al-Asad 15. The Mālikī Family Waqf according to Wills and Waqfiyyāt 16. The Family Waqf and the Sharʿī Law of Succession in Modern Times 17. Bequests as an Instrument for accommodating Inheritance Rules: Israel as a Case Study 18. The Muslim Waqf in Israel Part 5 Islamic Law in a Non-Muslim State 19. The Heritage of Ottoman Rule in the Israeli Legal System: The Concept of Umma and Millet 20. Adaptation of a Jurists’ Law to Modern Times in an Alien Environment: The Case of the Sharīʿa in Israel Index

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Book SynopsisThis volume offers the first comprehensive account of the monetary logic that guided the payment of wergild and blood money in early medieval conflict resolution. In the early middle ages, wergild played multiple roles: it was used to measure a person’s status, to prevent and end conflicts, and to negotiate between an individual and the agents of statehood. This collection of interlocking essays by historians, philologists and jurists represents a major contribution to the study of law and society in Western Europe during the early Middle Ages. Contributors are Lukas Bothe, Warren Brown, Stefan Esders, Wolfgang Haubrichs, Paul Hyams, Tom Lambert, Ralph W. Mathisen, Rob Meens, Han Nijdam, Lisi Oliver, Harald Siems, Karl Ubl, and Helle Vogt. See inside the book.Trade Review'My dominant response to this collection was pleasure and gratitude: pleasure because the articles are without exception wonderful; gratitude because it is about time someone published a collection like this. For our understanding of medieval law has changed dramatically in the last two generations, yet when it comes to wergild, most of us still operate with assumptions that go back to the nineteenth century.' Geoffrey Koziol in The Medieval Review, 22.03.16. See the full review here.Table of ContentsPreface and Acknowledgments List of Figures and Tables Abbreviations Contributors 1 Wergild and the Monetary Logic of Early Medieval Conflict Resolution  Stefan Esders 2 Observations Concerning the ‘Wergild System’: Explanatory Approaches, Effectiveness and Structural Deficits  Harald Siems 3 Monetary Fines, Penalties and Compensations in Late Antiquity  Ralph W. Mathisen 4 Wergeld: The Germanic Terminology of Compositio and Its Implementation in the Early Middle Ages  Wolfgang Haubrichs 5 Wergild, Mund and Manbot in Early Anglo-Saxon Law  Lisi Oliver 6 Compensation, Honour and Idealism in the Laws of Æthelberht  Tom Lambert 7 Wergild and Honour: Using the Case of Frisia to Build a Model  Han Nijdam 8 Triplice Weregeldum: Social and Functional Status in the Lex Ribuaria  Lukas Bothe 9 Penance and Satisfaction: Conflict Settlement and Penitential Practices in the Frankish World in the Early Middle Ages  Rob Meens 10 The Limits of Government: Wergilds and Legal Reforms under Charlemagne  Karl Ubl 11 Wergild in the Carolingian Formula Collections  Warren Brown 12 The Kin’s Collective Responsibility for the Payment of Man’s Compensation in Medieval Denmark  Helle Vogt 13 Concluding Thoughts from England and the ‘Western Legal Tradition’  Paul Hyams Index

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Book SynopsisIn Legal Practice in the Formative Stages of the Chinese Empire, Ulrich Lau and Thies Staack offer a richly annotated English translation of the Wei yu deng zhuang si zhong 爲獄等狀四種, a collection of criminal case records from the pre-imperial state of Qin (dating from 246 BC–222 BC) that is part of the manuscripts in the possession of Yuelu Academy. Through an analysis of the collection and a comparison with similar manuscript finds from the Qin and Han periods, the authors shed new light on many aspects of the Qin administration of justice, e.g. criminal investigation, stages of criminal procedure, principles for determining punishment, and interaction of judicial officials on different administrative levels.

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Book SynopsisWinner of the 2017 Choice Outstanding Academic Title Award In Marxism and Criminology: A History of Criminal Selectivity, Valeria Vegh Weis rehabilitates the contributions and the methodology of Marx and Engels to analyze crime and punishment through the historical development of capitalism (15th Century to the present) in Europe and in the United States. The author puts forward the concepts of over-criminalization and under-criminalization to show that the criminal justice system has always been selective. Criminal injustice, the book argues, has been an inherent element of the founding and reproduction of a capitalist society. At a time when racial profiling, prosecutorial discretion, and mass incarceration continue to defy easy answers, Vegh Weis invites us to revisit Marx and Engels’ contributions to identify socio-economic and historic patterns of crime and punishment in order to foster transformative changes to criminal justice. The book includes a Foreword by Professor Roger Matthews of Kent University, and an Afterword written by Professor Jonathan Simon of the University of California, Berkeley.Trade ReviewWinner of the the ACJS Outstanding Book Award 2019 "It is very rare these days to find a book that combines a critical, historical and structural account of crime, punishment, and social control. Marxism and Criminology: A History of Criminal Selectivity achieves those goals by doing for crime and crime control what Rusche and Kirchheimer - in their path-breaking text Punishment and Social Structure - did for the analysis of punishment and incarceration." - Roger Matthews, Preface "Vegh Weis’ millennial Marxism is well selected and read for the new logics of permanent unemployment, financial risk-taking, mass migration and terrorism. It comes at a timely moment when new profound problems that arise with the global economy have subjected the carceral state to more intense economic scrutiny than in the past, and when a growing social movement of people of color and others excluded by forms of normality are challenging the role of punishment in maintaining racial hierarchies as a threat to their dignity, and even survival. With growing pressure from both ends to reform the carceral state in the United States and elsewhere (as in the 1960s and 1970s), Critical Theory - with a generationally sharpened edge - is vital. This book delivers just that." - Jonathan Simon, Afterword "... Vegh Weis's book is essential reading. Its breadth of analysis allows Marxism and Criminology to take on the types of big questions that historical monographs often miss, and its openly Marxist perspective is refreshing in an era where many historians have retreated from any type of theoretical analysis." - Sam Mitrani, College of DuPage "All in all, Marxism and Criminology is an activist book, which might help modern paupers in their struggle against commonplace discriminatory assumptions, not only by recalling that the acts of social harm realized by the upper classes are no less criminal, but also by displaying that in our contemporary capitalist order punishment can be, and is most of the time, itself a crime." - Funda Hülagü, in: Science & Society 83/1 "[This] path-breaking book compels us to revisit the insights of Marx and Engels and she challenges the dated, but often stated, claim made by orthodox Marxists (e.g., Hirst, 1975) that Marxist theory cannot be applied to the study of crime and law. Vegh Weis demonstrates that nothing can be further from the truth. As well, throughout her book, she contests the frequently cited declarations that Marx and Engels had very little to say about crime and that the sociology of law was little more than a secondary interest to them." - Walter S. DeKeseredy (West Virginia University, USA), in: Punishment & Society, April 9, 2018 "[...] [C]ertainly since Rusche and Kirchheimer and Foucault, we have an attempt at a general synthesis which brings together a vast range of empirical material on the dimensions of criminalisation which is then theorised in terms of a clearly articulated relationship to the central dynamic of capitalist development. The contribution of this book to the development of Marxist criminology and, reciprocally, criminologically-sensitive Marxism, is immense. If we want to understand where the world is heading, and the urgency of reform, then this is precisely the type of contribution we need." - Jhon Lea, in: The British Journal of Criminology, 21 March 2018 "Overcoming the particularistic and formalized view of criminal unfairness is perhaps one of Vegh Weis' great contributions [...] she shows that much of the legal world is set to become an autonomous field separated from social-economic conditionings [...] Marxism and Criminology is an excellent contribution to renew the debate on the causes of the growing demand for punitiviness and, at the same time, a questioning of the legal field auto-perception as emancipated from the conditions of production and reproduction of the life and the world." [original text:] "Superar la mirada particularista y formalizada es quizás uno de los grandes aportes de Vegh Weis: su trabajo cuestiona los “vientos teóricos” que reiteran el pensamiento habitual, no relacional, que hace de los comportamientos estancos (de las disciplinas) su criterio de sagacidad. Vegh Weis pone en evidencia que gran parte del mundo jurídico se dispone a constituirse como campo autónomo del acontecer económico-social... , Marxism and Criminology es un excelente aporte para renovar el debate sobre las causas de la creciente demanda de punitivismo y, al mismo tiempo, un cuestionamiento sobre las bases (no precisamente muy sólidas) con que el campo jurídico se auto percibe en términos emancipados de las condiciones de producción y reproducción de la vida y el mundo. - Jorge Elbaum, in Delito y Sociedad, 2018 "In this important work, Vegh Weis (NYU) does a brilliant and accessible job of applying Marxist theory to modern criminality. […] Throughout this work, Vegh Weis positions her inquiry in critical social theory that considers crime in its socioeconomic context. Summing Up: Essential. Upper-division undergraduates and above." - F. E. Knowles (Valdosta State University), CHOICE, September 2017 "El texto de Vegh Weis es una novedad que no debe pasar por alto porque se trata de una de las aventuras más audaces que se haya emprendido en los últimos tiempos en la arena de la criminología y la crítica jurídica. A lo largo de sus páginas, Vegh Weis describe y analiza, sintetiza y arriesga, en una prosa que sabiéndose fundamentada en una sólida investigación desarrollada en Argentina, en Estados Unidos y en Europa, y se desliza al terreno de nuevas teorizaciones, ese terreno siempre fangoso, logrando, empero, salir airosa." - Juan Manuel Suppa Altman (Universidad de Buenos Aires, Argentina), in: Revista de Historia del Derecho, N° 53, January-June 2017, pp. 187-189 "Valeria Vegh retakes, many decades later, the fundamental statements of Punishment and Social Structure by Rusche and Kirchheimer and goes beyond the strict consideration of the labor market to delve into the complex social and economic relations under which criminal demonstrations contemporarily take place [...] it is a real pleasure to present an investigation of the rigorousness that Valeria Vegh's work possesses. I hope that it has a long journey. I am sure it will have it and that it can also be translated and known by a wider audience beyond the U.K. and the U.S.A. [...] this would be extraordinary for the essential enrichment that the criminological disciplines need, this work can both feed and contribute to it." - Iñaki Rivera Beiras (Facultat de Dret), in: Critica Penal y Poder, N° 15, Barcelona (2018) "The book, Marxism and Criminology, which I have received and read, must be the most extended treatment of Marx and crime made in many years.... What I am fascinated by, and interested in, in this very impressive book, is the analysis according to the stages of capitalism in relation to forms of crime." - Richard Quinney ---------------------------------------- For more information on the author and her research, please read an interview with the BBC here, and an interview with Period. here. ---------------------------------------- Please find below an overview of Vegh Weis's recent (book) presentations: 1. Manchester Workshops in Political Theory. Marxism Specialist Group of the PSA, Sep. 11-13, 2017 2. Seminar ‘Saber Penal.’ Buenos Aires University School of Law, Oct. 18, 2017 3. PSA Marxism Specialist Group Panels for the PSA Annual Conference. Cardiff, UK, Mar. 26-28, 2018 4. 200 Marx Conference, Berlin, Germany , May 4, 2018 5. European Criminology Conference (forthcoming Sep) 6. American Criminology Conference (forthcoming Nov)Table of ContentsList of Tables and Figures Preface Acknowledgements Chapter 1: Introduction Criminological Theories and the Notion of ‘Criminal Selectivity’ ‘Criminal Selectivity’ through the Work of Marx and Engels Marx and Engels’ Contributions Did Not Analyze Crime and Crime Control in Deep. Marx and Engels’ Contributions Understood Crime and Crime Control as Superstructural Aspects. Marx and Engels’ Constributions Lead to the Failure of ‘Real Socialism.’ Marx and Engels’ Contributions Are Necessary to Analyze Crime and Crime Control A Conceptualization of ‘Criminal Selectivity’ from a Marxist Perspective Chapter 2: Original Criminal Selectivity Where, How and When of the ‘Primitive Accumulation’ (Late 15th to Early 18th Century). Original Conflict-Control Original Under-Criminalization Original Over-Criminalization The Different Application of Penalization and the Transit from Physical Punishment to Workhouses Who Were the Social Sectors Targeted by Original Criminal Selectivity? Mixed insertion in the ‘Primitive Accumulation’ Punishment during Original Criminal Selectivity Manifest Functions. Latent Functions Creating a Disciplined Working Class Imposing a New Social Order Fragmenting the Dispossed Sectors Moral Entrepeneurs and Moral Panics Brief Reflections Chapter 3: Disciplining Criminal Selectivity Where, How and When of the Disciplining Social Order (late 18th century- late 20th century). Disciplining Conflict-Control First Disciplining Phase: Legally-Disciplining Criminal Selectivity (Late 18th Century) Legally-Disciplining Under-Criminalization Legally-Disciplining Over-Criminalization Second Disciplining Phase: Police-Medically Disciplining Criminal Selectivity (19th Century) Police-Medically Disciplining Under-Criminalization Police-Medically Disciplining Over-Criminalization Third Disciplining Phase: Socio-Disciplining Criminal Selectivity (Early to Late 20th Century) Socio-Disciplining Under-Criminalization Socio-Disciplining Over-Criminalization Who Were the Social Sectors Targeted by Disciplining Criminal Selectivity? Mixed Insertion in the Disciplining Social Order Punishment during Disciplining Criminal Selectivity Manifest Functions Retribution or ‘Just Deserts’ Theory Specific Deterrence/Incapacitation Theory General Deterrence Theory Rehabilitation Theory Latent Functions Disciplining the Worker That Resisted the New Social Order and Its Guidelines Disciplining the Entire Working Class Fragmenting the Working Class Moral Entrepeneurs and Moral Panics Brief Reflections Chapter 4: Bulimic Criminal Selectivity Where, How and When of the Bulimic Social Order (Late 20th to 21th Century). Bulimic Conflict-Control Bulimic Under-Criminalization Bulimic Under-Criminalization on the ‘War on Terror.' Bulimic Under-Criminalization of Financial Manouvers Bulimic Over-Criminalization Bulimic Over-Criminalization on the ‘Social Junk.' Bulimic Over-Criminalization on the ‘Social Dynamite’ Who Were the Social Sectors Targeted by Bulimic Criminal Selectivity? Mixed Insertion in the Bulimic Social Order. Punishment during Bulimic Criminal Selectivity Manifest Functions. Latent Functions Incapacitating the problematic social sectors Controlling the Modern Pauperism Fragmenting the working class Moral Entrepreneurs and Moral Panics Promoting a ‘crime control industry’ and the omnipresent control of the social whole. Brief Reflections Chapter 5: Final Reflections. References. Index

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Book SynopsisIn Rule-Formulation and Binding Precedent in the Madhhab-Law Tradition, Talal Al-Azem argues for the existence of a madhhab-law tradition’ of jurisprudence underpinning the four post-classical Sunni schools of law. This tradition celebrated polyvalence by preserving the multiplicity of conflicting opinions within each school, while simultaneously providing a process of rule formulation (tarjīḥ) by which one opinion is chosen as the binding precedent (taqlīd). The predominant forum of both activities, he shows, was the legal commentary. Through a careful reading of Ibn Quṭlūbughā's (d. 879/1474) al-Taṣḥīḥ wa-al-tarjīḥ, Al-Azem presents a new periodisation of the Ḥanafī madhhab, analyses the theory of rule formulation, and demonstrates how this madhhab-law tradition facilitated both continuity and legal change while serving as the basis of a pluralistic Mamluk judicial system.Table of ContentsCO N T E N T S Introduction 1 Chapter 1 Authors 23 A The compendium author: Qudūrī . . . . . . . . . . . . . . 24 B The commentator: Ibn Quṭlūbughā . . . . . . . . . . . . . 37 Chapter 2 History 51 A Ibn Quṭlūbughā’s sources . . . . . . . . . . . . . . . . . . 51 B Periodisation . . . . . . . . . . . . . . . . . . . . . . . . . 53 Period 1: Foundational ‘Ḥanafī’ opinions (ca. 150–200) . . . 57 Period 2: Formative transmission (ca. 200–300) . . . . . . 58 Period 3: Classical consolidation (ca. 300–400) . . . . . . 60 Period 4: Tarjīḥ (ca. 400–650) . . . . . . . . . . . . . . . . 63 Period 5: Taṣḥīḥ (ca. 650–870) . . . . . . . . . . . . . . . . 79 Who are the ‘latter-day jurists’ (al-muta’akhkhirūn)? . . . . 87 C Historical geographical patterns . . . . . . . . . . . . . . . 90 D Periodisation and the typologies of jurists (ṭabaqāt al-fuqahā’) 96 Chapter 3 Theory 105 A Ibn Quṭlūbughā’s introduction to al-Taṣḥīḥ wa-al-tarjīḥ . . 108 B Analysis of the topics . . . . . . . . . . . . . . . . . . . . . 118 1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . 118 2 The procedures of rule-determinacy . . . . . . . . . . 125 3 Judicial discretion . . . . . . . . . . . . . . . . . . . . 134 C Arguments for binding precedent . . . . . . . . . . . . . . 137 1 The ethico-religious argument . . . . . . . . . . . . . 138 2 The argument from legal-system consistency . . . . . 139 3 The argument from legal-system coherence . . . . . . 143 4 The argument from strengthened decision-making . . 145 5 The argument from predictability . . . . . . . . . . . 145 viii CO N T E N T S 6 The argument from historical determinism . . . . . . 146 D Historical developments . . . . . . . . . . . . . . . . . . . 149 1 Target audiences: muftis and muftis . . . . . . . . . . 149 2 Rule-determination (tarjīḥ) vs. rule-review (taṣḥīḥ) . . 150 3 From monist to pluralistic legal systems . . . . . . . . 153 4 Madhhab-law: tradition, system, concurrent jurisdictions 154 E The (lack of) definition of ẓāhir al-riwāya . . . . . . . . . . 157 Chapter 4 Practice 163 A Ibn Quṭlūbughā’s practice of rule-review . . . . . . . . . . 163 B The functional relationships of commentary . . . . . . . . 166 To resolve a juristic dispute . . . . . . . . . . . . . . . . . 169 To clarify a point of ambiguity . . . . . . . . . . . . . . . . 174 To identify the opinion or the transmission used in the rule formulation . . . . . . . . . . . . . . . . . . . . . . . . . 177 To further expand upon the passage . . . . . . . . . . . . 179 To identify an editorial problem in the passage itself . . . . 187 C Employed legal rhetorical reasoning . . . . . . . . . . . . . 189 1 Arguments of juristic evidence (dalīl) . . . . . . . . . 190 2 Arguments of transmission (riwāya) . . . . . . . . . . 192 3 Arguments of language and logic . . . . . . . . . . . . 195 4 Arguments from revelation and the early Muslim community . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 5 Arguments from scholarship . . . . . . . . . . . . . . 200 6 Justifications from juristic considerations . . . . . . . 202 7 Justifications from context . . . . . . . . . . . . . . . 207 8 Justifications from exigencies of change and necessity . 209 9 Justifications of lifting difficulty and facilitating ease . 212 10 Justifications of preceding juristic authority . . . . . . 214 D Operative principles of rule-determination . . . . . . . . . 218 E The degree of congruence between theory and practice . . 229 Conclusion 235 Appendices 243 A The Writings of Qudūrī 245 B Jurists cited by Ibn Quṭlūbughā 249 C Works cited by Ibn Quṭlubughā 255 CO N T E N T S ix Works Cited 259 Index 271

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Book SynopsisIn The Seal Hunt: Cultures, Economies and Legal Regimes, Nikolas Sellheim offers a deep analysis of the seal hunt worldwide. He engages on a journey from the northern to the southern hemisphere and explores how the seal hunt has shaped cultures all over the world up to this day. By analysing the different national and international regimes dealing with the seal hunt, Sellheim shows how the perception of the seal and the seal hunt has changed over time and space. Focusing on the European Union and the World Trade Organization, the volume offers an account on how opposition towards the seal hunt has found its way onto the international spheres of governance and trade.Table of ContentsPreface Acknowledgements 1 Introduction  1Where are we on Seals?  2Seals and Humans: A Troubled Relationship?  3A Brief Introduction to Seals  4The Characters of Law   4.1 Law and Knowledge   4.2 Law as Expression   4.3 Are Objectivity and Expression in Law Adversaries? 5 A Short Explanation of the Content of the Book 2 Cultures and Economies  1Introduction  2The Northern Hemisphere   2.1 Northern Atlantic Ocean    2.1.1. Eastern Canadian Seal Hunts    2.1.2. Iceland   2.2 Inuit Seal Hunts in the Davis Strait    2.2.1 Historical Overview   2.3 North Pacific    2.3.1. The Pribilof Islands    2.3.2. The Bering Sea and Bering Strait   2.4 Sea of Okhotsk and Sea of Japan    2.4.1. Historical Overview    2.4.2. Contemporary Issues   2.5 Jan Mayen, Barents Sea and White Sea   2.6 Baltic Sea and North Sea    2.6.1. Historical Overview    2.6.2. Contemporary Issues   2.7 Lake Sealing  3The Southern Hemisphere   3.1 South Georgia    3.1.1. Historical Overview    3.1.2. Contemporary Issues   3.2 South America   3.3 Bass Strait, New Zealand and Macquarie Island    3.3.1. Historical Overview    3.3.2. Contemporary Issues   3.4 South, Southwest and Southeast Africa  4Conclusion 3 Legal Regimes  1Introduction  2Defunct Multilateral Regimes   2.1 The North Atlantic    2.1.1 The Jan Mayen Seal Fishery Treaty, 1875    2.1.2 Finnish-Soviet Sealing Regimes in the Northeast Atlantic, 1922–1944    2.1.3 International Convention for the Northwest Atlantic Fisheries, 1949—1978    2.1.4 Agreement on Measures for Regulating the Catch and Conserving Stocks of Seals in the Northeastern Part of the Atlantic Ocean, 1957    2.1.5 Agreement between the Government of Canada and the Government of Norway on Sealing and the Conservation of the Seal Stocks in the Northwest Atlantic, 1971    2.2 The Bering Sea Fur Seal Regimes until 1984    2.2.1 The 1911 Fur Seal Convention    2.2.2 The 1957 Interim Convention on Conservation of North Pacific Fur Seals   2.3 Lake Sealing  3Current Multilateral Regimes    3.1 International Legal Regimes    3.1.1 United Nations Convention on the Law of the Sea (unclos), 1982    3.1.2 Convention on International Trade in Endangered Species of Wild Flora and Fauna (cites), 1979    3.1.3 Convention on Migratory Species (cms, Bonn Convention), 1979    3.1.4 Convention on the Conservation of European Wildlife and Habitats (Bern Convention), 1979    3.1.5 Convention on Biological Diversity (cbd), 1992    3.2 International Organisations and Regional Regimes    3.2.1 Atlantic Ocean    3.2.2 Baltic Sea    3.2.3 Mediterranean Sea    3.2.4 Antarctica   3.3 A Short Discussion on Bi- and Multilateral Agreements  4National Legislation   4.1 Northern Hemisphere    4.1.1 Canada    4.1.2 United States    4.1.3 Russia    4.1.4 Norway    4.1.5 Iceland    4.1.6 Denmark / Greenland    4.1.7 Sweden    4.1.8 Finland    4.1.9 Estonia    4.1.10 Japan    4.2 Southern Hemisphere    4.2.1 Falkland Islands and South Georgia    4.2.2 Namibia and South Africa    4.2.3 Uruguay    4.2.4 Argentina    4.2.5 Peru    4.2.6 Chile    4.2.7 Ecuador    4.2.8 Australia    4.2.9 New Zealand    4.3 A Short Discussion on National Legislation  5Conclusion 4 The European Union and the Seal Hunt  1Introduction  2The Seal Pups Directive 1983  3The EU Seal Regime   3.1 The Drafting History of the EU Seal Regime    3.1.1 The Declaration of the European Parliament    3.1.2 The Seal Hunt and the Council of Europe    3.1.3 The European Food Safety Authority    3.1.4 cowi    3.1.5 The Legislative Proposal    3.1.6 The imco Report    3.1.7 Banning the Trade in Seal Products    3.2 Adjudicating the Seal Regime   3.3 Problems, Politics and Protests    3.3.1 Stakeholders    3.3.2 The Effects of the EU Seal Regime 4 Conclusion 5 Public Morality, International Trade Law and the Seal Hunt  1Introduction  2The Blurry Concept of “Public Morality”  3International Trade Law and the “Moral Concern”   3.1 The Emerging “Moral Exception” in International Trade Law   3.2 The “Moral Concern” and the Trade in Seal Products  4Animal Welfare as a European Moral Standard  5An Inner-European View on Public Morality  6Conclusion 6 Concluding Thoughts Bibliography Literature Cited Legislation, Policy-Documents and Case-Law Cited Index

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Book SynopsisVisions of Justice offers an exploration of legal consciousness among the Muslim communities of Central Asia from the end of the eighteenth century through the fall of the Russian Empire. Paolo Sartori surveys how colonialism affected the way in which Muslims formulated their convictions about entitlements and became exposed to different notions of morality. Situating his work within a range of debates about colonialism and law, legal pluralism, and subaltern subjectivity, Sartori puts the study of Central Asia on a broad, conceptually sophisticated, comparative footing. Drawing from a wealth of Arabic, Persian, Turkic and Russian sources, this book provides a thoughtful critique of method and considers some of the contrasting ways in which material from Central Asian archives may most usefully be read. Publication in Open Access was made possible by a grant from the Volkswagen Foundation.Trade ReviewEndorsements for Visions of Justice "Visions of Justice is a remarkable depiction of Islamic justice among Central Asian Muslims under Tsarist rule. Paolo Sartori’s book tells a story that everyone interested in Islamic legal institutions and practice should hear. This meticulously researched, eloquently narrated account will generate an impact beyond the field of Central Asian studies." – Boğaç A. Ergene, University of Vermont "Based upon a wide range of legal sources written in Russian, Arabic, Persian, and Chaghatay, Visions of Justice invites readers to understand law as it was experienced by Muslims in Central Asia under tsarist rule and to explore the complex relationship between law and colonialism. This is an invitation that scholars of Islamic law will want to accept." – David S. Powers, Cornell University "Paolo Sartori’s Visions of Justice is a brilliant and pathbreaking study of Tsarist-era Central Asia, and should launch a fundamental rethinking of Central Asian history from the late 18th to 21st centuries. Focused on the encounter of Russian and local legal institutions and procedures during the late 19th and early 20th centuries, the book reveals the complex adaptations and manipulations, by Central Asians, of the expanded menu of legal options that would prove to be one of the most subtly transformative aspects of Russian rule." – Devin DeWeese, Indiana University "Visions of Justice is an instant classic in the historiography of modern Central Asia. In breathtaking detail, Sartori describes the transformation of the Islamic field under colonial rule. Through a stunning variety of new evidence mined from official and private family archives across Uzbekistan, much of it bringing to life and humanizing the acute concerns of Central Asian litigants, Sartori addresses a number of significant and longstanding lacunae in the historiography." – Eren Tasar, University of North Carolina, Chapel Hill Reviews of Visions of Justice “[...] Visions of Justice covers fundamental academic research which fills lacunas in the studies of the legal history of Transoxiana in the period of Russian colonization. It offers a complex outlook on the evolution of the Islamic judicial system in Russian Central Asia and introduces a large number of new documentary sources on the everyday consumption of the sharīʿa justice in a changing social environment. Numerous excerpts from archival material quoted throughout the book as well as full texts of exemplary documents in the Appendix provide a solid footing for the author’s argumentation and conclusions. Specialists will take advantage of transcriptions of the most important fragments from original texts occasionally supplemented with photocopies of quoted documents. What makes Visions of Justice suitable for a wider readership is that the intriguing lawsuit cases are regularly discussed as life stories in which the author gives voice to people of varied standing, be they ordinary Muslim litigants of both sexes, or high up native judges and legists, or local translators and assessors, or Russian military and administrative officials on different rungs of the imperial bureaucratic ladder.” – Mikhail Pelevin, Saint Petersburg State University, in Iranian Studies 51.6 (2018). “Every so often though a book about Central Asian Islam comes along which scholars working on other parts of the Muslim world need to take notice of—which deserves to become influential well beyond the narrow group of Central Asian specialists. [...] Paolo Sartori’s magnificent book deserves to join this short and exclusive list. [...] The major contribution Sartori has made here to the history of Central Asia is not in doubt. Why should it also be of interest to historians of other parts of the Muslim world, as I argued at the outset? One reason is the sheer level of detail that Sartori is able to provide in his case-studies (the book also contains a series of generous appendices with facsimiles and translations of archival documents) which has rarely if ever been matched by historians working on Islamic legal institutions under British, French or Dutch colonial rule. This in turn is because taken together, Central Asian archive and manuscript collections are among the largest surviving anywhere in the Muslim world—probably second only to the Ottoman archives in their significance—and yet they remain little known and little used by historians of Islam, who remain overwhelmingly focused on the Middle East. This needs to change, and Sartori’s superb book should be the catalyst.” – Alexander Morrison, New College, Oxford, in Journal of Islamic Studies 30.2 (2019). "Visions of Justice can be considered a particularly rich and valuable work. By consulting various archival resources, the book brings details about the lived realities of people of Central Asia to our attention from a micro-perspective. Building on various court cases, particularly criminal cases, the author explores the multilayered, complex systems of laws and social relations that characterize a part of the world which has usually been looked at with a more macropolitical approach. [...] This sums up this book that can only be described as seminal and inspiring due to its depth and serious creative research. He is to be congratulated." – Amira Sonbol (Qatar), in Historische Anthropologie (2021). "One of the main historiographical challenges that scholars of Islamic law (and Islam) in the Islamic East are facing is striking the balance between the multiple geographical and chronological registers. Paolo Sartori's Visions of Justice is a welcomed addition to this body of works and, more importantly, an excellent example of the enormous potential of this historiographical path." – Guy Burak, New York University, in Quaderni Storici 164.2 (2020).Table of ContentsAcknowledgments Note on Transliteration and Nomenclature Abbreviations List of Maps and Illustrations Introduction Chapter One: The Islamic Juridical Field in Central Asia, ca. 1785-1918 Chapter Two: Native Judges into Colonial Scapegoats Chapter Three: The Bureaucratization of Land Tenure Chapter Four: Annulling Charitable Endowments Chapter Five: Fatwas for Muslims, Opinions for Russians Epilogue: The Legacy: Opportunities from Colonialism Appendixes I-IV Glossary of Islamic Terms Archival Files Consulted Bibliography Index

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Book SynopsisA set of essays intended to recognize the scholarship of Professor Cynthia Neville, the papers gathered here explore borders and boundaries in medieval and early modern Britain. Over her career, Cynthia has excavated the history of border law and social life on the frontier between England and Scotland and has written extensively of the relationships between natives and newcomers in Scotland’s Middle Ages. Her work repeatedly invokes jurisdiction as both a legal and territorial expression of power. The essays in this volume return to themes and topics touched upon in her corpus of work, all in one way or another examining borders and boundaries as either (or both) spatial and legal constructs that grow from and shape social interaction. Contributors are Douglas Biggs, Amy Blakeway, Steve Boardman, Sara M. Butler, Anne DeWindt, Kenneth F. Duggan, Elizabeth Ewan, Chelsea D.M. Hartlen, K.J. Kesselring, Tom Lambert, Shannon McSheffrey, and Cathryn R. Spence.Trade Review''This is a stimulating set of essays that will be of interest to historians of medieval and early modern Britain, and to scholars with an interest in border studies. It is a genuinely British collection, with material from different regions of England, Scotland, and Wales, as well as a number of frontiers. The authors, as a group, set their research in clear historical and historiographical context, making it possible for readers to engage with a diverse set of essays and understand how the papers not only enter into dialogue with Neville’s work but also advance their own fields''. Morgan Ring, in Canadian Journal of History, 54.1-2 (2019). "The collection illustrates the value of seeking out the margins in which the mixing of peoples, ideas, laws, and customs produced so many fascinating aspects of British history [...] In all, this book makes an excellent contribution to our understanding of medieval Britain by further diversifying both the subjects we endeavour to understand and the manner in which we examine them. It provides continued evidence of the value of examining margins and borders, and of how these spaces – real and imagined, social and legal, gendered and economic – provide the most fruitful areas for enquiry." Daniel MacLeod, in The Innes Review, 71.1 (2020).Table of ContentsList of Illustrations Notes on Contributors Introduction  Sara M. Butler and K.J. Kesselring List of Publications: Cynthia J. Neville Part 1: Making and Marking Borders: Conflict 1 Frontier Law in Anglo-Saxon England  Tom Lambert 2 Henry iv and the Welsh March: The Application and Limits of Royal Patronage and Glyn Dwr’s Rebellion in South Wales, 1399–1405  Douglas Biggs 3 Commemorating the Battle of Harlaw (1411) in Fifteenth-Century Scotland  Stephen Boardman 4 Spies and Intelligence in Scotland, c. 1530–1550  Amy Blakeway Part 2: Crossing Lines: Gender and Social Status 5 Participation in National Politics: Evidence Provided by Fifteenth-Century Parliamentary Election Returns from the County of Huntingdonshire  Anne R. DeWindt 6 Pleading the Belly: A Sparing Plea? Pregnant Convicts and the Courts in Medieval England  Sara M. Butler 7 Catching Fire: Arson, Rough Justice and Gender in Scotland, 1493–1542  Chelsea Hartlen 8 Negotiating the Economy: Gender, Status, and Debt Litigation in the Burgh Courts of Early Modern Scotland  Cathryn R. Spence Part 3: Policing Boundaries: Jurisdiction and Disorder 9 The Ritualistic Importance of Gallows in Thirteenth-Century England  Kenneth F. Duggan 10 Liberties of London: Social Networks, Sexual Disorder, and Independent Jurisdiction in the Late Medieval English Metropolis  Shannon McSheffrey 11 Crossing Borders and Boundaries: The Use of Banishment in Sixteenth-Century Scottish Towns  Elizabeth Ewan 12 Marks of Division: Cross-Border Remand after 1603 and the Case of Lord Sanquhar  K.J. Kesselring Index

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Book SynopsisIn Ownership Paradigms in American Civil Law Jurisdictions Agustín Parise assists in identifying the transformations experienced in the legislation dealing with ownership in the Americas, thereby showing that current understandings are not uncontested dogmas. This book is the result of research undertaken on both sides of the Atlantic, and covers the 16th to 20th centuries. Agustín Parise offers readers a journey across time and space, by studying three American civil law jurisdictions in three successive time periods. His book first highlights the added value that comparative legal historical studies may bring to Europe and the Americas. It then addresses, in chronological order, the three ownership paradigms (i.e., Allocation, Liberal, and Social Function) that he claims have developed in the Americas.Table of ContentsAcknowledgments ... xi List of Illustrations ... xiii 1 Introduction ... 1 1.1 Motivation ... 1 1.2 Problematization ... 2 1.3 Research Questions ... 4 1.4 Conceptualizations ... 5 1.4.1 American Civil Law Jurisdictions ... 5 1.4.2 Ownership Paradigms ... 8 1.5 Methodology ... 13 1.5.1 Louisiana as a Hard Case for American Civil Law Jurisdictions ... 18 1.6 Sources ... 21 1.7 Structure ... 24 2 The Value of Comparative Legal History for American Civil Law Jurisdictions ... 25 2.1 Introduction ... 25 2.2 Construction ... 27 2.2.1 Building Blocks ... 27 2.2.2 Autonomous Discipline ... 29 2.3 Development ... 34 2.3.1 Emergence ... 35 2.3.2 Conditions ... 44 2.3.3 Benefits ... 48 2.3.4 Corollary ... 50 2.4 Impact on Transplantation ... 51 2.5 Closing Remarks ... 53 3 The Allocation Paradigm of Ownership in American Civil Law Jurisdictions ... 56 3.1 Introduction ... 56 3.2 Native American Land Relations ... 57 3.2.1 America as a Mosaic of Different Legal Systems ... 58 3.2.2 Louisiana, Chile, and Argentina within the Mosaic ... 61 3.2.3 Corollary ... 63 3.3 Spanish Access to Lands in the Americas ... 63 3.3.1 Territories as Royal Holdings of Castile ... 64 3.3.2 Louisiana, Chile, and Argentina as Royal Holdings of Castile ... 71 3.3.3 Corollary ... 73 3.4 Indiano Legal Order ... 73 3.4.1 Castilian Precepts as Models for the Americas ... 75 3.4.2 Corpus Iuris Indiarum: Legislative Enactments and Doctrine ... 79 3.4.3 Louisiana, Chile, and Argentina within the Indiano Legal Order ... 82 3.4.4 Corollary ... 84 3.5 Allocating Multiple Interests ... 84 3.5.1 Crown of Castile ... 88 3.5.2 Roman Catholic Church 91 3.5.3 Native American Groups 93 3.5.4 Corollary ... 94 3.6 Individual Allocation ... 95 3.6.1 Transplantation of the Royal Land Grants System ... 96 3.6.2 Implementation of Royal Land Grants (Argentine Illustration) ... 98 3.6.3 Royal Land Grants in Louisiana and Chile ... 104 3.6.4 Corollary ... 108 3.7 Communal Allocation ... 109 3.7.1 Comunales and Propios: Origins and Implementation ... 110 3.7.2 Communal Property in European Settlements ... 113 3.7.3 Communal Property in Native American Towns ... 115 3.7.4 Communal Property in Louisiana, Chile, and Argentina ... 121 3.7.5 Corollary ... 124 3.8 Closing Remarks ... 125 4 The Liberal Paradigm of Ownership in American Civil Law Jurisdictions ... 129 4.1 Introduction ... 129 4.2 Emergence of First-Generation Codes ... 131 4.2.1 Studies on Comparative Legislation ... 132 4.3 First-Generation Codes across the Americas ... 137 4.3.1 Louisiana ... 139 4.3.2 Chile ... 140 4.3.3 Argentina ... 142 4.4 Codifying the Liberal Paradigm of Ownership ... 144 4.4.1 Origins ... 144 4.4.2 Formal Sources ... 147 4.4.3 Transplantation and Development of Common Sources ... 153 4.5 Encapsulation of the New Paradigm across the Americas ... 154 4.5.1 Louisiana ... 155 4.5.2 Chile ... 161 4.5.3 Argentina ... 166 4.6 Pollination of Ownership in the Americas ... 173 4.6.1 Pollination from Louisiana ... 174 4.6.2 Pollination from Chile ... 177 4.6.3 Pollination from Argentina ... 179 4.7 Introduction to Second-Generation Codes ... 180 4.8 Closing Remarks ... 182 5 The Social Function Paradigm of Ownership in American Civil Law Jurisdictions ... 184 5.1 Introduction ... 184 5.2 Social Function Understanding ... 185 5.2.1 Global Emergence ... 185 5.2.2 Social Doctrine of the Church ... 189 5.2.3 Duguit: The Paladin of the Social Function Paradigm ... 192 5.2.4 Corollary ... 198 5.3 Reception in Constitutions ... 199 5.3.1 American Origins: Social Constitutionalism in Mexico ... 200 5.3.2 European Origins: Social Constitutionalism in Germany ... 202 5.3.3 Global Contagion of Constitutions ... 203 5.3.4 Louisiana ... 205 5.3.5 Chile ... 208 5.3.6 Argentina ... 213 5.4 Reception in Civil Codes ... 218 5.4.1 Momentum in Second-generation Civil Codes ... 219 5.4.2 Doctrine of Abuse of Rights ... 221 5.4.3 Louisiana ... 223 5.4.4 Chile ... 228 5.4.5 Argentina ... 232 5.5 Reception in Special Legislation ... 238 5.5.1 Land Reform ... 239 5.5.2 Louisiana ... 244 5.5.3 Chile ... 248 5.5.4 Argentina ... 256 5.6 Closing Remarks ... 260 6 Conclusions ... 263 6.1 Presentation ... 263 6.2 Central Conclusions ... 263 6.2.1 Visualizing Paradigms and Shifts ... 264 6.2.2 Circulation of Ideas and Paradigm Flows ... 266 6.2.3 Contagious Evolution across Time and Space ... 267 6.2.4 Transplantation of Vernacular and Foreign Legal Sources ... 267 6.3 Peripheral Conclusions ... 268 6.3.1 Disciplinary Value of Comparative Legal History ... 269 6.3.2 Quality of Existing Output ... 269 6.3.3 Transatlantic Circulation ... 270 6.3.4 Global Undertakings ... 270 6.4 Areas of Future Research ... 271 6.4.1 Additional Sources of Law and Ownership Paradigms ... 271 6.4.2 Ecological Function of Ownership ... 272 6.4.3 Global Context for Ownership Paradigms ... 272 6.5 Finale ... 273 List of References ... 275 Index of Names ... 376

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Book SynopsisLaw and Language in the Middle Ages investigates the encounter between law and legal practice from the linguistic perspective. The essays explore how legal language expresses and advances power relations, along with the ways in which the language of law legitimates power. The wide geographical and chronological scope showcases how power, legitimacy and language interact, moving the discussion beyond traditional issues of identity or the formation of nation-states and their institutions. What emerges are different strategies reflective of the diverse and pluralistic political, legal, and cultural worlds of the Middle Ages. Contributors are Michael H. Gelting, Dirk Heirbaut, Carole Hough, Anette Kremer, Ada Maria Kuskowski, Anders Leegaard Knudsen, André Marques, Matthew McHaffie, Bruce O’Brien, Paul Russell, Werner Schäfke, and Vincenz Schwab.Table of ContentsContents Notes on Contributors List of Illustrations Introduction  Jenny Benham, Matthew McHaffie, and Helle Vogt part 1 Translation and Interpretation of Law 1 Why Laws Were Translated in Medieval England: Access, Authority, and Authenticity  Bruce O’Brien 2 Translating Justinian: Transmitting and Transforming Roman Law in the Middle Ages  Ada Maria Kuskowski 3 Leges Iutorum: The Medieval Latin Translation of the Law of Jutland  Michael H. Gelting 4 The Languages and Registers of Law in Medieval Ireland and Wales  Paul Russell part 2 The Languages of Legal Practice and Documentary Culture 5 Latin and the Vernacular in Medieval Legal Documents: The Case of Denmark  Anders Leegaard Knudsen 6 Between the Language of Law and the Language of Justice: The Use of Formulas in Portuguese Dispute Texts (Tenth and Eleventh Centuries)  André Evangelista Marques 7 The Dangers of Using Latin Texts for the Study of Customary Law: The Example of Flemish Feudal Law during the High Middle Ages  Dirk Heirbaut 8 Sources of Legal Language: The Development of Warranty Clauses in Western France, ca.1030–ca.1240  Matthew McHaffie part 3 Methodology, Interaction, and Language 9 Law and Language in the Leges Barbarorum: A Database Project on the Vernacular Vocabulary in Medieval Manuscripts  Anette Kremer and Vincenz Schwab 10 ‘And since We are No Lawyers, We Will Void the Lawsuit with Battle Axes’! Voiding a Lawsuit in Old Icelandic Procedural Law  Werner Schäfke 11 Biblical Analogues for Early Anglo-Saxon Law  Carole Hough Index

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Book SynopsisContributions to this Festschrift for the renowned American legal and literary scholar William Ian Miller reflect the extraordinary intellectual range of the honorand, who is equally at home discussing legal history, Icelandic sagas, English literature, anger and violence, and contemporary popular culture. Professor Miller's colleagues and former students, including distinguished academic lawyers, historians, and literary scholars from the United States, Canada, and Europe, break important new ground by bringing little-known sources to a wider audience and by shedding new light on familiar sources through innovative modes of analysis. Contributors are Stuart Airlie, Theodore M. Andersson, Nora Bartlett, Robert Bartlett, Jordan Corrente Beck, Carol J. Clover, Lauren DesRosiers, William Eves, John Hudson, Elizabeth Papp Kamali, Kimberley-Joy Knight, Simon MacLean, M.W. McHaffie, Eva Miller, Hans Jacob Orning, Jamie Page, Susanne Pohl-Zucker, Amanda Strick, Helle Vogt, Mark D. West, and Stephen D. White.Trade Review"The lineup in this invigorating Festschrift is a starry one. Perhaps more important, it seems genuinely to reflect the ways in which William Ian Miller has inspired a great range of scholars of legal history, Icelandic sagas, and violence, as well as emotions more broadly. The authors have done an effective job of pulling together a volume with intellectual coherence. Though there is not space here to discuss each contribution, I can attest that all are insightful and of high quality. This is a rewarding volume: a particular strength is to show how unexpected sources can shed light on more well worked topics. [...] This is a stimulating volume that resonates with a number of crucial themes for medievalists". Hannah Skoda, in Speculum, 95 (3), 2020.Table of ContentsContents List of Illustrations Notes on Contributors List of Abbreviations Introduction: In Search of Miller  Stephen D. White Bill the Boundless  Jordan Corrente Beck Miller(ed) in St Andrews  Kimberley-Joy Knight and John Hudson Part 1 
Emotion, Violence, Vengeance, and Law in Medieval Historical Sources 1 Hot Anger and Just Indignation: Justificatory Strategies in Early Modern German Homicide Trials  Susanne Pohl-Zucker 2 Trial by Ordeal by Jury in Medieval England, or Saints and Sinners in Literature and Law  Elizabeth Papp Kamali 3 Threats and Intimidation in Anglo-Norman Legal Disputes  William Eves 4 Courts and Rule-Making in Eleventh-Century Western France  M. W. McHaffie 5 Standing up in Court: Gender and Genitalia in Fourteenth-Century Zurich  Jamie Page 6 How To Be Remembered: Securing the Memoria of a Slain Person in Medieval Denmark  Helle Vogt Part 2 
Emotion, Violence, Vengeance, and Law in Medieval Literary Sources 7 Telling Evidence in Njáls Saga  Carol J. Clover 8 Widening Horizons in Njáls Saga  Theodore M. Andersson 9 Feud in the State: The Conflict between Haakon Haakonsson and Skule Baardsson  Hans Jacob Orning 10 ‘Waltharius’: Treasure, Revenge and Kingship in the Ottonian Wild West  Simon MacLean Part 3 
Comparative Perspectives 11 Braveheart and Sexual Revenge  Robert Bartlett 12 Stringer’s Saga: Njal and The Wire  John Hudson and Mark D. West 13 ‘An Overdeveloped Sense of Vengeance’? The Middle Ages, Vengeance and Movies  Stuart Airlie 14 Getting a Head in the Neo-Assyrian Empire: Narratives of Enemy Decapitation in Ashurbanipal’s Sources  Eva Miller Epilogue: Silence as a Weapon of Self-Defence in Sense and Sensibility  Nora Bartlett Bibliography of Books and Scholarly Articles by William I. Miller  Compiled by Lauren DesRosiers and Amanda Strick Index

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Book SynopsisIn the Shadow of Vitoria: A History of International Law in Spain (1770-1953) offers the first comprehensive treatment of the intellectual evolution of international law in Spain from the late 18th century to the aftermath of the Spanish Civil War. Ignacio de la Rasilla del Moral recounts the history of the two ‘renaissances’ of Francisco de Vitoria and the Spanish Classics of International Law and contextualizes the ideological glorification of the Salamanca School by Franco’s international lawyers. Historical excursuses on the intellectual evolution of international law in the US and the UK complement the neglected history of international law in Spain from the first empire in history on which the sun never set to a diminished and fascistized national-Catholicist state.Table of ContentsAcknowledgments A History of International Law in Spain, 1770–1953 Introduction 1 The Study of International Law in the Spanish Nineteenth Century  The Academic Study of International Law—An Early Spanish Awakening  Enlightened Despotism and the Study of the Law of Peoples in Spain  The Law of Peoples in Spain From the 1812 Constitution of Cadiz to the Aftermath of the Independence of the Latin-American Republics  The First Professorships in International Law in Spain  Revolution in Spain and ‘Conscience Juridique du Monde Civilisé’  The First ‘Professional Generation’ in Spain  The First ‘Renaissance’ of Francisco Vitoria 2 A Point of Inflection for International Law in Spain and the United States  The Spanish-American War—A Point of Inflection for International Law  The Legacy of the Nineteenth Century in the U.S.’ International Legal Academia  The Insular Cases. The Standard of Civilization and Universal Particularism  Education and Spanish International Lawyers—The ‘Institutionist’ Creed  Revista de Derecho Internacional y Política Exterior  International Codification—The Hague Conferences  Colonial Policy of Substitution—The Moroccan Question  The Founding of the American Society of International Law  James Brown Scott—The Omnipresent ‘Amigo Americano’ 3 The Silver Age of International Law in Spain  ‘The Strongest Breakthrough for the World at Large’  The League—A Fundamental Transformation  The Spanish Policy of Prestige and Revisionism at the League and the Second ‘Professional Generation’ of Spanish International Law Scholars  The Re-Awakening of Universalism—The ‘International Community’ in the Interwar Doctrine  The Founding of the Association Francisco de Vitoria  The Second Spanish Republic—A Principled Engagement with Internationalism 4 The Spanish Civil War—Inter Armas Pugnant Leges  Non-Intervention in the ‘Last Great Cause’  Setting the Stage for the Localization of the Spanish Civil War and the League of Nations  International Legal Aspects of the Spanish Civil War  H. Lauterpacht and the Practitioner’s Approach to the Spanish Civil War  Francisco de Vitoria and the Spanish Civil War 5 Noli Foras Ire. In Hispaniae Habitat Veritas  Unity of Fate in the Universal  The Fascist Mimesis of International Law in Spain and the Axis Temptation  The ‘Vitorian’ Aftermath and Autarchic Ostracism  Hispanidad, International Law and International Re-Alignment Conclusion Bibliography Index

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Book SynopsisThis treatise investigates the emergence of the early modern law of nations, focusing on Alberico Gentili’s contribution to the same. A religious refugee and Regius Professor at the University of Oxford, Alberico Gentili (1552–1608) lived in difficult times of religious wars and political persecution. He discussed issues that were topical in his lifetime and remain so today, including the clash of civilizations, the conduct of war, and the maintenance of peace. His idealism and political pragmatism constitute the principal reasons for the continued interest in his work. Gentili’s work is important for historical record, but also for better analysing and critically assessing the origins of international law and its current developments, as well as for elaborating its future trajectories.Table of ContentsForeword by David Sugarman F.R. Hist. S. Preface Acknowledgments List of Illustrations Abbreviations Note on Terminology and Translations 1 The Varied Fortunes of Alberico Gentili  1.1Introduction  1.2Methodological Framework  1.3Chapter Plan  1.4The Fame and Fortunes of Alberico Gentili  1.5The State of the Art  1.6Key Challenges  1.7Conclusions 2 The Adventurous Life of Alberico Gentili  2.1Introduction  2.2The Early Years in San Ginesio  2.3Studying Law at the University of Perugia  2.4The Italian Reformation  2.5Gentili’s Religious Belief  2.6Fleeing to London  2.7The Oxonian Years  2.8Family Life  2.9Advocate at the Admiralty Court  2.10Conclusions 3 Gentili, International Law, and the Humanities  3.1Introduction  3.2The Sixteenth-Century Revolution in the Methodology of Law  3.3From Mos GallicusandMos Italicus towards theUsus Modernus  3.4Gentili’s Sources  3.5Gentili’s Method  3.6Gentili and the Humanities  3.7The Gentilian Sonnets  3.8Debating Theatre in Elizabethan England  3.9Dialectical Antinomies  3.10Conclusions 4 Gentili and the Law of Nations  4.1Introduction  4.2The Founder(s) of International Law  4.3The Notion of International Community  4.4The Notion ofIus Gentium  4.5Diplomatic Law  4.6The Settlement of International Disputes  4.7The Secularization of Legal Theory  4.8Final Remarks 5 Gentili and the Law of War  5.1Introduction  5.2De iure belli   5.2.1 Defining War   5.2.2 The Causes of War   5.2.3 Neutrality   5.2.4 TheIus in Bello233   5.2.5 TheIus Post Bellum239  5.3Freedom of Religion  5.4Preventive War  5.5The Balance of Power  5.6Critical Assessment  5.7Conclusions 6 Gentili and the Law of the Sea  6.1Introduction  6.2The Sea: Between Freedom and Sovereignty   6.2.1 The Freedom of the High Seas   6.2.2 The Territorial Sea   6.2.3 Impact  6.3The Freedom of Communication, Movement and Commerce   6.3.1 The Freedom of Communication   6.3.2 The Freedom of Movement   6.3.3 The Freedom of Commerce  6.4Piracy and Privateering  6.5Advocacy at the High Court of Admiralty  6.6Critical Assessment  6.7Conclusions 7 Gentili and the Injustice of Empire  7.1Introduction  7.2Cultural Diversity and the Law of Nations   7.2.1 The Challenge of Cultural Diversity   7.2.2 Slavery and Freedom   7.2.3 Gross Violations of Natural Law   7.2.4 Critical Assessment  7.3The (Il)legitimacy of European Expansion   7.3.1 Discovery   7.3.2 Occupation   7.3.3 Ius Praedicandi369   7.3.4 Freedom of Movement   7.3.5 Just War   7.3.6 Converging Divergences  7.4The Roman Model: Empire or Commonwealth?   7.4.1 The Wars of the Romans   7.4.2 Diverging Interpretations   7.4.3 International Law and Empire  7.5TheRegales Disputationes   7.5.1 The Emergence of Absolutism and the Royal Disputations   7.5.2 Conceptualizing Sovereignty   7.5.3 The Royal Prerogative   7.5.4 Taming the Leviathan?   7.5.5 Critical Assessment   7.5.6 Epilogue: Gentili and Hobbes  7.6Critical Assessment  7.7Conclusions 8 Alberico Gentili and Hugo Grotius  8.1Introduction  8.2Comparing Gentili and Grotius’ Respective Works  8.3Diverging Writing Styles  8.4On Method  8.5Converging Arguments?  8.6Critical Assessment  8.7Conclusions Conclusions Bibliography Index

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Book SynopsisThis volume brings together nine chapters by specialist legal historians that address the topic of the scale and size of companies, in both legal and economic history. The bundled texts cover different periods, from the Middle Ages, the Early Modern Period, to the nineteenth century. They analyse the historical development of basic features of present-day corporations and of other company types, among them the general and limited partnership. These features include limited liability and legal personality. A detailed overview is offered of how legal concepts and mercantile practice interacted, leading up to the corporate characteristics that are so important today. Contributors are: Anja Amend-Traut, Luisa Brunori, Dave De ruysscher, Stefania Gialdroni, Ulla Kypta, Bart Lambert, Annamaria Monti, Carlos Petit, and Bram Van Hofstraeten.Trade Review''Overall, this collection shows the value of discussing concepts explicitly. It creates some much-needed clarity, and this is perhaps the best way of establishing differences and similarities for comparative legal and historical research.The volume’s contributions show the way that legal study, through its demand for precision in language and its definition and meaning, can inform business and economic history;it is a fruitful example of how legal history can be combined with business and economic history''. Victoria Barnes, in Legal History , 27 (2019), pp.322-324.Table of ContentsAcknowledgments List of Figures and Tables Introduction  Dave De ruysscher, Albrecht Cordes, Serge Dauchy and Heikki Pihlajamäki 1 What is a Small Firm? Some Indications from the Business Organization of Late Medieval German Merchants  Ulla Kypta 2 Making Size Matter Less: Italian Firms and Merchant Guilds in Late Medieval Bruges  Bart Lambert 3 Late Scholasticism and Commercial Partnership: Persons and Capitals in the Sixteenth and Seventeenth Centuries  Luisa Brunori 4 Legal Structure of Early Enterprises—from Commenda-like Arrangements to Chartered Joint-Stock Companies (Early Modern Period)  Anja Amend-Traut 5 Delving for Diversity in Early Modern Company Law: Mining Companies in Seventeenth-Century Liège  Bram Van Hofstraeten 6 Incorporation and Limited Liability in Seventeenth-Century England: The Case of the East India Company  Stefania Gialdroni 7 From Commercial Guilds to Commercial Law: Spanish Company Regulations (1737–1848)  Carlos Petit 8 Partnerships as Flexible and Open-Purpose Entities: Legal and Commercial Practice in Nineteenth-Century Antwerp (c. 1830–c. 1850)  Dave De ruysscher 9 Form, Size, “Governance”: Remarks on Italian Late Nineteenth-Century Companies  Annamaria Monti Index

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Book SynopsisPolitical Representation: Communities, Ideas and Institutions in Europe (c. 1200 - c. 1690), a scholarly collection on representation in medieval and early modern Europe, opens up the field of institutional and parliamentary history to new paradigms of representation across a wide geography and chronology – as testified by the volume’s studies on assemblies ranging from Burgundy and Brabant to Ireland and Italy. The focus is on three areas: institutional developments of representative institutions in Western Europe; the composition of these institutions concerning interest groups and individual participants; and the ideological environment of representatives in time and space. By analysing the balance between bottom-up and top-down approaches to the functioning of institutions of representation; by studying the actors behind the representative institutions linking prosopographical research with changes in political dialogue; and by exploring the ideological world of representation, this volume makes a key contribution to the historiography of pre-modern government and political culture. Contributors are María Asenjo-González, Wim Blockmans, Mario Damen, Coleman A. Dennehy, Jan Dumolyn, Marco Gentile, David Grummitt, Peter Hoppenbrouwers, Alastair J. Mann, Tim Neu, Ida Nijenhuis, Michael Penman, Graeme Small, Robert Stein and Marie Van Eeckenrode. See inside the book.Trade Review"Dem Band gelingt es mithin, einem Thema, zu dem schon viel gesagt worden ist, inhaltliche Elemente und methodische Ideen hinzuzufügen, die weniger auf grundstürzend Neues aus sind, sondern vielmehr klassische Analyseinstrumente mit solchen vor allem aus dem weiten Feld der Ideen- und Kulturgeschichte verbinden. Olaf Mörke, Kiel in Zeitschrift für Historische Forschung 47 (2020), 2 ''Insgesamt gesehen liefert das Buch einen sehr fundierten Überblick zum Stand der vergleichenden und der auf unterschiedliche Reiche und Territorien bezogenen Forschungen zu politischer Repräsentation und Ständeversammlungen. Es leistet einen wichtigen Beitrag zur Diskussion neuerer Forschungsansätze und theoretischer Modelle und gibt äußerst vertiefenswerte Anregungen für künftige Forschungen''. Gisela Naegle in Francia Recensio , 4 (2019). "On the whole I very much welcome these two new volumes, because they usefully unite different approaches to the study of pre-modern political representation. Moreover, because of the serendipity of their publication and the editors’ shared commitment to using the perspective of empowering interactions in the study of representative institutions – especially since the potential to do so seems not to have been fully realized yet in the volumes themselves – the books set a clear agenda for future research. Joris Oddens (University of Padova, Italy/Huygens-ING) in European History Quarterly, 2019, Vol. 49(3) 491–547 "This deeply researched collection raises many profound questions about the nature of representation and explores them with great care and sensitivity. Political scientists, economists, and historians of all periods will find much of value in the collection; many of the chapters require readers to acquaint themselves with very specific circumstances and institutions, but the authors do a fine job of explaining why these details matter and what light they shed on specific aspects of representation. Lastly, the editors at Brill deserve praise for their care in publishing the work; too often excellent volumes suffer from typos and thoughtless errors, but happily such was not the case here". Alison Williams Lewin, in The Medieval Review , June 2020. "Throughout its fourteen chapters, the book presents how political representation was instituted in Europe between 1200 and 1690. [...] This book is of interest not only for medieval and early modern historians, who will find a new and more accurate approach to the classical topic of estates and representative assemblies, but also for political theorists, who will benefit from a genealogical approach to political representation, a key topic in political theory indeed". Montserrat Herrero, Renaissance Quarterly, 73 (2), pp. 640-641.Table of ContentsAcknowledgements List of Illustrations Contributors and Editors An Introduction: Political Representation Communities, Ideas and Institutions in Europe (c. 1200–c. 1650)  Mario Damen, Jelle Haemers and Alastair J. Mann Part 1: Top-down or Bottom-up? Princes, Communities and Representation 1Assemblies of Estates and Parliamentarism in Late Medieval Europe  Peter Hoppenbrouwers 2Political Representation and the Fiscal State in Late Medieval and Early Modern Castile  María Asenjo-González 3Forms of Political Representation in Late Medieval Northern Italy: Merits and Shortcomings of the City-State Paradigm (14th–early 16th Century)  Marco Gentile 4Representation in Later Medieval and Early Modern Ireland  Coleman A. Dennehy 5Speaking in the Name of: Collective Action, Claim-making, and the Development of Pre-modern Representative Institutions  Tim Neu Part 2: Prelates, Nobles and Patricians: The Composition of the Representative Institutions 6“The King wishes and commands?” Reassessing Representative Assembly in Scotland, c.1286–1329  Michael Penman 7Officers of State and Representation in the Pre-modern Scottish Parliament  Alastair J. Mann 8The Nobility in the Estates of the Late Medieval Duchy of Brabant  Mario Damen 9Representation by Numbers: How Attendance and Experience Helped Holland to Control the Dutch States General (1626–1630)  Ida Nijenhuis Part 3: Controlling the State: Ideas and Discourses 10The Antwerp Clerk Jan van Boendale and the Creation of a Brabantine Ideology  Robert Stein 11Rituals of Unanimity and Balance: Deliberation in 15th- to 16th-century Hainaut: A Fool’s Game?  Marie Van Eeckenrode 12Speech Acts and Political Communication in the Estates-General of Valois and Habsburg Burgundy c. 1370–1530: Towards a Shared Political Language  Jan Dumolyn and Graeme Small 13Parliament, War and the “Public Sphere” in Late Medieval England: The Experience of Lancastrian Kent  David Grummitt 14Who has a Say? The Conditions for the Emergence and Maintenance of Political Participation in Europe before 1800  Wim Blockmans Conclusion: Reconsidering Political Representation in Europe, 1400–1700 Selective Bibliography Index

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