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The Rise of the Indigenous Jurists 本土法学家的兴起
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-05-26 DOI: 10.1017/s0738248023000135
C. Ando
{"title":"The Rise of the Indigenous Jurists","authors":"C. Ando","doi":"10.1017/s0738248023000135","DOIUrl":"https://doi.org/10.1017/s0738248023000135","url":null,"abstract":"\u0000 Numerous Roman grants to local communities of the right to use local law survive in contemporaneous copies starting in the second century BCE. Contemporaneous with these grants of autonomy, Rome urged institutional changes that reconstituted local elites as aristocracies of office. By contrast, evidence that individuals identified themselves as experts in local law survives in bulk only starting in the second century CE. The paper urges that the superimposition of Roman courts as courts of the second instance created a role in local polities for expertise in local law in mediation with these Roman courts, and that local elites sought to monopolize this role and the technocratic prestige that it brought.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46139581","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Legal Pluralism from History to Theory and Back: Otto von Gierke, Santi Romano, and Francesco Calasso on Medieval Institutions 从历史到理论再回到法律多元主义：奥托·冯·吉尔克、桑蒂·罗曼诺和弗朗西斯科·卡拉索谈中世纪制度
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-05-10 DOI: 10.1017/s0738248023000159
Emanuele Conte
{"title":"Legal Pluralism from History to Theory and Back: Otto von Gierke, Santi Romano, and Francesco Calasso on Medieval Institutions","authors":"Emanuele Conte","doi":"10.1017/s0738248023000159","DOIUrl":"https://doi.org/10.1017/s0738248023000159","url":null,"abstract":"\u0000 This paper considers the historical contexts in which theories of legal pluralism grew and developed between the final third of the nineteenth century and the first half of the twentieth century. Theories of the state as a pluralistic system, as opposed to the absolute supremacy of state-made law, were the focus of German legal historical scholarship in the late nineteenth century, represented by the towering figure of Otto von Gierke. Gierke's image of a pluralist German Middle Ages largely influenced legal scholarship in Europe, even affecting the Italian scholar Santi Romano, whose book on the “legal order” has been considered a milestone in the construction of pluralist legal theories. Once passed from a legal historian like Gierke to a theorist like Romano, the model of a pluralist legal order returned to legal historiography, inspiring the innovative historical interpretation of medieval law proposed by Francesco Calasso. Gierke was a conservative, right-wing socialist, and Romano was a fascist and counselor of the fascist Italian government. Calasso, on the contrary, was a liberal opponent of the fascist regime. The three versions of legal pluralism, then, decline the same basic vision in three different ways, being influenced by the political contexts in which the three authors operated.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47923253","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Uses and Abuses of Legal Pluralism: A View from the Sideline 法律多元主义的运用与滥用:一个旁观者的视角
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-05-03 DOI: 10.1017/s0738248023000160
T. Herzog
{"title":"The Uses and Abuses of Legal Pluralism: A View from the Sideline","authors":"T. Herzog","doi":"10.1017/s0738248023000160","DOIUrl":"https://doi.org/10.1017/s0738248023000160","url":null,"abstract":"\u0000 This text takes issue with how present day debates regarding legal pluralism affect our vision of the past, as well as limit the horizons of possibilities in the future. It suggests that the genealogy of these debates determined what would be seen, and what ignored, and that, as a result, it has privileged some aspects, while forgetting the importance of others.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47442462","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Negotiating Nationhood: Constitutional Warfare, International Law, and the Birth of Bangladesh 谈判建国:宪法战争、国际法和孟加拉国的诞生
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-05-01 DOI: 10.1017/S073824802300007X
Cynthia Farid
{"title":"Negotiating Nationhood: Constitutional Warfare, International Law, and the Birth of Bangladesh","authors":"Cynthia Farid","doi":"10.1017/S073824802300007X","DOIUrl":"https://doi.org/10.1017/S073824802300007X","url":null,"abstract":"Abstract This paper argues the Government in Exile (GIE), the first government of independent Bangladesh, played an important role in framing the founding moment in legal terms. The GIE's constitutional warfare through its adherence to legalism, and subsequent internationalization of the conflict significantly shaped the independence movement of 1971. The GIE was composed of leaders who were lawyers, economists and other intellectuals who sought refuge in neighboring India. The agency of the founders and their allegiance to constitutional principles catalyzed the founding moment, oversaw the transition to an independent state and ultimately led to a swift adoption of a constitution that endures despite much instability. This national struggle of 1971 also played out in the international arena. In the process, lawyers from the so-called Third World articulated, reshaped, and generated new debates about international legal principles such as sovereignty, territoriality, and self-determination (and criterion for legitimacy of exiled governments)—most of which were considered to be well-settled at the time.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"317 - 340"},"PeriodicalIF":0.8,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"56963554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
LHR volume 41 issue 2 Cover and Front matter LHR第41卷第2期封面和封面问题
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-05-01 DOI: 10.1017/s0738248023000330
{"title":"LHR volume 41 issue 2 Cover and Front matter","authors":"","doi":"10.1017/s0738248023000330","DOIUrl":"https://doi.org/10.1017/s0738248023000330","url":null,"abstract":"","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"f1 - f5"},"PeriodicalIF":0.8,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41757792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Law, Courts, and Constitutions in Twentieth-Century South Asia 20世纪南亚的法律、法院和宪法
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-05-01 DOI: 10.1017/S0738248023000093
Saumya Saxena, A. McClure
{"title":"Law, Courts, and Constitutions in Twentieth-Century South Asia","authors":"Saumya Saxena, A. McClure","doi":"10.1017/S0738248023000093","DOIUrl":"https://doi.org/10.1017/S0738248023000093","url":null,"abstract":"Abstract This special issue brings together scholars from multiple disciplines and with varied research and geographic expertise to study the historical role played by the law in governing the political, social, and cultural life of twentieth-century South Asia. These articles have not emerged in a vacuum, but rather build on an exciting turn in South Asian history that is placing new focus on the legal and constitutional work that accompanied the post-colonial moment. This introduction examines some of the important historiographical and methodological interventions made by scholars working in this field, before outlining the specific themes connecting the articles in this issue.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"241 - 251"},"PeriodicalIF":0.8,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41653361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Courts and Constitutions in South Asia and the Global South: A View from the Middle East 南亚和全球南方的法院与宪法：中东视角
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-05-01 DOI: 10.1017/S073824802200058X
faiz ahmed
{"title":"Courts and Constitutions in South Asia and the Global South: A View from the Middle East","authors":"faiz ahmed","doi":"10.1017/S073824802200058X","DOIUrl":"https://doi.org/10.1017/S073824802200058X","url":null,"abstract":"Abstract Not long ago, the study of comparative law in U.S. law schools was dominated by North American and European constitutional systems. Thanks to the contributions of a new generation of legal historians, including those canvassed in this special issue, the landscape is changing. In this special issue, scholars of courts and constitutions in twentieth century Afghanistan, Bangladesh, Burma, India, and Nepal have come together to share novel sources, perspectives, and analyses of significant constitutional experiments in the Global South, specifically twentieth century South Asia. This afterword reflects on these important scholarly contributions by highlighting common threads and divergences in the case studies presented in this volume—from the perspective of a legal historian of the late Ottoman Empire and modern Middle East. Ultimately, the author concludes that the articles in this special issue persuasively stamp modern South Asian legal history “on the map” not only for specialists of this large and populous region, but for students and scholars of comparative constitutionalism and global legal history more broadly.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"405 - 415"},"PeriodicalIF":0.8,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41789236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
LHR volume 41 issue 2 Cover and Back matter LHR第41卷第2期封面和封底
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-05-01 DOI: 10.1017/s0738248023000342
{"title":"LHR volume 41 issue 2 Cover and Back matter","authors":"","doi":"10.1017/s0738248023000342","DOIUrl":"https://doi.org/10.1017/s0738248023000342","url":null,"abstract":"","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"b1 - b2"},"PeriodicalIF":0.8,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42807547","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Mergers and Legal Fictions: Coverture and Intermarried Women in India 合并与法律虚构:印度的婚姻与异族妇女
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-04-18 DOI: 10.1017/S0738248023000068
Leilah Vevaina
{"title":"Mergers and Legal Fictions: Coverture and Intermarried Women in India","authors":"Leilah Vevaina","doi":"10.1017/S0738248023000068","DOIUrl":"https://doi.org/10.1017/S0738248023000068","url":null,"abstract":"Abstract Within India's system of plural personal laws, the rights of women in matters of marriage, divorce, and inheritance are solely based on their natal communal identity. While we see many examples of women appealing to courts to secure or improve their rights vis-à-vis personal laws, marriage outside the community has often occluded these rights completely. Marital property, inheritance, and even access to sacred space are in a gray zone of differentiated rights between natal and marital community customs. One intermarried woman, Goolrukh Gupta, sued the trust that managed the town's sacred space in the High Court to confirm her rights to enter sacred space. The Court ruled that she was removed from her natal community even though she had married under the Special Marriage Act of 1954, as she had “merged personality with her husband.” While British women's property was held under coverture through the nineteenth century, these laws were never transferred over to the Indian colony. Through the legal appeals of intermarried women, this article explores the shifting and unstable rights of intermarried women in India.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"387 - 404"},"PeriodicalIF":0.8,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42803521","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Oceanic Mobility and the Empire of the Pass System 海洋流动与通行证帝国制度
IF 0.8 3区 社会学
Law and History Review Pub Date : 2023-03-30 DOI: 10.1017/S0738248022000542
B. Raman
{"title":"Oceanic Mobility and the Empire of the Pass System","authors":"B. Raman","doi":"10.1017/S0738248022000542","DOIUrl":"https://doi.org/10.1017/S0738248022000542","url":null,"abstract":"Abstract From the age of empires to the apartheid regime in South Africa, pass laws have defined the scope of the mobility of subjects by relying on a paper document, the pass. This essay focusses on the pass document to understand the governance of mobility in the Indian ocean. In doing so, it shows how the pass document in its various forms through many centuries in fact, illuminates a form of inter-legal governance through which racialized life came to be constituted via convention and statute.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"565 - 585"},"PeriodicalIF":0.8,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49292166","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
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