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Abandoning the Nationalist Framework: Comparative Legal History  

Kjell Å Modéer

Print publication date:
Jul 2018
Online publication date:
Aug 2018
This chapter is about the relations between the national legal system and the ‘other’—especially from the creation of the modern nation state in the early nineteenth century and up to ... More

Adjudication of Indigenous-Settler Relations  

Richard P. Boast

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter examines the connections between the field of legal history and the various ways in which claims against states by indigenous groups are adjudicated and resolved. It focuses ... More

Africa  

James Thuo Gathii

Print publication date:
Nov 2012
Online publication date:
Dec 2012
This chapter traces the two major trends in thinking about Africa’s engagement with international law from a historical perspective: ‘contributionists’ who emphasize Africa’s contributions ... More

Africa north of the sahara and arab countries  

Fatiha Sahli and Abdelmalek El Ouazzani

Print publication date:
Nov 2012
Online publication date:
Dec 2012
This chapter argues that the impact of Islam on the contribution of North Africa in the production of the norms of international law has been but relative. It must be associated with ... More

The Age of Codification and Legal Modernization in Private Law  

Jean-Louis Halpérin

Print publication date:
Jul 2018
Online publication date:
Aug 2018
The word ‘codification’ was invented and promoted by Jeremy Bentham. It is used by legal historians to grasp the movement that leads to the writing down of systematized codes, notably of ... More

The Age of Development and Continuity, 12th–15th Centuries CE  

Marion Katz

Print publication date:
Nov 2018
Online publication date:
Oct 2015
This article examines the historical development and social and intellectual functioning of Islamic law in the twelfth through fifteenth centuries. In particular, it considers the ... More

al-Qadi  

Mohammad Fadel

Print publication date:
Nov 2018
Online publication date:
Oct 2016
The paradigmatic public institution associated with the application of Islamic law from the rise of Islam until the end of the nineteenth century has been the qadi. This essay examines the ... More

Alberico Gentili (1552–1608)  

Merio Scattola

Print publication date:
Nov 2012
Online publication date:
Dec 2012
This chapter examines Alberico Gentili’s life and teaching; Gentili and the history of international law; and Gentili and the doctrine of war. In Oxford, Alberico Gentili wrote a large ... More

Ancient Greek Law  

Michael Gagarin

Print publication date:
Jul 2018
Online publication date:
Aug 2018
This chapter gives an overview of law in ancient Greece. After discussing the unity of Greek law and scholarship on Greek law, it reviews the evidence for law in Gortyn (in Crete), ... More

Anglo-Muhammadan Law  

Syed Adnan Hussain

Print publication date:
Nov 2018
Online publication date:
Sep 2017
This article examines the historical origins, sources, and subject-matter jurisdiction of Anglo–Muhammadan law, along with its influence on the trajectories of Islamic law. After providing ... More

Animals  

Kristen Stilt

Print publication date:
Nov 2018
Online publication date:
Sep 2017
This chapter examines the scholarship in the new and growing field of study of Islamic animal law. It starts by defining the field of animal law generally and then explaining what makes ... More

Anthropology and Islamic Law  

John R. Bowen

Print publication date:
Nov 2018
Online publication date:
Oct 2015
The anthropology of Islamic law is concerned centrally with observing and analyzing practices governed by explicit norms that are given Islamic justification, from commercial transactions ... More

Archival Legal History: Towards the Ocean as Archive  

Renisa Mawani

Print publication date:
Aug 2018
Online publication date:
Sep 2018
Archives and historical records are central to histories of law and legality. Themes and debates in legal history have been shaped, and in some cases even determined by the availability of ... More

The Beginnings of the English Common Law (To 1350)  

Paul Brand

Print publication date:
Jul 2018
Online publication date:
Aug 2018
In the last quarter of the twelfth century a new type of royal court was created in England with courts possessing nationwide jurisdiction, whose justices required specific authorization ... More

Bertha Von Suttner (1843–1914)  

Simone Peter

Print publication date:
Nov 2012
Online publication date:
Dec 2012
This chapter notes that the Austrian writer Bertha von Suttner was one of the leading figures of the late 19th-century peace movement. Her novel Die Waffen nieder! (Lay Down Your Arms!) ... More

The Birth of European Legal History  

Randall Lesaffer

Print publication date:
Jul 2018
Online publication date:
Aug 2018
The chapter explores the emergence of European legal history in the years after the Second World War through an analysis of Paul Koschaker’s seminal work, Europa und das römisches Recht. ... More

Blackstone  

John V. Orth

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter focuses on Sir William Blackstone (1723–1780), the author of the most important book in the history of the common law. The four-volume Commentaries on the Laws of England ... More

‘By The Light of The Moon’: Looking For China’s Rich Legal Tradition  

Tahirih V. Lee

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter begins with a brief overview of the foundations of the field of Chinese legal history. It then delves into questions of methodology and approach. Three such questions face the ... More

Byzantine Law: The Law of the New Rome  

Bernard Stolte

Print publication date:
Jul 2018
Online publication date:
Aug 2018
This chapter sets out to show that Byzantine law is part of a common European past. The Byzantines identified themselves as Romans, their law was Roman law, and their capital ... More

The Caribbean  

David S. Berry

Print publication date:
Nov 2012
Online publication date:
Dec 2012
This chapter highlights some of the key issues and themes of Caribbean legal and historical development from the time of first contact between Europeans and the indigenous peoples of the ... More

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