Abstract This essay examines how Law and Society approaches have transformed historical analysis by reconceptualizing law as constitutive of social reality rather than as an isolated formal system. Tracing this methodological revolution from 1960s American legal history through scholars like J. Willard Hurst and Lawrence Friedman to 1990s legal consciousness studies by Patricia Ewick, Susan Silbey and Sally Engle Merry, the essay demonstrates how these frameworks reveal law as lived experience operating through documentary practices and administrative procedures rather than overt coercion. Through examples from British colonial Singapore and Hong Kong, the analysis shows how legal mechanisms normalized authority, how marginalized subjects strategically navigated plural legal systems and how legal transformations eventually became invisible within naturalized landscapes. Law and Society approaches provide historians with three crucial innovations: revealing agency through strategic legal engagement, reconceptualizing power as operating through capillary networks of documentation, and reframing historical transformation as gradual reconfiguration of legal categories that denaturalizes what appears inevitable.

This study aims to explore the values embedded in the jurisprudential discussions of maritime accidents in 11th-century AH/17th-century AD Oman, as documented in the manuscript Al-Bayan, authored by Sheikh Balarab bin Ahmed Al-Ismaili. By employing an inductive–deductive methodological framework, the research examines legal issues related to maritime incidents, as documented in the manuscript, to identify the moral and societal values reflected in Omani Ibadi jurisprudence during that period. To achieve its objectives, the study involved a systematic analysis of relevant jurisprudential cases within the manuscript, while also offering a critical overview of Al-Bayan, its historical context, thematic scope, the religious authorities cited within it, and biographical insights into its author and his scholarly heritage. The findings reveal a set of core values that shaped Omani legal and societal approaches to maritime accidents in the 11th century AH. These include justice, equality, the sanctity of others’ property, and the obligation to fulfill promises. The study also underscores the historical and scholarly significance of Al-Bayan, advocating for the preservation, study, and publication of unprinted Omani manuscripts. Furthermore, it encourages continued research into the intellectual legacy of prominent Omani scholars and the jurisprudential richness of Ibadi thought. Keywords: Maritime incidents, values, Al-Bayan manuscript, Sheikh Balarab bin Ahmed bin Imam Mani’ Al-Ismaili, Ibadi jurisprudence, Omani legal history.

Stanley N. Katz served as the Class of 1921 Bicentennial Professor of the History of American Law and Liberty at Princeton University from 1978 to 1986. He left to become President of the American Council of Learned Societies, the national humanities organization in the United States. When he stepped down from that position in 1997, he returned to teaching and high-level institutional service at Princeton, including as the Acting Director of the Program in Law and Public Affairs from 2004 to 05 and 2016 to 17. Katz’s contributions to legal history include, in addition to a vast array of articles and the books cited in the footnotes below, his work as Editor in Chief of the Oxford International Encyclopedia of Legal History and of the Oliver Wendell Holmes Devise History of the United States Supreme Court. He has served as President of the Organization of American Historians and American Society for Legal History, as Vice President of the Research Division of the American Historical Association, and as a member of the Board of Trustees of the Newberry Library, the Center for Jewish History, and many other institutions. He is a Fellow of the American Society for Legal History, the American Academy of Arts and Sciences, and the Society of American Historians. President Barack Obama awarded him the National Humanities Medal in 2011.

Immanuel Kant’s position as a preeminent Enlightenment philosopher is undisputed. Yet his legacy is largely tied to German liberalism, by dint of the fact that his works were highly influential among the liberal delegates at the Frankfurt Parliament during 1848/49. Consequently, even though Kant himself often referred to the concept of the ‘republic’ throughout many of his works, it is a rare piece of scholarship that considers him a ‘republican thinker.’ However, a close reading of Kant’s works, most notably (but not limited to) his Metaphysics of Morals, demonstrates that Kant was deeply motivated by the quest to shape a rule of law that was guided by moral autonomy, which he conceived of as the fundamental basis for a functioning human society – a republic in the sense of the Latin res publica. So understood, Kant’s model of ‘rightful republicanism’ offers us a vital case study by which we as legal historians may approach the current crises facing the liberal-democratic rule of law, in light of a resurgent extreme right, a misuse of state force, and the tension between individual and collective freedoms during the COVID-19 pandemic.

Objective: The study aims to identify key principles and tools decreasing corruption and promoting greater transparency and accountability of public institutions. The authors analyze the examples of Scandinavian, Asian, and other countries. Singapore and Botswana, which have earned international recognition for their effective implementation of anti-corruption policies, are studied in detail. Methods: The authors utilize a wide range of methodological techniques. This research is inconceivable without comparative legal and legal history analysis, which uncovers general trends and specific features in anti-corruption strategies. Results: Based on an analysis of the legislation, institutional reforms, and social initiatives introduced in the examined countries, the authors offer recommendations on adapting successful practices in countries with high levels of corruption. Particular attention is paid to the role of specialized anti-corruption bodies, such as the Independent Commission Against Corruption in Hong Kong, the Corrupt Practices Investigation Bureau in Singapore, and the Directorate on Corruption and Economic Crime in Botswana. The key factors behind the success of these institutions are their independence, broad mandate, and active engagement with civil society and the media. Conclusions: The study emphasizes the importance of a comprehensive approach to implementing anti-corruption policy, including legislative and cultural changes. The findings demonstrate the need for international cooperation and exchange of best practices in anti-corruption policies and their practical implementation. In the age of digitalization, modern technologies are becoming increasingly important and will soon become an instrumental part of the fight against corruption.

This article presents a historiographical survey of scholarship on Islamic law and legal authority in Central/Inner Asia under Russian Imperial rule. It analyzes the debates, paradigms and assumptions that have dominated the field up to the present. The binaries that have dominated the field—between cooperation and insulation, rupture and continuity—disguise the complex legal history of the region. The historiography has shifted to emphasize a more pluralistic legal landscape, shaped by imperial intervention, local custom, practical considerations, and agency of ordinary Muslims. I suggest that by integrating a variety of sources, both archival and Islamic, scholars can take a bolder anthropological turn to develop new directions in historiography that will involve studying the lived experiences of legal actors and ordinary Muslims, gendered dimensions of legal practice, the meanings of socio-legal institutions, and the daily interaction between religious scholars and their communities.

Researching Law in the Global Middle Ages: Byzantine and Chinese Legal History in Conversation

The purpose of this paper is to provide for a theoretical reflection concerning the continued use of certain legal institutions, concepts, rules or principles outside the socio-economic or political context in which such legal morphemes (known as “legal survivals”), were created. In order to refer to the phenomenon of endurance of legal survivals following a transformation, transition or revolution, the paper will use the term “nomostasis,” coined from the Greek words denoting “law” (nomos) and “resistance to change” or “stability” (stasis). The goal of the present paper is to formulate a number of hypotheses concerning the conditions of possibility of nomostasis with view to creating a theoretical scaffolding to be later filled with empirical, sociohistorical case-studies. For this purpose, the paper isolates and groups two types of factors enabling or favouring nomostasis: (1) endogenous ones, i.e., those pertaining to the juristic community as such and (2) exogenous ones, i.e., those pertaining to the environment within which that community functions, most notably the political and ideological climate. By contrast, the present paper does not address the question of intrinsic features of legal morphemes that may or may not favour nomostasis. The main theoretical hypothesis advanced in the paper is that for nomostasis to occur, one can typically expect there to be a need for a favourable combination of endogenous and exogenous factors. The paper is intended to provide elements of a theoretical framework for further empirical sociohistorical research on nomostasis within the broader framework of the historical sociology of law as a specific sub-discipline at the interstices of sociology of law and legal history.

Debates on the relationship between law and history have largely been structured around two axes: the issue of “legal intervention in history” in the context of transitional justice, and the “history of law” centered on the history of legislation. Both approaches remain within the horizon of modern historiography, which presupposes temporal continuity, the intentionality of actors, and the factuality of events. This article seeks to propose an alternative reading of legal history by drawing on the methodological resources of the Annales School. Whereas earlier generations of historians tended to focus on the history of governments, the Annales historians were generally more interested in geography, population, emotions and customs. Their new historical methodology, which emphasizes the multilayered nature of time and seeks to move beyond an event- and figure-centered political history through engagement with other disciplines, has a distinctive value for developing not only statute-centered legal history but also a social and cultural history of law. This article examines the generational development of the Annales School and its macrohistorical, history-of-mentalities, and microhistorical approaches, and explores, through the concepts of longue durée, mentalité, and “the history of little people,” the possibility of reconstructing the history of law as a field in which multiple times, structures, and mental frameworks intersect. First, in a “macrohistorical reading of law,” the time of modern law is understood as composed of événement, conjoncture, and longue durée. The article shows that the liberal, social-state, and procedural models of law form stratified structures of durée within the legal order. In this way, the meaning of particular provisions or judgements can be interpreted against both conjunctural shifts in legislative trends and the long-term structures of legal models. Second, in a “history-of-mentalities’ reading of law,” the analysis focuses on mentalité. This allows us to examine how policing and punishment, and the binary oppositions of normal/abnormal, are historically constituted through their articulation with a given era’s collective mentality. Using Jacques Le Goff’s study of purgatory as an example, the article shows how the legal notion of “forgivable sin” and the principle of proportionality emerged in close connection with the tripartite epistemology of the time. Third, in a “microhistorical reading of law,” it is argued that legal texts such as trial records, investigative files, and petitions are sources through which one can reconstruct the narrative of subalterns. Drawing on the concept of the “normal exception,” the article contends that criminal records function as a mirror that simultaneously reveals both the normativity of a given society and its fissures, and demonstrates this through an analysis of the trial records appearing in The Cheese and the Worms and The Return of Martin Guerre. It is thus suggested that the history of law should be reconfigured not as a chronology of enactment, amendment, and repeal, but as a field where the times of structure, mentality, and everyday life intersect. Such alternative reading of legal history also has implications for legal education, enabling students to discern the social structures and politics of emotions surrounding legal systems and to attend more closely to the voices of minorities embedded in trial records.

Objectives This article seeks to illuminate the figure of Professor Tadeusz Silnicki – an eminent historian of law – and to retrace the scholarly journey that culminated in his appointment to the Department of Ecclesiastical Law at the University of Poznań. A student of two towering figures of the Lviv school, Oswald Balzer and Władysław Abraham, Silnicki brought with him to Poznań, in 1929, the academic ethos, methodology, and intellectual discipline imparted by his distinguished mentors. Material and methods Drawing upon all extant archival materials and the essential body of relevant literature, the study aspires to a pioneering dimension. It employs the historical-legal method. Results Analysis of Prof. Silnicki's journey from student to Head of the Department of Canon Law at the University of Poznań. Conclusions The professor co-created the Poznań historical-legal environment. With his arrival in Poznań, he brought formal stability to the Department of Canon Law. He also holds a distinctive place in history as the last and longest-serving professor of ecclesiastical law at secular faculties of law in Poland.

This article examines the legal foundations of military authority in traditional Kazakh society. The study traces the origins of military regulations from early nomadic eras Huns, Usuns, and Turks followed by their systematization in Chinggis Khan’s “Yasa” and subsequent development under Kazakh khans Kasym, Yesim, and Tauke. The aim is to identify the core directions and conceptual ideas behind the formation of legal norms governing military administration. The central thesis emphasizes that military legal norms were not only instruments of warfare but also mechanisms for maintaining state integrity, discipline, and social order. The scientific and practical relevance lies in demonstrating how military regulation contributed to building early Kazakh statehood and shaped the institutionalization of governance. The methodology applies historical-comparative analysis, source review, and legal interpretation. Key findings: norms of military responsibility and discipline were formally codified; strict penalties were imposed for violations; military law evolved – from rigid frameworks under Kasym and Yesim to partial liberalization under Tauke. The study’s value is in revealing how military legal culture shaped political structures and served as a foundation for governance in the nomadic state. Practical significance includes the potential use of these findings in modern legal research, military policy, and institutional history.

This paper seeks to map the research trajectories in church law and, more broadly, in jurisprudence concerning Protestant churches, with a particular focus on the Reformed Church in Hungary. It highlights the various unexplored areas, aspects and sources of Protestant church law. To achieve these objectives, the study employs two primary methodological approaches: a public law historical approach and a legal-dogmatic analytical method. These two methodologies are inseparable from each other due to the role that the churches have played throughout legal history. Examples from the study illustrate that both these approaches complement and presuppose each other. Ultimately, the combined use of these methods facilitates clearer definitions and aids in the interpretation of contemporary issues in ecclesiastical law.

This paper discusses how Roman law developed liability for damages inflicted by domestic animals. At the beginning of Roman legal history, the animal itself may have been regarded as the tortfeasor and therefore held liable. However, the introduction of the actio de pauperie (mentioned in the Twelve Tables) seems to have changed this concept of liability. From then on, owners were held liable for damages caused by their animals under a form of strict liability known as 'noxal liability'. The range of application was limited by classical jurists in several ways. For instance, the owner was only responsible for typical dangers resulting from keeping such animals. Furthermore, the owner could not be sued if a third party was liable for fault under the lex Aquilia. Additionally, the actio de pauperie was not applicable if the damage was caused by the injured party's own negligence. Lastly, the possibility of noxae deditio limited the owner's risk.

Abstract A short reflection on the singular career of the legal historian Stanley Katz.

Few figures have left a deeper imprint on the legal history of Northern Ireland than John Clarke MacDermott (1896–1979) and yet his career has never been the subject of a legally comprehensive study. This article offers that study, drawing on reported judgments, publicly archived papers, academic commentaries, and a small set of privately archived materials belonging to the MacDermott family. The analysis is largely chronological and selectively contextual, aiming to present a clear and accessible account of MacDermott’s legal life without attempting an exhaustive social history. It traces his formation at the Bar and in wartime office, illuminates his early judicial craft in the High Court, and then assesses his distinctive independence as a post-war appellate court judge in the House of Lords. The study also covers his Privy Council work on constitutional law, which foreshadowed later encounters with emergency powers at home. As Lord Chief Justice of Northern Ireland, MacDermott was involved in a very high number of reported cases. His court docket’s emphasis on customs, charities, taxation and wills, and the then-limited scope of judicial review, contrasts sharply with the dockets of more recent times. Alongside an analysis of this work in the superior courts of Northern Ireland there is a quantitative and qualitative account of MacDermott’s continuing contributions to the House of Lords on an ad hoc basis. The article further examines his extra-judicial voice, including through his Hamlyn Lectures on ‘protection from power’; his inaugural ‘MacDermott lecture’, and several previously unpublished speeches. It also examines his institutional reform work (ranging from a report that shaped the Judicature (NI) Act 1978 to constitutional advice on the governance of the Isle of Man) and his publicly recorded interventions during the Troubles, including nuanced reservations about detention and rights proposals. The conclusion argues that ‘unpredictability’ best captures Lord MacDermott’s career path and jurisprudence. His legal life was far from programmatic, but marked by clarity, candour and a readiness to stand apart when important principles were at stake.

ABSTRACT In response to the three questions suggested for this symposium on the pedagogy of the Pentateuch, I focus here less on what we teach and instead emphasize the values within our discipline. Students need to learn how to read the Bible as part of the humanities: as the work of thinkers who were reflecting on their place in the world and considering a system of values that the texts reflect. The Bible both embeds and requires a theory of reading, in which the redactors preserve conflicting viewpoints without erasing any perspective. Further, by contextualizing the Pentateuch in the ancient Near East, I teach students that the Bible provides a foundational document that lays the groundwork for modern views of ethics and legal history. It anticipates the origin of the ideas of equality and of constitutional thought (including rule of law and separation of powers). A new course in preparation, Scripture and Genocide: Rethinking the Bible after the Holocaust, probes the misuse of the Bible in genocidal regimes and ideologies.

The present research proposes an interdisciplinary reading of fire in Navarre, addressing its role in the ecological configuration of the territory, its historical use as an agricultural and cultural tool, its transformation into a catastrophic risk, and its legal regulation since the Middle Ages. Through the analysis of documentary sources such as charters, municipal ordinances, notarial records, and regional legislation, the evolution of the regulatory framework governing the use of fire in the Navarrese mountains is reconstructed. The study reveals how Navarrese historical law, deeply rooted in communal practices and customary customs, has been key to the management of fire as an ecological and social element. It is concluded that understanding fire in Navarre requires an approach that combines ecology, history, and law, and that traditional knowledge can offer keys to addressing the contemporary challenges of forest fires. This study has aimed to contribute to this understanding by offering a profound, well-documented, and original analysis of fire as a legal concept, a territorial practice, and a cultural expression. The Navarrese experience demonstrates that it is possible to regulate fire from a community-based, territorial, and traditional perspective, and that law can be a tool for balance, adaptation, and transformation. In a world increasingly threatened by climate change, regulatory homogenization, and biodiversity loss, the Navarrese model offers a valuable alternative and deserves to be studied, protected, and replicated.

This study aims to examine and analyse the existence of Woloara customary land law and to examine and analyse the use and utilisation of land by the Woloara indigenous community based on Woloara customary land law. This study is an empirical legal study using three approaches, namely the legislation approach, legal sociology, and legal history. Based on the research conducted, it is known that Woloara customary land law contains important elements, namely commands, permissions, prohibitions, and sanctions, which are also closely related to respect for Embu Mamo (ancestors) and Nggae (God). In the context of this study, the indicators used to analyse the existence of customary land law, particularly among the Woloara indigenous community, are divided into three main aspects, namely: objects, values, and sustainability. Woloara customary land law is still valid and exists in community life, particularly in the use and utilisation of land. This is marked by the permissions, commands, prohibitions, and sanctions created by the Embu Mamo in ancient times, which are still recognised, obeyed, and enforced in community life. This is also evident from the continued use of the same objects, values that are generally unchanged, and sustainability that has shown that elements of customary land law continue to be applied in land use and utilisation activities. Furthermore, based on the results of the study, it is known that customary land law serves as a guideline in the implementation of land use and utilisation, which results in various types of land use and utilisation, namely land use and utilisation based on subject, land use and utilisation based on land type, land use and utilisation based on area function, land use and utilisation based on type of activity, and land use and utilisation based on social status.

Si tratta di una cronaca di un recente convegno di diritto greco tenutosi ad Atene

In lieu of an abstract: Carrie Hintz and Eric L. Tribunella’s Reading Young Adult Literature offers an effective and concise critical introduction to the field of YA literature studies. It systematically explores the growth and development of adolescence as a social concept and of YA literature as both a publishing phenomenon and a pedagogical tool. Adopting intersectional methodologies, the book combines frameworks of textual and critical close reading with social and legal history, psychology, literary theory, publishing history, and literary criticism. Though not the first book to historicise or theorise YA literature, what sets this publication apart is its accessibility for new and established researchers, teachers, and readers alike.