Table Of ContentLaw and Empire
Rulers & Elites
Comparative Studies in Governance
Series Editor
Jeroen Duindam
Leiden University
Editorial Board
Maaike van Berkel, University of Amsterdam
Sabine Dabringhaus, Freiburg University
Yingcong Dai, William Paterson University, NJ
Jean-Pascal Daloz, Maison française, Oxford
Jos Gommans, Leiden University
Dariusz Kołodziejczyk, Warsaw University
Metin Kunt, Sabanci University
VOLUME 3
The titles published in this series are listed at brill.com/rule
Law and Empire
Ideas, Practices, Actors
Edited by
Jeroen Duindam, Jill Harries,
Caroline Humfress, and Nimrod Hurvitz
LEIDEN • BOStON
2013
Cover illustration: F.3r the King Administering Justice, from ‘Justiniani in Fortiatum’ (vellum),
French School, (14th century) / Biblioteca Monasterio del Escorial, Madrid, Spain / the Bridgeman
Art Library XIR 159140.
Library of Congress Cataloging-in-Publication Data
Law and empire: ideas, practices, actors / edited by Jeroen Duindam, Jill Harries, Caroline
Humfress, and Nimrod Hurvitz.
pages cm. — (Rulers & elites; volume 3)
“this volume brings together a selection of papers presented at a conference held at the History
Institute of Utrecht University in November 2008” — Acknowledgements.
Includes bibliographical references and index.
ISBN 978-90-04-24529-7 (hardback : alk. paper) — ISBN 978-90-04-24951-6 (e-book)
1. Law—History—Congresses. 2. Law, Ancient—Congresses. 3. Law, Medieval—Congresses.
4. Imperialism—Congresses. I. Duindam, Jeroen Frans Jozef, 1962– editor of compilation.
II. Harries, Jill, editor of compilation. III. Humfress, Caroline, editor of compilation. IV. Hurvitz,
Nimrod, 1958– editor of compilation.
K555.L389 2013
349’.112—dc23
2013021985
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ISSN 2211-4610
ISBN 978-90-04-24529-7 (hardback)
ISBN 978-90-04-24951-6 (e-book)
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CONtENtS
Notes on Editors and Contributors ........................................................... vii
Acknowledgements ........................................................................................ xi
Introduction ..................................................................................................... 1
Jeroen Duindam, Jill Harries, Caroline Humfress,
and Nimrod Hurvitz
PARt ONE
LEGAL AUtHORItY AND IMPERIAL FRAMEWORKS
Law, Authority and Legitimacy in the Athenian Empire ................... 25
Polly Low
Roman Law from City State to World Empire ...................................... 45
Jill Harries
Laws, Bureaucrats, and Imperial Women in China’s
Early Empires .............................................................................................. 63
Karen Gottschang Turner
the Ruler and Law Making in the Ottoman Empire ........................... 87
Engin Deniz Akarlı
the Early Modern Holy Roman Empire of the German Nation
(1495–1806): A Multi-Layered Legal System ...................................... 111
Karl Härter
PARt tWO
INStItUtIONALISING EMPIRE: PRACtICES OF LAWMAKING
AND ADJUDICAtION
the Contribution of Early Islamic Rulers to Adjudication and
Legislation: the Case of the Mazalim tribunals .............................. 135
Nimrod Hurvitz
vi contents
Charlemagne and the Government of the Frankish Countryside ... 157
Carine van Rhijn
the Law Factor in Ottoman-Crimean tatar Relations in the
Early Modern Period ................................................................................. 177
Natalia Królikowska
Qing Imperial Justice? the Case of Li Shiyao ........................................ 197
R. Kent Guy
PARt tHREE
LEGAL PLURALISM IN EMPIRES: ENCOUNtERS AND RESPONSES
thinking through Legal Pluralism: ‘Forum shopping’ in the
Later Roman Empire ................................................................................. 225
Caroline Humfress
Leges Nationum and Ethnic Personality of Law in Charlemagne’s
Empire ........................................................................................................... 251
Peter Hoppenbrouwers
Non-Muslims and Ottoman Justice(s?) .................................................... 275
Antonis Anastasopoulos
Royal Grace, Royal Punishment: Ceremonial Entries and the
Pardoning of Criminals in France, c. 1440–1560 ............................... 293
Neil Murphy
Divine Violence to Uphold Moral Values: the Casebook of an
Emperor Guan temple in Hunan Province in 1851–1852 .............. 313
Barend J. ter Haar
Index ................................................................................................................... 339
NOtES ON EDItORS AND CONtRIBUtORS
The Editors
Jeroen Duindam, professor of early modern European history at the Uni-
versity of Leiden, focuses on the comparative study of courts and dynas-
ties in Europe and Asia. He is the author of Vienna and Versailles. The
Courts of Europe’s Dynastic Rivals (Cambridge, 2003; Italian and Spanish
translations) and Myths of Power. Norbert Elias and the Early Modern Euro-
pean Court (Amsterdam, 1995) and co-edited a volume on Royal Courts in
Dynastic States and Empires: a Global Perspective (Leiden, Boston 2011).
Jill Harries is Professor of Ancient History at the University of
St Andrews, Scotland. She is the author of books on Law and Empire in
Late Antiquity (Cambridge, 1999), Cicero and the Jurists (London, 2006),
Law and Crime in the Roman World (Cambridge, 2007) and Imperial Rome
AD 284–363. The New Empire (Edinburgh, 2012), and articles on late antiq-
uity and Roman legal culture.
Caroline Humfress is Reader in History in the Department of History,
Classics, and Archaeology at Birkbeck College, University of London. She
is the author of Orthodoxy and the Courts in Late Antiquity (Oxford, 2007),
as well as various essays and articles on legal history and religion. She is
currently co-editor (with David Ibbetson and Patrick Olivelle) of the Cam-
bridge Comparative History of Ancient Law (Cambridge, forthcoming).
Nimrod Hurvitz teaches at Ben Gurion University, Department of Middle
East Studies. His main areas of interest are the interaction between law,
society and the state. He has published several studies about the social
dimension of Islamic schools of law, such as “From Scholarly Circles to
Mass Movements: the Formation of Legal Communities in Islamic Soci-
eties,” The American Historical Review, and public law “Competing texts,
the Relationship Between al-Mawardi’s and Abu Yaʿla’s Al-Ahkam al-
Sultaniyya,” Islamic Legal Studies Program, Harvard Law School.
viii notes on editors and contributors
The Contributors
Antonis Anastasopoulos is Assistant Professor of Ottoman History at
the Department of History and Archaeology of the University of Crete,
and a research fellow of the Institute for Mediterranean Studies/FORtH.
His research interests include Ottoman institutions, Ottoman provincial
society and centre-periphery relations, and Ottoman tombstones. He has
edited or co-edited five volumes, among which Political initiatives ‘from
the bottom up’ in the Ottoman Empire (Rethymno, 2012).
Engin Deniz Akarlı, Professor of History at Istanbul Şehir University
and Joukowsky Family Professor Emeritus of History at Brown University,
received his PhD (1976) from Princeton University. He taught at Princeton,
Boğaziçi and Yarmouk (Jordan) Universities and Washington University in
St. Louis. He received fellowships from Wissenschaftskolleg zu Berlin,
Institute for Advanced Study, Islamic Legal Studies Program at Harvard,
and Fulbright. His publications include The Long Peace: Ottoman Lebanon,
1861–1920 (London, 1993); Political Participation in Turkey (Istanbul, 1974),
and articles on nineteenth-century Ottoman history and Ottoman legal
history. He serves on the Board of Advisors of Islamic Law and Society and
Journal of Turkish Legal History.
R. Kent Guy is Professor of History and East Asian Studies at the Univer-
sity of Washington, where he has served as chair of the Chinese Studies
Program, and Chair of the History Department. He holds a BA degree in
History from Yale, and an MA in Regional Studies-East Asia, with a PhD in
History and East Asian Languages from Harvard. He is the author of two
books on the history of the Qing Dynasty (1644–1911), The Emperor’s Four
Treasuries: Scholars and the State in Late Imperial China (Cambridge, 1987),
and Qing Governors and their Provinces (Seattle, 2010), and is editor of a
volume of essays entitled Limits of the Rule of Law in China (Seattle, 2000).
He has taught at the Chinese University of Hong Kong, held research fel-
lowships in Kyoto, Beijing and taipei, and lectured at Renmin (Peoples’)
University in China, Academica Sinica in taipei and the National Univer-
sity of Singapore, among other places. He has also organized and led many
groups, including undergraduate groups, in tours of China, and has won
several awards at the University of Washington for undergraduate teaching.
Barend J. ter Haar is the Run Run Shaw Professor of Chinese at Oxford
University. He studied in Leiden, Shenyang (China) and Fukuoka (Japan)
notes on editors and contributors ix
and worked at the Universities of Leiden and Heidelberg. He has pub-
lished widely on the labelling and persecution of new religions in China,
the ritual and mythology of triads, oral traditions, minorities, violence and
other topics. In 2009 he completed a survey history of China in Dutch. He
recently completed a book entitled The History of a Reading Experience:
a lay-Buddhist Chan-movement in late imperial China and is presently com-
pleting a book-length study of the cult for the Chinese deity Guan Yu.
Karl Härter is research group leader at the Max-Planck-Institute for
European Legal History, Frankfurt/M. He also teaches Early Modern and
Modern History at the University of Darmstadt and is also a member of
the teaching faculty of the International Max Planck Research School
on Retaliation, Mediation and Punishment. His major research interests
concern the constitutional and legal history of the Holy Roman Empire
of the German Nation and the history of police, criminal justice, penal
law and crime, notably the history of political crime and the formation
of transnational criminal law regimes. He has published monographs on
the Imperial Diet in the age of the French revolution and on police, crime
and criminal justice in the electorate of Mainz, as well as several edited
volumes (Repräsentationen von Kriminalität und öffentlicher Sicherheit
(Frankfurt am Main, 2010); Grazia e giustizia (Il Mulino, Bologna, 2011);
Vom Majestätsverbrechen zum Terrorismus (Frankfurt am Main, 2012)).
Peter Hoppenbrouwers read History and Italian at Leiden University
(the Netherlands). He was Head of the Dutch Institute for Agronomical
History (NAHI) at Groningen University (1984–1994), Senior Lecturer in
Medieval History at Leiden University (1994–2000), and Professor of Medi-
eval History at the University of Amsterdam (2001–2007). Since 2008 he
holds the Chair of Medieval History at Leiden University. He has pub-
lished extensively on the rural history of the medieval Low Countries. He
is the co-author, with Wim Blockmans, of Introduction to Medieval Europe,
300–1550 (London, New York, 2007).
Natalia Królikowska is Assistant Professor at the University of Warsaw.
Her research focuses on the Crimean, Ottoman and Caucasian history in
the Early Modern Period. Her publications include ‘Muslim Women in
the Local Social Life of the Ottoman Empire in the 16th–18th century’,
Acta Poloniae Historica 96 (2006) and ‘Crimean Crime Stories. Cases of
Homicide and Bodily Harm during the Reign of Murad Giray (1678–1683)’
x notes on editors and contributors
published in the volume The Crimean Khanate between East and West
(15th–18th Century), edited by Denise Klein (Wiesbaden, 2012).
Polly Low is Senior Lecturer in Ancient History at the University of
Manchester, and has particular interests in the interstate politics of the
Classical Greek world. She is the author of Interstate Relations in Classical
Greece: Morality and Power (Cambridge, 2007) and editor of The Athenian
Empire (Edinburgh, 2007).
Neil Murphy is lecturer in early modern history at the University of
Northumbria, and has published articles on a range of topics in the history
of fifteenth- and sixteenth-century France. He completed a PhD at the
University of Glasgow in 2009 on ceremonial entries in France (c.1350–
c.1570), which he is currently transforming into a book.
Carine van Rhijn is lecturer of medieval history at Utrecht University.
She studied medieval history at Utrecht University and King’s College
London. Her research is in the field of early medieval European history,
and focusses on cultural, intellectual and religious aspects of the Carolin-
gian world.
Karen Gottschang turner is Professor of History and Distinguished
Professor of the Humanities at the College of the Holy Cross and a Senior
Research Fellow in the East Asian Legal Studies Program at Harvard Law
School. Her work focuses on law in early China and comparative legal
history. She is completing a book, Love and Law in China’s Early Empires,
that explores how tensions between the demands of the state and duties
to kin play out in law in the Qin and Han periods. For the last decade,
she has worked on projects involving women and war in Vietnam and
has published several articles and a book and directed a film on Northern
Vietnamese women soldiers.
