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legal history

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Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2019) 39 (2): 349–353.
Published: 01 August 2019
...Julia Stephens Abstract This Kitabkhana contribution situates Beshara Doumani's Family Life in the Ottoman Mediterranean: A Social History within recent trends in the field of legal history. Doumani's hybrid method, which combines quantitative analysis with qualitative case studies, presents...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2018) 38 (3): 367–374.
Published: 01 December 2018
...Alastair McClure; Saumya Saxena This introduction offers a critical survey of existing literature on law in modern India and presents an overview of the four essays in the special section, which illustrates new directions in the field of Indian legal history. Copyright © 2018 Duke University...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2021) 41 (2): 253–257.
Published: 01 August 2021
...Nurfadzilah Yahaya Abstract Located at the intersection of four regions, the Middle East, East Asia, Central Asia, and South Asia, Afghanistan is a country whose legal history is sure to be diverse and exciting at the confluence of multiple legal currents. In the book Afghanistan Rising: Islamic...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2020) 40 (2): 225–229.
Published: 01 August 2020
... on historical and contemporary examples, of how colonial legal histories might be “written back” into this history. Collectively, these essays attempt to show how race thinking and exception each operate as the other's alibi: exception instantiating and substantiating race difference, and race difference...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2021) 41 (2): 237–243.
Published: 01 August 2021
... history, legal history, and global history. Afghanistan Rising: Islamic Law and Statecraft between the Ottoman and British Empires . By Faiz Ahmed . Cambridge, MA : Harvard University Press , 2017 448 pp., $51.50 . Copyright © 2021 by Duke University Press 2021 global history...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2020) 40 (2): 237–242.
Published: 01 August 2020
... this path and its archival traces must be charted in this direction. In the first half of this essay, this question is directed through discussion of Giorgio Agamben's work on exception. The second half proposes colonial legal history, and more specifically the French-colonial period in Algeria, as terrain...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2021) 41 (2): 266–280.
Published: 01 August 2021
...Faiz Ahmed Abstract The author of Afghanistan Rising responds to our critical review essays by six scholars of diverse historical expertise, from the late Ottoman and Habsburg Empires to Southeast Asia, and Islamic legal history to the political economy of the British Raj and Indo-Afghan frontier...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2021) 41 (2): 257–261.
Published: 01 August 2021
... legal modernism are greater and extend beyond the history of a single state. Taking the above claim about Afghanistan seriously, and in response to Ahmed's Afghanistan Rising this essay offers a close reading of the exchange between Kabul and Delhi to interrogate ideas about Islamic legal reform...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2018) 38 (3): 375–384.
Published: 01 December 2018
...Upendra Baxi This conversation is largely about the ways of doing and writing histories: whether legal/juridical or social histories of law. The difference between the two genres is briefly explored in Baxi’s essay, but obviously more collaborative work is needed. As concerns histories of human...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2020) 40 (2): 277–290.
Published: 01 August 2020
... relevance of lex mercatoria are contested: It has been invoked to describe a legal notion in medieval European history by which—it is claimed—merchants established “their own private ‘law’ to facilitate commerce that applied beyond borders and influenced the public sphere through the formation of state...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2018) 38 (3): 385–401.
Published: 01 December 2018
... 2018 sovereignty pardon legal history crime violence colonialism References Agamben Giorgio . State of Exception . Translated by Attel Kevin . Chicago : University of Chicago Press , 2003 . Anagol Padma . “ The Emergence of the Female Criminal in India...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2014) 34 (2): 314–335.
Published: 01 August 2014
... of Kerala.34 This was to become the most influen- By June 1975, when Emergency was declared tial constitutional case in Indian history. The legal by Mrs. Gandhi, the negative political discourse challenge was to the constitutionality of the far-­ about the court as an impediment to socialism...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2020) 40 (3): 468–473.
Published: 01 December 2020
... exceptions as the norm in Ottoman history. Drawing on our work on international law, autonomy, pilgrimage, and migration, we consider how two “exceptional” provinces—Egypt and the Hijaz—serve as productive sites to examine how Ottomans engaged with the international legal order and posed alternative visions...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2014) 34 (1): 106–125.
Published: 01 May 2014
... . Chicago : University of Chicago Press , 1999 . Meister Robert . After Evil: A Politics of Human Rights . New York : Columbia University Press , 2010 . Parker Kunal . Common Law, History, and Democracy in America, 1790-1900: Legal Thought before Modernism . New York : Cambridge...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2015) 35 (3): 392–407.
Published: 01 December 2015
... of vernacular speculative activities in a period of global financialization, demonstrating how market engagements with uncertainty that were previously criminalized were slowly folded into legality and governance. It illuminates a range of informal, localized practices participating in global financial flows...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2015) 35 (3): 505–507.
Published: 01 December 2015
.... These essays track the everyday languages and institutions of governance, policing, and morality by working carefully through diverse fields, including legal cases and reasoning, histories of education, dynamics of marriage, arts of linguistic transformation, politics of religious argument, legitimations...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2018) 38 (3): 402–422.
Published: 01 December 2018
... experimentation with older discourses on the panchayat in the context of drives for local governance sparked a more substantive set of reassessments that would transform discourses of law, state, and society in colonial and postcolonial India. legal history colonial Indian history Indian nationalism Indian...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2019) 39 (2): 353–357.
Published: 01 August 2019
... administration (4), local power dynamics (4), and political economy. Nonetheless, Doumani's book does not really engage with Islamic legal texts. While he takes the blame for not pursuing “the possibilities of socially embedded and theoretically sophisticated legal history” (xv–xvi), it would be a tremendous...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2019) 39 (2): 345–349.
Published: 01 August 2019
... that are at play in Doumani's study: the local, the regional, and the imperial; the specific times and places of legal transactions, the long time period of several centuries, the long temporal, even eternal, imagination found in the endowment deed, and the long history of the Islamic (specifically Hanafi...
Journal Article
Comparative Studies of South Asia, Africa and the Middle East (2019) 39 (2): 231–232.
Published: 01 August 2019
... contexts across the Mediterranean. Next, Julia Stephens's essay contextualizes the book by locating it within recent trends in legal history and evaluates the potential that Doumani's hybrid quantitative-qualitative analysis presents for future scholarship. Finally, Nada Moumtaz addresses Doumani's archive...