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Empire and Legal Thought
Ideas and Institutions from Antiquity to Modernity
Series: - Legal History Library, Volume: 41/16
- Studies in the History of International Law, Volume: 41/16
Editor:
Emphatic of the importance of legal thought to the rise and fall of empires, this book highlights the centrality of empires to the development of legal thought.
Comprehension of the development of legal thought over time is necessary for any historical, philosophical, practical, or theoretical enquiry into the subject today, it is argued here. When seen against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes, law begins to appear very resilient. It withstands the rise and fall of empires. It provides the framework for the establishment of new orders in the place of the old.
Today what analogies, principles, and authorities of law have survived these changes continue to inform much of the international legal tradition.
Contributors are: Clifford Ando, Lia Brazil, Joseph Canning, Edward Cavanagh, Zachary Chitwood, Emanuele Conte, Matthew Crow, Alberto Esu, Tiziana Faitini, Dante Fedele, Naveen Kanalu, Alexandre A. Loktionov, P. G. McHugh, Jordan Rudinsky, Mark Somos, Joshua Smeltzer, Lorenzo Veracini, Halcyon Weber, and Sarah Winter.
Comprehension of the development of legal thought over time is necessary for any historical, philosophical, practical, or theoretical enquiry into the subject today, it is argued here. When seen against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes, law begins to appear very resilient. It withstands the rise and fall of empires. It provides the framework for the establishment of new orders in the place of the old.
Today what analogies, principles, and authorities of law have survived these changes continue to inform much of the international legal tradition.
Contributors are: Clifford Ando, Lia Brazil, Joseph Canning, Edward Cavanagh, Zachary Chitwood, Emanuele Conte, Matthew Crow, Alberto Esu, Tiziana Faitini, Dante Fedele, Naveen Kanalu, Alexandre A. Loktionov, P. G. McHugh, Jordan Rudinsky, Mark Somos, Joshua Smeltzer, Lorenzo Veracini, Halcyon Weber, and Sarah Winter.
Edward Cavanagh was a Fellow (2016-2019) of Downing College, after attaining his PhD from the University of Ottawa (2012-2015). His scholarly interests lie at the crossroads of law and history.
âPreface
âNotes on Contributors
â1Empire and Legal Thought: An Introduction
âEdward Cavanagh
â2The First âLawyersâ? Judicial Offices, Administration and Legal Pluralism in Ancient Egypt, ca. 2500â1800BCE
âAlexandre A. Loktionov
â3After the Empire: Judicial Review and Athenian Interstate Relations in the Age of Demosthenes, 354â22BCE
âAlberto Esu
â4Public Law and Republican Empire in Rome, 200â27BCE
âClifford Ando
â5Compromise and Coercion: Imperial Motives Behind Justinianic Legislation in Sixth-century Constantinople
âHalcyon Weber
â6Muslims and Non-orthodox Christians in Byzantine Law until ca. 1100
âZachary Chitwood
â7Roman Public Law in the Twelfth Century: Politics, Jurisprudence, and Reverence for Antiquity
âEmanuele Conte
â8Ius gentium: The Metamorphoses of a Legal Concept (Ancient Rome to Early Modern Europe)
âDante Fedele
â9âExiit edictum a Caesare Augusto ut describeretur universus orbisâ (Luke 2:1â2): Debating Imperial Authority in Late Medieval Legal and Political Thought (12thâ14th Centuries)
âTiziana Faitini
â10Ideas of Empire in the Thought of the Late Medieval Roman Law Jurists
âJoseph Canning
â11Medieval Pisa as a Colonial Laboratory in the Historiographical Imagination of the Early Twentieth Century
âLorenzo Veracini
â12Open and Closed Seas: The Grotius-Selden Dialogue at the Heart of Liberal Imperialism
âMark Somos
â13Littoral Leviathan: Histories of Oceans, Laws, and Empires
âMatthew Crow
â14From Procedural Law to the âRights of Humanityâ: Habeas corpus,Ex parte Somerset (1771â72), and the Movement toward Collective Representation in Early British Antislavery Cases
âSarah Winter
â15Prerogative and Office in Pre-revolutionary New York: Feudal Legalism, Land Patenting, and Sir William Johnson, Indian Superintendent (1756-1774)
âP.G. McHugh
â16The Pure Reason of Lex Scripta: Jurisprudential Philology and the Domain of Instituted Laws during Early British Colonial Rule in India (1770sâ1820s)
âNaveen Kanalu
â17James Bryceâs Home Rule Constitutionalism and Victorian Historiography
âJordan Rudinsky
â18Crown, Conquest, Concession, and Corporation: British Legal Ideas and Institutions in Matabeleland and Southern Rhodesia, 1889â1919
âEdward Cavanagh
â19British War Office Manuals and International Law, 1899â1907
âLia Brazil
â20Reich, Imperium, Empire: Carl Schmitt and the âOvercoming of the Concept of the Stateâ
âJoshua Smeltzer
âIndex
âNotes on Contributors
â1Empire and Legal Thought: An Introduction
âEdward Cavanagh
â2The First âLawyersâ? Judicial Offices, Administration and Legal Pluralism in Ancient Egypt, ca. 2500â1800BCE
âAlexandre A. Loktionov
â3After the Empire: Judicial Review and Athenian Interstate Relations in the Age of Demosthenes, 354â22BCE
âAlberto Esu
â4Public Law and Republican Empire in Rome, 200â27BCE
âClifford Ando
â5Compromise and Coercion: Imperial Motives Behind Justinianic Legislation in Sixth-century Constantinople
âHalcyon Weber
â6Muslims and Non-orthodox Christians in Byzantine Law until ca. 1100
âZachary Chitwood
â7Roman Public Law in the Twelfth Century: Politics, Jurisprudence, and Reverence for Antiquity
âEmanuele Conte
â8Ius gentium: The Metamorphoses of a Legal Concept (Ancient Rome to Early Modern Europe)
âDante Fedele
â9âExiit edictum a Caesare Augusto ut describeretur universus orbisâ (Luke 2:1â2): Debating Imperial Authority in Late Medieval Legal and Political Thought (12thâ14th Centuries)
âTiziana Faitini
â10Ideas of Empire in the Thought of the Late Medieval Roman Law Jurists
âJoseph Canning
â11Medieval Pisa as a Colonial Laboratory in the Historiographical Imagination of the Early Twentieth Century
âLorenzo Veracini
â12Open and Closed Seas: The Grotius-Selden Dialogue at the Heart of Liberal Imperialism
âMark Somos
â13Littoral Leviathan: Histories of Oceans, Laws, and Empires
âMatthew Crow
â14From Procedural Law to the âRights of Humanityâ: Habeas corpus,Ex parte Somerset (1771â72), and the Movement toward Collective Representation in Early British Antislavery Cases
âSarah Winter
â15Prerogative and Office in Pre-revolutionary New York: Feudal Legalism, Land Patenting, and Sir William Johnson, Indian Superintendent (1756-1774)
âP.G. McHugh
â16The Pure Reason of Lex Scripta: Jurisprudential Philology and the Domain of Instituted Laws during Early British Colonial Rule in India (1770sâ1820s)
âNaveen Kanalu
â17James Bryceâs Home Rule Constitutionalism and Victorian Historiography
âJordan Rudinsky
â18Crown, Conquest, Concession, and Corporation: British Legal Ideas and Institutions in Matabeleland and Southern Rhodesia, 1889â1919
âEdward Cavanagh
â19British War Office Manuals and International Law, 1899â1907
âLia Brazil
â20Reich, Imperium, Empire: Carl Schmitt and the âOvercoming of the Concept of the Stateâ
âJoshua Smeltzer
âIndex
This book has been designed consciously to appeal to legal scholars as well as historians.