Search Results for legal history

...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...

...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...

...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...

... 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...

... 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...

... 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...

...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...

... 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...

...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...

... history, see Sharman, Empires of the Weak . 23. For the debate over the history of lex mercatoria and its origins in Europe, see Kadens, “Myth of the Customary Law Merchant” ; see also Michaels, “Legal Medievalism in Lex Mercatoria Scholarship,” 259 . 24. Kadens, “Myth of the Customary...

... 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...

... 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...

... 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. Copyright © 2018 Duke University Press 2018 legal history...

... . 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...

... 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...

.... 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...

...-legal, and economic transformations over the past century in South Asia are a seaborne phenomenon, among others. This backdrop often remains suppressed when sketching its contemporary history. That the reshaping of the coasts and the Sagarmala ports are emerging as central infrastructures...

... 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...

... 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...

... on what one might call the “political economy of legal practices,” which reflected contingent and regionally diverse class, power, and property relations” (294). I would like to return at this point to Doumani's claim that his study is not a legal history, presumably meaning that he is less interested...