The study of the Roman Empire has changed dramatically in the last century, with significant emphasis now placed on understanding the experiences of subject populations, rather than a sole focus on the Roman imperial elites. Local experiences, and interactions between periphery and centre, are an intrinsic component in our understanding of the empire's function over and against the earlier, top-down model. But where does law fit into this new, decentralized picture of empire? This volume brings together internationally renowned scholars from both legal and historical backgrounds to study the operation of law in each region of the Roman Empire, from Britain to Egypt, from the first century BCE to the end of the third century CE. Regional specificities are explored in detail alongside the emergence of common themes and activities in a series of case studies that together reveal a new and wide-ranging picture of law in the Roman Empire, balancing the practicalities of regional variation with the ideological constructs of law and empire.
This work deals with the law and legal theory in classical and medieval Islam. Among the topics covered are: non-analogical arguments in Sunni juridical Qiyas; logic and formal arguments in Sunni jurisprudence; inductive corroboration; and al-Shafi'i and his influence on Islamic jurisprudence.
"As he illuminates the relationship between the imperial government and the empire's provinces, Ando deepens our understanding of one of the most striking phenomena in the history of government."--BOOK JACKET.
A direct counterpoint to fear mongering headlines about shariah law—a Muslim American legal expert tells the real story, eliminating stereotypes and assumptions with compassion, irony, and humor Through scare tactics and deliberate misinformation campaigns, anti-Muslim propagandists insist wrongly that shariah is a draconian and oppressive Islamic law that all Muslims must abide by. They circulate horror stories, encouraging Americans to fear the “takeover of shariah” law in America and even mounting “anti-shariah protests” . . . . with zero evidence that shariah has taken over any part of our country. (That’s because it hasn’t.) It would be almost funny if it weren’t so terrifyingly wrong—as puzzling as if Americans suddenly began protesting the Martian occupation of Earth. Demystifying Shariah explains that shariah is not one set of punitive rules or even law the way we think of law—rigid and enforceable—but religious rules and recommendations that provide Muslims with guidance in various aspects of life. Sumbul Ali-Karamali draws on scholarship and her degree in Islamic law to explain shariah in an accessible, engaging narrative style—its various meanings, how it developed, and how the shariah-based legal system operated for over a thousand years. She explains what shariah means not only in the abstract but in the daily lives of Muslims. She discusses modern calls for shariah, what they mean, and whether shariah is the law of the land anywhere in the world. She also describes the key lies and misunderstandings about shariah circulating in our public discourse, and why so many of them are nonsensical. This engaging guide is intended to introduce you to the basic principles, goals, and general development of shariah and to answer questions like: How do Muslims engage with shariah? What does shariah have to do with our Constitution? What does shariah have to do with the way the world looks like today? And why do we all—Muslims or not—need to care?
The Roman empire set law at the center of its very identity. A complex and robust ideology of law and justice is evident not only in the dynamics of imperial administration, but a host of cultural arenas. Citizenship named the privilege of falling under Roman jurisdiction, legal expertise was cultural capital. A faith in the emperor’s intimate concern for justice was a key component of the voluntary connection binding Romans and provincials to the state. Even as law was a central mechanism for control and the administration of state violence, it also exerted a magnetic effect on the peoples under its control. Adopting a range of approaches, the essays explore the impact of Roman law, both in the tribunal and in the culture. Unique to this anthology is attention to legal professionals and cultural intermediaries operating at the empire’s periphery. The studies here allow one to see how law operated among a range of populations and provincials—from Gauls and Brittons to Egyptians and Jews—exploring the ways local peoples creatively navigated, and constructed, their legal realities between Roman and local mores. They draw our attention to the space between laws and legal ideas, between ethnic, especially Jewish, life and law and the structures of Roman might; cases in which shared concepts result in diverse ends; the pageantry of the legal tribunal, the imperatives and corruptions of power differentials; and the importance of reading the gaps between depiction of law and its actual workings. This volume is unusual in bringing Jewish, and especially rabbinic, sources and perspectives together with Roman, Greek or Christian ones. This is the result of its being part of the research program “Judaism and Rome” (ERC Grant Agreement no. 614 424), dedicated to the study of the impact of the Roman empire upon ancient Judaism.
A study of Islamic law and political power in the Ottoman Empires richest provincial cityWhat did Islamic law mean in the early modern period, a world of great Muslim empires? Often portrayed as the quintessential jurists law, to a large extent it was developed by scholars outside the purview of the state. However, for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch, and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of these two conceptions of Islamic law religious scholarship and royal justice undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shariaa and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire.Key featuresOffers a new interpretation of the relationship between Islamic law and political powerPresents law as the key nexus connecting Egypt with the imperial capital Istanbul during the period of Ottoman decentralizationStudies judicial institutions such as the governors Diwan and the imperial council that have received little attention in previous scholarshipIntegrates the study of legal records with an analysis of how legal practice was represented in contemporary chroniclesProvides transcriptions and translations of a range of Ottoman legal documents
The fourteen studies included in this volume have been chosen to serve several purposes simultaneously. At a basic level, they aim to provide a general - if not wholly systematic - coverage of the emergence and evolution of law during the first three and a half centuries of Islam. On another level, they reflect the different and, at times, widely divergent scholarly approaches to this subject matter. These two levels combined will offer a useful account of the rise of Islamic law not only for students in this field but also for Islamicists who are not specialists in matters of law, comparative legal historians, and others. At the same time, however, and as the Introduction to the work argues, this collection of distinguished contributions illustrates both the achievements and the shortcomings of paradigmatic scholarship on the formative period of Islamic law.
Eminent historian Patricia Crone defines the common features of a wide range of pre-industrial societies, from locations as seemingly disparate as the Mongol Empire and pre-Columbian America, to cultures as diverse as the Ming Dynasty and seventeenth-century France. In a lucid exploration of the characteristics shared by these societies, the author examines such key elements as economic organization, politics, culture, and the role of religion. An essential introductory text for all students of history, Pre-Industrial Societies provides readers with all the necessary tools for gaining a substantial understanding of life in pre-modern times. In addition, as a perceptive insight into a lost world, italso acts as a starting point for anyone interested in the present possibilities and future challenges faced by our own global society.