04 May 2020

BOOK: Edward CAVANAGH (Ed.), Empire and Legal Thought. Ideas and Institutions from Antiquity to Modernity, (Leiden/Boston: Brill/Nijhoff, 2020). ISBN: 9789004430983, € 170.00

(Source: Brill)


Series: Legal History Library, Studies in the History of International Law, Volume: 41/16

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, Matt 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.


Notes on Contributors
1. Empire and Legal Thought: An Introduction - Edward Cavanagh
2. The First ‘Lawyers’? Judicial Offices, Administration and Legal Pluralism in Ancient Egypt, ca. 2500–1800 BCE - Alexandre A. Loktionov
3. After the Empire: Judicial Review and Athenian Interstate Relations in the Age of Demosthenes, 354–22 BCE - Alberto Esu
4. Public Law and Republican Empire in Rome, 200–27 BCE - Clifford Ando
5. Compromise and Coercion: Imperial Motives Behind Justinianic Legislation in Sixth-century Constantinople - Halcyon Weber
6. Muslims and Non-orthodox Christians in Byzantine Law until ca. 1100 - Zachary Chitwood 7. Roman Public Law in the Twelfth Century: Politics, Jurisprudence, and Reverence for Antiquity - Emanuele Conte
8. Ius gentium: The Metamorphoses of a Legal Concept (Ancient Rome to Early Modern Europe) - Dante Fedele
9. ‘Exiit edictum a Caesare Augusto ut describeretur universus orbis’ (Luke 2:1–2): Debating Imperial Authority in Late Medieval Legal and Political Thought (12th–14th Centuries) - Tiziana Faitini
10. Ideas of Empire in the Thought of the Late Medieval Roman Law Jurists - Joseph Canning
11. Medieval Pisa as a Colonial Laboratory in the Historiographical Imagination of the Early Twentieth Century - Lorenzo Veracini
12. Open and Closed Seas: The Grotius-Selden Dialogue at the Heart of Liberal Imperialism - Mark Somos
13. Littoral Leviathan: Histories of Oceans, Laws, and Empires - Matthew Crow
14. From Procedural Law to the ‘Rights of Humanity’: Habeas corpus, Ex parte Somerset (1771–72), and the Movement toward Collective Representation in Early British Antislavery Cases - Sarah Winter
15. Prerogative and Office in Pre-revolutionary New York: Feudal Legalism, Land Patenting, and Sir William Johnson, Indian Superintendent (1756-1774) - P.G. McHugh
16. The Pure Reason of Lex Scripta: Jurisprudential Philology and the Domain of Instituted Laws during Early British Colonial Rule in India (1770s–1820s) - Naveen Kanalu
17. James Bryce’s Home Rule Constitutionalism and Victorian Historiography - Jordan Rudinsky
18. Crown, Conquest, Concession, and Corporation: British Legal Ideas and Institutions in Matabeleland and Southern Rhodesia, 1889–1919 - Edward Cavanagh
19. British War Office Manuals and International Law, 1899–1907 - Lia Brazil
20. Reich, Imperium, Empire: Carl Schmitt and the ‘Overcoming of the Concept of the State’ - Joshua Smeltzer

More information with the publisher.

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