Pub Date : 2022-11-01DOI: 10.1017/S0738248022000645
Mariana Armond Dias Paes
A patchwork is made up of many bits of cloth of different colors, materials, and patterns woven together to beautiful effect. That is an accurate metaphor for the careful work that Adriana Chira has done in Patchwork Freedoms: Law, Slavery, and Race Beyond Cuba ’ s Plantations . She has stitched together bits of information found in various sources and forged a cutting-edge argument about the making of law in Santiago de Cuba, where long-standing, custom-based manumission practices and widespread popular legalism crafted an enti-tled peasantry of African descent in the region. Chira ’ s findings are based on a meticulous analysis of court cases, testaments, manumission papers, parish records, official correspondence, and juridical writings.
{"title":"Adriana Chira, Patchwork Freedoms: Law, Slavery, and Race Beyond Cuba's Plantations Cambridge: Cambridge University Press, 2022. Pp. 320. $102.95 hardcover (ISBN 9781108499545); $33.95 paperback (ISBN 9781108730808); $24 ebook (ISBN 9781108606677).","authors":"Mariana Armond Dias Paes","doi":"10.1017/S0738248022000645","DOIUrl":"https://doi.org/10.1017/S0738248022000645","url":null,"abstract":"A patchwork is made up of many bits of cloth of different colors, materials, and patterns woven together to beautiful effect. That is an accurate metaphor for the careful work that Adriana Chira has done in Patchwork Freedoms: Law, Slavery, and Race Beyond Cuba ’ s Plantations . She has stitched together bits of information found in various sources and forged a cutting-edge argument about the making of law in Santiago de Cuba, where long-standing, custom-based manumission practices and widespread popular legalism crafted an enti-tled peasantry of African descent in the region. Chira ’ s findings are based on a meticulous analysis of court cases, testaments, manumission papers, parish records, official correspondence, and juridical writings.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"863 - 865"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43615422","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-01DOI: 10.1017/S0738248022000694
Yvonne M. Pitts
Vice Patrol analyzes how reconfigurations in postwar gay public life, psychiatric research, and policing surveillance technologies recast Americans’ chimerical commitments to purging sexual vice. Before a more radical, visible queer liberation movement emerged after 1969, vice enforcement was not a monolithic project but rather a conglomeration of newly empowered post-Prohibition liquor agents, policing units, and judicial institutions. Enforcement practices and institutional priorities generated inconsistencies over policing sexual difference, creating conflicts that became embedded in judicial processes, themselves fraught with institutional pressures and contradictions. These legal and administrative configurations did more than enforce existing law regulating sexual deviance; they actively produced identifiable targeted groups believed to be predisposed to sexual criminality. Vice Patrol’s insights are urgent; they reveal and explain the historical, institutional, and political processes of negotiating human expression into criminal acts requiring state policing intervention. The intrusive tactics that Lvovsky chronicles did not disappear; they were redirected, which is best articulated in the liberal disillusionment with “urban renewal” and with the Nixon administration's “War on Crime” that targeted “high crime” areas in urban communities of color, propelling forward racialized mass incarceration.
{"title":"Into Law's Artifice: Postwar Policing, Sexual Difference, and the Epistemic Gap","authors":"Yvonne M. Pitts","doi":"10.1017/S0738248022000694","DOIUrl":"https://doi.org/10.1017/S0738248022000694","url":null,"abstract":"Vice Patrol analyzes how reconfigurations in postwar gay public life, psychiatric research, and policing surveillance technologies recast Americans’ chimerical commitments to purging sexual vice. Before a more radical, visible queer liberation movement emerged after 1969, vice enforcement was not a monolithic project but rather a conglomeration of newly empowered post-Prohibition liquor agents, policing units, and judicial institutions. Enforcement practices and institutional priorities generated inconsistencies over policing sexual difference, creating conflicts that became embedded in judicial processes, themselves fraught with institutional pressures and contradictions. These legal and administrative configurations did more than enforce existing law regulating sexual deviance; they actively produced identifiable targeted groups believed to be predisposed to sexual criminality. Vice Patrol’s insights are urgent; they reveal and explain the historical, institutional, and political processes of negotiating human expression into criminal acts requiring state policing intervention. The intrusive tactics that Lvovsky chronicles did not disappear; they were redirected, which is best articulated in the liberal disillusionment with “urban renewal” and with the Nixon administration's “War on Crime” that targeted “high crime” areas in urban communities of color, propelling forward racialized mass incarceration.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"839 - 845"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48688048","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-01DOI: 10.1017/S0738248022000293
Alexandre Pelegrino
Northern Brazil experienced consequential socio-economic and legal transformation by the mid-eighteenth century in the context of imperial reforms. If the region relied for decades on the enslavement of Indigenous Americans, the Portuguese crown banned the practiced in 1755. To develop a plantation economy, the monarchy created a trading company responsible for shipping unprecedented number of enslaved Africans. This article discusses ruptures and continuities on the enslavement of Indigenous Americans. It focuses on one city, São Luís, and makes extensive use of Catholic sources (baptisms and marriages), notarial records, and legal cases. The article analyzes the connection between mechanisms that allowed the resilience of slavery (or forms that resembled slavery) and attempts to claim and preserve freedom or autonomy, in this case the strategic use of the índio status. The article develops two of those mechanisms: social dependencies created within the households and the use of socio-racial classifications by the colonial society. I make two interconnected arguments. First, I propose a bottom-up process of Indigenous slavery abolition. Indigenous workers were savvy litigants and they fought for their place as mobile wage laborers within the city. Second, in that moment of socio-economic and legal transformations, slaveholders developed vernacular practices stressing black maternal origins to slaves.
{"title":"From Slaves to Índios: Empire, Slavery, and Race (Maranhão, Brazil, c.1740–90)","authors":"Alexandre Pelegrino","doi":"10.1017/S0738248022000293","DOIUrl":"https://doi.org/10.1017/S0738248022000293","url":null,"abstract":"Northern Brazil experienced consequential socio-economic and legal transformation by the mid-eighteenth century in the context of imperial reforms. If the region relied for decades on the enslavement of Indigenous Americans, the Portuguese crown banned the practiced in 1755. To develop a plantation economy, the monarchy created a trading company responsible for shipping unprecedented number of enslaved Africans. This article discusses ruptures and continuities on the enslavement of Indigenous Americans. It focuses on one city, São Luís, and makes extensive use of Catholic sources (baptisms and marriages), notarial records, and legal cases. The article analyzes the connection between mechanisms that allowed the resilience of slavery (or forms that resembled slavery) and attempts to claim and preserve freedom or autonomy, in this case the strategic use of the índio status. The article develops two of those mechanisms: social dependencies created within the households and the use of socio-racial classifications by the colonial society. I make two interconnected arguments. First, I propose a bottom-up process of Indigenous slavery abolition. Indigenous workers were savvy litigants and they fought for their place as mobile wage laborers within the city. Second, in that moment of socio-economic and legal transformations, slaveholders developed vernacular practices stressing black maternal origins to slaves.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"789 - 815"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45778972","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-01DOI: 10.1017/s0738248022000669
Ángela Fernández, G. Rao
In 2021, Anna Lvovsky published Vice Patrol: Cops, Courts, and the Struggle over Urban Gay Life Before Stonewall with the University of Chicago Press. The book studies gay communities’ confrontations with criminal law in the mid-twentieth-century United States. Lvovsky, a professor of law and affiliate professor of history at Harvard University, pays particularly close attention to law enforcement practices that aimed to police homosexuality, as well as “the gay world's confrontations with the law.” What results is a complex story of regulation and contestation that spans several decades, which is poised to not only influence how historians understand the policing of sexual difference, but also push forward understandings of the United States war on crime and the inter-related rise of the carceral state.
{"title":"Introduction: Rethinking the Policing of Homosexuality in Modern America","authors":"Ángela Fernández, G. Rao","doi":"10.1017/s0738248022000669","DOIUrl":"https://doi.org/10.1017/s0738248022000669","url":null,"abstract":"In 2021, Anna Lvovsky published Vice Patrol: Cops, Courts, and the Struggle over Urban Gay Life Before Stonewall with the University of Chicago Press. The book studies gay communities’ confrontations with criminal law in the mid-twentieth-century United States. Lvovsky, a professor of law and affiliate professor of history at Harvard University, pays particularly close attention to law enforcement practices that aimed to police homosexuality, as well as “the gay world's confrontations with the law.” What results is a complex story of regulation and contestation that spans several decades, which is poised to not only influence how historians understand the policing of sexual difference, but also push forward understandings of the United States war on crime and the inter-related rise of the carceral state.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"817 - 818"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42304524","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-01DOI: 10.1017/s0738248023000123
{"title":"LHR volume 40 issue 4 Cover and Back matter","authors":"","doi":"10.1017/s0738248023000123","DOIUrl":"https://doi.org/10.1017/s0738248023000123","url":null,"abstract":"","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"b1 - b2"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42705363","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-31DOI: 10.1017/S0738248022000360
Meg Foster
During the 1830s, the Bushranging Act and the Vagrancy Act were crafted to prevent crime, revolt and insurrection in the colony of New South Wales. These statutes contained exceptional methods to police and control colonial populations and suspended legal safeguards designed to protect the population from abuses of power. Supporters of the laws argued that extreme measures were necessary due to the emergency of the occasion. Understanding the Bushranging Act and the Vagrancy Act’s enactment and operation, as well as the purposes they were designed to serve and the liberties they infringed to achieve these ends requires attention to local circumstance. A fine-grained analysis, rooted in the peculiarities of life in colonial New South Wales and anchored by the law’s operation on the ground is needed to understand the malleability of British law at this place and at this time. In this article, I argue that rather than a select criminal contingent, the New South Wales’ authorities increasingly feared that the composition of the colony threatened their colonial enterprise. The Bushranging Act of 1830 and the Vagrancy Act of 1835 contained wide coercive and discretionary powers to mitigate the extent of this threat.
{"title":"Protecting the Colony from its People: Bushranging, Vagrancy, and Social Control in Colonial New South Wales","authors":"Meg Foster","doi":"10.1017/S0738248022000360","DOIUrl":"https://doi.org/10.1017/S0738248022000360","url":null,"abstract":"During the 1830s, the Bushranging Act and the Vagrancy Act were crafted to prevent crime, revolt and insurrection in the colony of New South Wales. These statutes contained exceptional methods to police and control colonial populations and suspended legal safeguards designed to protect the population from abuses of power. Supporters of the laws argued that extreme measures were necessary due to the emergency of the occasion. Understanding the Bushranging Act and the Vagrancy Act’s enactment and operation, as well as the purposes they were designed to serve and the liberties they infringed to achieve these ends requires attention to local circumstance. A fine-grained analysis, rooted in the peculiarities of life in colonial New South Wales and anchored by the law’s operation on the ground is needed to understand the malleability of British law at this place and at this time. In this article, I argue that rather than a select criminal contingent, the New South Wales’ authorities increasingly feared that the composition of the colony threatened their colonial enterprise. The Bushranging Act of 1830 and the Vagrancy Act of 1835 contained wide coercive and discretionary powers to mitigate the extent of this threat.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"655 - 677"},"PeriodicalIF":0.8,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47952688","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-14DOI: 10.1017/S0738248022000426
D.B.G.W. Lyna, L. Bulten
This article studies the registration practices of land and property on palm leaf deeds (olas) in Sri Lanka, in relationship to the advent of paper land grants (giftebrieven) under the Dutch East India Company (VOC)’s rule in the long eighteenth century. A database of about 2500 Dutch land grant deeds and translated olas, ranging from 1685 to 1795 are contextualised via judicial records of Dutch civil courts, where (translated) olas were regularly used as evidence. Not only does this allow us to track the geographical encroachment of Dutch power over coastal Sri Lanka as part of a colonial transition, but at the same time shift the perspective to study which individuals and communities on the island engaged with Dutch land bureaucracy. In doing so, we showcase the continued importance of traditional ola deeds and (pre-)colonial registers for both local land owners and the colonial bureaucracy itself, regardless of the Dutch government’s push for paper, attempted to delegitimise the local ola recordings, and acts of symbolic violence to infringe on both the materiality as well as the perceived importance of palm leaf deeds. In the long eighteenth century several paper and palm leaf realities coexisted in Sri Lanka and at times conflicted, entangled, and convoluted within and outside the bureaucratic institutions to form what ‘material pluralism’ within a larger context of legal pluralities.
{"title":"Material Pluralism and Symbolic Violence: Palm Leaf Deeds and Paper Land Grants in Colonial Sri Lanka, 1680–1795","authors":"D.B.G.W. Lyna, L. Bulten","doi":"10.1017/S0738248022000426","DOIUrl":"https://doi.org/10.1017/S0738248022000426","url":null,"abstract":"This article studies the registration practices of land and property on palm leaf deeds (olas) in Sri Lanka, in relationship to the advent of paper land grants (giftebrieven) under the Dutch East India Company (VOC)’s rule in the long eighteenth century. A database of about 2500 Dutch land grant deeds and translated olas, ranging from 1685 to 1795 are contextualised via judicial records of Dutch civil courts, where (translated) olas were regularly used as evidence. Not only does this allow us to track the geographical encroachment of Dutch power over coastal Sri Lanka as part of a colonial transition, but at the same time shift the perspective to study which individuals and communities on the island engaged with Dutch land bureaucracy. In doing so, we showcase the continued importance of traditional ola deeds and (pre-)colonial registers for both local land owners and the colonial bureaucracy itself, regardless of the Dutch government’s push for paper, attempted to delegitimise the local ola recordings, and acts of symbolic violence to infringe on both the materiality as well as the perceived importance of palm leaf deeds. In the long eighteenth century several paper and palm leaf realities coexisted in Sri Lanka and at times conflicted, entangled, and convoluted within and outside the bureaucratic institutions to form what ‘material pluralism’ within a larger context of legal pluralities.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"4 1","pages":"453 - 477"},"PeriodicalIF":0.8,"publicationDate":"2022-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41281596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-07DOI: 10.1017/S0738248022000335
A. McClure
Unlike whipping, which was quickly abolished following independence, India has continued to hold tightly to the noose’s rope and remains a retentionist country to our present day. Notably, though the number of executions would fall dramatically in the first decades of India’s postcolonial history, the list of crimes made punishable by death has grown ever longer in recent years. Rather than positing the continued presence of the death penalty as an anachronism ill-suited for a modern democracy, this article takes seriously the legal and discursive developments that allowed the most infamous of penal institutions to travel safely across India’s twentieth century. From something that begun as a distilled expression of racialised colonial state power, like many other state institutions during this period, the death penalty would undergo a series of changes to remain relevant amidst new organizing political principles of representative democracy and popular will. Moving from the first formal efforts at abolition in the 1920s, through constitutional assembly debates in the 1940s, and Supreme Court judgements between 1967-83, the article positions capital punishment as a product of both deep colonial inheritances, and a particular process of postcolonial translation. Becoming fully couched in the language of popular sentiment by the culmination of this legal transformation, this violence would become well-positioned to grow within a national political culture increasingly organised around majoritarian expressions of national belonging.
{"title":"Killing in the Name Of? Capital Punishment in Colonial and Postcolonial India","authors":"A. McClure","doi":"10.1017/S0738248022000335","DOIUrl":"https://doi.org/10.1017/S0738248022000335","url":null,"abstract":"Unlike whipping, which was quickly abolished following independence, India has continued to hold tightly to the noose’s rope and remains a retentionist country to our present day. Notably, though the number of executions would fall dramatically in the first decades of India’s postcolonial history, the list of crimes made punishable by death has grown ever longer in recent years. Rather than positing the continued presence of the death penalty as an anachronism ill-suited for a modern democracy, this article takes seriously the legal and discursive developments that allowed the most infamous of penal institutions to travel safely across India’s twentieth century. From something that begun as a distilled expression of racialised colonial state power, like many other state institutions during this period, the death penalty would undergo a series of changes to remain relevant amidst new organizing political principles of representative democracy and popular will. Moving from the first formal efforts at abolition in the 1920s, through constitutional assembly debates in the 1940s, and Supreme Court judgements between 1967-83, the article positions capital punishment as a product of both deep colonial inheritances, and a particular process of postcolonial translation. Becoming fully couched in the language of popular sentiment by the culmination of this legal transformation, this violence would become well-positioned to grow within a national political culture increasingly organised around majoritarian expressions of national belonging.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"365 - 385"},"PeriodicalIF":0.8,"publicationDate":"2022-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43035189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-23DOI: 10.1017/S0738248022000323
Chanelle Delameillieure
Historians use a wide range of terms to talk about premodern partner choice conflicts, ranging from rape to ravishment and elopement. This variety largely stems from the ambiguity and multivalence of some terms frequently used in medieval England, like the intensely scrutinized term raptus. Through a study of the language used in late medieval legal texts and judicial records from the Low Countries, this article shows that medieval Flemish had a specific term to describe an offense not captured by any other term available, namely schaec. Authorities clearly distinguished between schaec, that is the seizure of women for marriage, and rape, the seizure of women for sex. Yet, the Low Countries’ multilingual legal culture as well as the ambiguity that was inherent to many abductions with marital intent, continued to make it difficult for judges to label the cases they encountered as rape or schaec.
{"title":"“They Call it Schaec in Flemish”: The Language of Abduction with Marital Intent in the Late Medieval Low Countries","authors":"Chanelle Delameillieure","doi":"10.1017/S0738248022000323","DOIUrl":"https://doi.org/10.1017/S0738248022000323","url":null,"abstract":"Historians use a wide range of terms to talk about premodern partner choice conflicts, ranging from rape to ravishment and elopement. This variety largely stems from the ambiguity and multivalence of some terms frequently used in medieval England, like the intensely scrutinized term raptus. Through a study of the language used in late medieval legal texts and judicial records from the Low Countries, this article shows that medieval Flemish had a specific term to describe an offense not captured by any other term available, namely schaec. Authorities clearly distinguished between schaec, that is the seizure of women for marriage, and rape, the seizure of women for sex. Yet, the Low Countries’ multilingual legal culture as well as the ambiguity that was inherent to many abductions with marital intent, continued to make it difficult for judges to label the cases they encountered as rape or schaec.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"725 - 746"},"PeriodicalIF":0.8,"publicationDate":"2022-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47826682","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-30DOI: 10.1017/S0738248022000402
F. Bishara
What did the practice of law look like on the high seas? This has been a matter of some discussion among legal historians, with the bulk of the evidence coming from encounters between European ships in the Atlantic and Asia. This article takes a different tack, taking as its starting point a series of contracts copied into the logbook of the early-twentieth century Arab dhow captain (nakhoda) ‘Abdulmajeed Al-Failakawi. Although some of these appear to have been contracts that the nakhoda entered into or witnessed, most were contractual templates that presented formulas for a variety of written obligations between members of the Indian Ocean maritime community. In reading these formulas alongside contracts left behind by Al-Failakawi and other Indian Ocean nakhodas, I reflect on how law circulated by members of an itinerant society of mariners that sought to forge the contours of a commercial world on their ships and across the waters, and weave it through an imperial seascape. I explore how workaday forms of law and legal epistemologies circulated around the maritime marketplaces of the Indian Ocean world, at the margins of a colonial and imperial political economy, through actors who read across different genres of literature, and who moved between the multiple roles of captain, navigator, supercargo, and scribe.
{"title":"The Sailing Scribes: Circulating Law in the Twentieth-Century Indian Ocean","authors":"F. Bishara","doi":"10.1017/S0738248022000402","DOIUrl":"https://doi.org/10.1017/S0738248022000402","url":null,"abstract":"What did the practice of law look like on the high seas? This has been a matter of some discussion among legal historians, with the bulk of the evidence coming from encounters between European ships in the Atlantic and Asia. This article takes a different tack, taking as its starting point a series of contracts copied into the logbook of the early-twentieth century Arab dhow captain (nakhoda) ‘Abdulmajeed Al-Failakawi. Although some of these appear to have been contracts that the nakhoda entered into or witnessed, most were contractual templates that presented formulas for a variety of written obligations between members of the Indian Ocean maritime community. In reading these formulas alongside contracts left behind by Al-Failakawi and other Indian Ocean nakhodas, I reflect on how law circulated by members of an itinerant society of mariners that sought to forge the contours of a commercial world on their ships and across the waters, and weave it through an imperial seascape. I explore how workaday forms of law and legal epistemologies circulated around the maritime marketplaces of the Indian Ocean world, at the margins of a colonial and imperial political economy, through actors who read across different genres of literature, and who moved between the multiple roles of captain, navigator, supercargo, and scribe.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"587 - 604"},"PeriodicalIF":0.8,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48040798","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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