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Dante’s �Unpeopled World’

In Borchardt’s rendition Dante had been an heir to Pisa's courtly cosmopolitan language and tradition (even if the Florentine could never admit it). Dante may have inherited from Pisa ideas about empire too, and imagined the possi­bility of what would have become known as terra nullius lying to the west of Europe.[767] The idea of unappropriated land would shape colonial traditions to come, but this hypothetical geography was informed by the actual knowledge that everywhere outside of Europe belonged now to somebody from outside of Europe.

Pisa had recently lost an overseas empire and a war with Genoa[768] More importantly, the last Crusader states in Tripoli and Acre had fallen only recently, in 1289 and 1291 respectively[769] The Tatars had entered the geopolitical scene. Dante was looking at a postcolonial world.

Dante may have inherited from Pisa a colonial imagination as well as its Provencal-inflected language (and if he did not consider Pisa’s recent loss of empire, even though it was the closest to him, he did certainly consider the Templar’s loss of empire in the Levant and in Europe: we do not have reliable information as to whether he was initiated into their orders, but we know be­yond doubt that he took a very special interest in their politics, and that they, in turn, had been especially involved in managing overseas affairs)[770] In the Divina Commedia, Ulysses does not settle home after his return, and under­takes a final sea voyage. Together with a few faithful followers, he proceeds ever westward, seeking knowledge and an �unpeopled world’, the �mondo sanza gente,. Dante’s Ulysses did not consider returning; he and his men were �going to stay’ - they were not settling home because they planned to settle elsewhere. This is not too much of a stretch; after all, Virgil had also told an eminently imperial story about abandoning home, sailing westward, and establishing a new empire.[771] [772] [773] [774] Loss of empire somewhere, prompted dreams of empire else­where.

And Virgil was standing right there beside Dante as he was hearing Ul­ysses’ account!

Dante’s rendition of Ulysses’ last voyage, emphasises a search for knowl­edge: �Nor fondness for my son, nor reverence / For my old father, nor the due affection / Which joyous should have made Penelope’ could stop this search?1 Emotions could not stop him. Dante’s Ulysses has been typically seen as the epitome of humanity, but I’d like to suggest that he might also be seen as a prototypical coloniser - knowledge and colonialism, as Edward Said seminally demonstrated, would proceed jointly; they probably had proceeded jointly al­ready?2 Ulysses departs and heads towards the open sea. He is in a small boat and with a �small party’ ^compagnia picciola,'), sails westward, beyond Sardinia and other islands (what for him would become Pisa’s future colonial domain, but what for Dante was Pisa’s only recently lost or still held possessions), and beyond what would become Spain and Morocco?3 It is a northern route. Some­how, Dante’s Ulysses was sailing west as someone sailing from Pisa would (a Florentine would). Had he sailed from actual Ithaca, he would have taken a much more southern route and encountered Sicily, not Sardinia and not the Balearic Islands, which would have remained to his north.

Ulysses and his comrades were old when they arrived by the �narrow strait’, the �foce stretta'. To convince his comrades and proceed in an enterprise never attempted before, Ulysses utters the famous �little oration’ (�orazion picciola,). It is typically seen as an original assertion of a personal sovereign capacity, but since it is linked to the sovereign ability of displacing across water (and is therefore place-specific), it may be seen as an articulation of a colonial will as well:

O brothers, who amid a hundred thousand

Perils’, I said, �have come unto the West,

To this so inconsiderable vigil

Which is remaining of your senses still

Be unwilling to deny the knowledge, Following the sun, of the unpeopled world.

Consider the seed from which you sprang; You were not made to live like unto brutes, But for pursuit of virtue and of knowledge.[775] [776] [777]

Commentators generally interpret the reference to an �unpeopled world' as re­ferring to the distinction separating the world of the living from the world of the dead; the �unpeopled world' must be a world without living people. But there is another possible reading; after all, the world of the dead, this is the whole point of Dante's Commedla, is full with actual people who remember all and interact with visitors - individuals that could not be further from the Ho­meric shadows. The �unpeopled world' may be an actual location. Anthony Pagden suggests that Ulysses/Dante refers in his oration to the possibility of empty land outside of Europe, about the possible existence of some western land ready to be claimed and occupied?5 It is a most suggestive proposition.

The imagination of colonialism precedes its practice, and Pisa's empire pre­cedes Dante's Commedla. It is as if a lost empire in Africa and the Levant had resulted in the notion that another further away must be somehow possible, indeed necessary. There had to be a terra Australls Incognlta that would coun­terbalance the emerged lands of the northern hemisphere; there had to be a Christian Kingdom at the back of the Islamic world; there had to be terra nul­lius in the west as a counterpoint to terra alicuius (somebody's land) in the east.76 �Incognita' is key: associated with land, it turns Ulysses' thirst for �knowl­edge' (canoscenza) in an eminently appropriative stance. Another Outremer was needed after the loss of Acri. Dante's Ulysses was setting out to find it. Loss of empire somewhere prompted dreams of another across the water. Crucially, Dante's Ulysses' vision of empire is also seaborne.

If Dante could not ignore the Pisan storehouse of ideas about colonialism and its very geography, everyone else eventually did.

When Europeans found themselves thinking about colonies and empires they thought about Greeks and Romans, and when they thought about the Italian maritime republics as colonial precursors, they looked at Genoa and Venice and their commercial activities in the Levant, not Pisa or Sardinia.77 But we should not ignore Dante, or the notion of a mobile sovereignty that is essentially waterborne, or that all sovereignty in a sense is originally waterborne, as both Volpe and Borchardt had concluded. They were searching for an uncorrupted form of imperium and autonomy and found it in medieval Pisa. The ability to control water and sov­ereignty had been linked in the past and would remain so; the Leviathan of modern sovereignty dwells in watery abysses, and pontiffs claimed (and claim) universal dominion because, as their title confirms, they erect bridges span­ning bodies of water?8 Besides, the sea and the lands that lie across stretches of water would be significant sites of jurisprudential and legal innovation, and the early modern era moment of legal innovation explored by Matthew Crow in this volume and its links with colonial expansion across the ocean have a precursor in Pisa's activities across the Mediterranean?9 Pisa's experience of colonial �empire' overseas, its references to past empire (Pisa as a new Rome)?0 and support for ongoing imperial ventures, most importantly the claims of the German emperors over Italy in the thirteenth century, confirm that �empire' - practiced and claimed - is a crucial site for the exploration of the evolution of law in the longue duree.

77 See Duncan Bell, �From Ancient to Modern in Victorian Imperial Thought', The Historical Journal, 49, 3 (2006) 735-59; and Verlinden, Beginnings.

78 A compelling argument linking the ability of managing water and the consolidation of modern sovereignty is offered in David Blackbourn, The Conquest of Nature: Water, Land­scape, and the Making of Modern Germany (New York, W.W. Norton 2006). Borchardt's Prussia was, like most of Pisa's surrounds, reclaimed territory.

79 On the inseparability of �imperial or sovereign prerogative' and �democratic lawmaking', on �the ocean as a legal entity, a jurisdictional space and indeed a jurisdiction in its own right', see Matthew Crow, �Littoral Leviathan: Histories of Oceans, Laws, and Empires', this volume.

80 On the ways in which �ancient Rome was indeed very present in the construction of the political independence of Pisa' see Conte, �Roman Public Law in the Twelfth Century', this volume.

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Source: Cavanagh Edward (ed.). Empire and Legal Thought: Ideas and Institutions from Antiquity to Modernity. Brill,2020. — 634 p.. 2020

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