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

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.

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Contents
Preface
Notes on Contributors
CHAPTER 1 Empire and Legal Thought: An Introduction
Edward Cavanagh
The history of law must be a history of ideas.
Law and Empire
Analogies
Principles
Authorities
Conclusion
Bibliography
CHAPTER 2 The First �Lawyers'? Judicial Offices, Administration and Legal Pluralism in Ancient Egypt, ca. 2500-1800 bce
Alexandre A. Loktionov
To study empire is inevitably to study relationships between a central core of imperial government and outlying areas peripheral to it, and this is naturally one of the dominant recurring trends in this volume.[44]
General Features of Ancient Egyptian Justice
The Administration of Justice in Old Kingdom Egypt
The Collapse of Centralised Judicial Institutions and the Professionalisation of Legal Officials in the Middle Kingdom
Understanding Changes between the Old Kingdom and the Middle Kingdom
Acknowledgement
Bibliography
After the Empire: Judicial Review and Athenian Interstate Relations in the Age of Demosthenes, 354-22 BCE
Alberto Esu
Recent scholarship on the political history of the Greek city-states has wit­nessed the emergence of two important trends: a rediscovery of formal institu­tions, and the inter-poleis perspective for the study of political and social struc­tures.
Judicial Review and the Democratic Constitution of Fourth­Century Athens
The Ethos of the Laws and Athenian International Policy: The Against Aristocrates (Dem. 23)
Conclusions
Bibliography
Public Law and Republican Empire in Rome, 200-27 bce
Clifford Ando
The Greek historian Polybius (c. 200-c. 120 bce) famously declared the subject of his Histories to be the fifty-three year period from 220 to 167 bce, during which the Romans compelled �nearly the entirety of the inhabited world' to submit to its governance Ipoliteia))-
Interlude: The Birth of Athenian Empire
Hegemony to Empire21
Conclusion
Bibliography
CHAPTER 5 Compromise and Coercion: Imperial Motives behind Justinianic Legislation in Sixth-Century Constantinople
Halcyon Weber
Following the death of his uncle in 527 CE, Justinian assumed full control of the eastern portion of the Roman empire.
Examination and Contextualisation of Justinian’s Legislation
Reflections
Conclusion
Bibliography
CHAPTER 6 Muslims and Non-Orthodox Christians in Byzantine Law until ca. 1100
Zachary Chitwood
We desire that all peoples whom Our Grace rules shall live by the very religion that the divine Peter, the apostle, gave to the Romans...
The Role of Orthodox Christianity in the Formative Phase of Byzantine Law
The Rise of Islam
The Book of the Eparch and the Rus’-Byzantine Treaties as a Model
The Syrian Orthodox
Law Amidst Imperial Collapse: Nikon of the Black Mountain
Conclusion
Bibliography
CHAPTER 7 Roman Public Law in the Twelfth Century: Politics, Jurisprudence, and Reverence for Antiquity
Emanuele Conte
Public law theories developed by the glossators of Roman law went overlooked by legal historians for a long time.
Rome
Pisa
A Theory of Public Law by the Early Glossators
Cities as Res Publicae in Rolandus de Luca
Subjectivity of Cities and Churches
Private Property and Public Power
Conclusions
Bibliography
CHAPTER 8 Ius gentium: The Metamorphoses of a Legal Concept (Ancient Rome to Early Modern Europe)
Dante Fedele
Ius gentium (the law of nations) is a complex and fascinating legal concept.
Roman Law to Isidore of Seville
The Late Middle Ages
Early-Modern Times and the Literature on the Ambassador
Bibliography
CHAPTER 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
In December 1377, the Holy Roman emperor Charles ιv visited the kingdom of France, then ruled by his nephew Charles v. According to the Grandes Chro- niques de France, on December 22nd, a French delegation was sent to welcome the imperial cavalcade near Cambrai.
Exiit edictum: The Census Ordered by Augustus and Its Theological Interpretation
Debating Imperial Authority: Luke 2:1-2 in Late Medieval Juridical and Political Texts
Conclusion
Bibliography
CHAPTER 10 Ideas of Empire in the Thought of the Late Medieval Roman Law Jurists
Joseph Canning
The history of Roman law is a classic question of the longue duree.
Bibliography
CHAPTER 11 Medieval Pisa as a Colonial Laboratory in the Historiographical Imagination of the Early Twentieth Century
Lorenzo Veracini
This chapter argues that Pisa was an early laboratory of colonial imagination and practice.
Maritime Pisa and Its Independence
Maritime Pisa and Its Colonial Empire
The Fall of the Pisan �Empire’
Dante’s �Unpeopled World’
Bibliography
CHAPTER 12 Open and Closed Seas: The Grotius-Selden Dialogue at the Heart of Liberal Imperialism
Mark Somos
Introduction
From The Law of Prize to The Free Sea
The Travels of Mare liberum
The Rights of War and Peace
Selden’s Mare clausum: Popular Sovereignty and Limited Global Resources
The Doctrine of Armed Neutrality
Conclusion
Bibliography
CHAPTER 13 Littoral Leviathan: Histories of Oceans, Laws, and Empires
Matthew Crow
The nineteenth-century American writer Herman Melville explicitly mentions the Byzantine Emperor Justinian twice in his epic novel Moby-Dick.
The Atlantic Inheritance of the Mediterranean World
Laws of Seas
Laws Across Oceans
Melville’s Leviathan
Bibliography
From Procedural Law to the �Rights of Humanity': Habeas Corpus, Exparte Somerset (1771-72), and the Movement toward Collective Representation in Early British Antislavery Cases
Sarah Winter
In February 1788, Granville Sharp, president of the recently founded Society for Effecting the Abolition of the Slave Trade, wrote to support the activities of his abolitionist counterparts in France, the members of the Societe des Amis des Noirs, just established that year.
British Anti-slavery Legal Activism, 1767-1771
Ex parte Somerset (1771-72)
�Rights of Humanity’
Contingencies of the Writ
Conclusion
Bibliography
Prerogative and Office in Pre-Revolutionary New York: Feudal Legalism, Land Patenting, and Sir William Johnson, Indian Superintendent (1756- 1774)
P.G. McHugh
The British Empire comprised a vast and sprawling hierarchy of office built from Crown commission upon Crown commission.
Feudal Prerogative and Colonial Land
Enter Sir William Johnson...
Patenting of Land in Indian Occupation
Conclusion
Bibliography
CHAPTER 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
[...] law, whose province is pure reason, wholly excludes [imagination.]
w. jones, �The Mahomedan Law of Succession' (1799)[1113]
[.] the interpretation must derive from the principles which are in agreement either with [the legislator’s] affects or with his objective or with his grounds (status rationis), or else from those principles which are in agreement with the state of the republic at that moment.
Philology as History: Locating the Reason of Law in the Law of Reason
Lex Scripta: The Source of Legal and Political Authority
Customary Law and the Eclipse of Lex Scripta
Conclusion
Bibliography
CHAPTER 17 James Bryce's Home Rule Constitutionalism and Victorian Historiography
Jordan Rudinsky
When then-Liberal Party Leader, William Gladstone, decided to support the creation of a devolved parliament for Ireland after the election of 1885, fate­fully splitting his party, a firestorm of debate ensued.
Background
Bryce and Home Rule
Flexible Constitutions in Britain and Rome
Victorian Historiography and Rome
Conclusion
Bibliography
CHAPTER 18 Crown, Conquest, Concession, and Corporation: British Legal Ideas and Institutions in Matabeleland and Southern Rhodesia, 1889-1919
Edward Cavanagh
Between the Limpopo and Zambezi rivers lies Matabeleland.
Lobengula and the Victorians
Conqueror and Conquered before the Judicial Committee of the Privy Council
Legal Thought and High Imperialism
Bibliography
CHAPTER 19 British War Office Manuals and International Law, 1899-1907
Lia Brazil
The late-nineteenth century saw a proliferation in the provision of instructions to troops in the field on how to conduct themselves during wartime. Influenced by Franz Lieber's 1863 field manual for soldiers, used during the American Civil War (1861-1865),
The Incorporation of the Hague Regulations into the Manual of Military Law
Thomas Erskine Holland
Lord Henry Thring’s Chapter Fourteen in the Manual of Military Law and Holland’s Handbook, The Laws and Customs of War on Land
The Influence of War on the Manual
The Soldier’s Manual
Conclusion
Bibliography
CHAPTER 20 Reich, Imperium, Empire: Carl Schmitt and the �Overcoming of the Concept of the State'
Joshua Smeltzer
Writing in 1939, Carl Schmitt declared the coming �dawn of the concept of the Reich' in the law of nations.[1439]
The Rise and Fall of the Concept of the State
Reich, Empire, Imperium
The Reich in the Law of Nations
Conclusions
Bibliography
General Index

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