Wafi A. Momin(编):文本,抄写员和传播:伊斯玛仪社区及其他地区的手稿文化。15, 481页。伦敦:I.B. Tauris与伊斯玛仪研究所合作,2022年。

Godefroid de Callataÿ
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引用次数: 0

摘要

对这个问题的决定性启示。这构成了对这些纸莎草纸的未来工作的重要研究议程。本书的第二部分深入研究了办公室早期历史的文学资料。早期qāḍīs的列表和传记在文献中出现得相对较晚,但它们所包含的材料显示出惊人的真实性。他们所描绘的法官既不是圣人也不是恶棍,他们所实行的法律有时与后来公认的法律规范在很大程度上有所不同。蒂利尔在总结分析的基础上得出结论,我们可以重构8世纪上半叶qāḍīs的存在和实践。然后,他开始从头开始构建法官的形象,尽可能地以不同的方式,揭示法官在不同城市的哪里开庭,诉讼当事人如何向法院请愿,他们在法院的位置,以及在qāḍī下其他官员为法院服务。在书的最后一部分,蒂利尔转向了qāḍī办公室的“起源”问题。以前的研究(比如泰恩的研究,或者冯·格鲁纳鲍姆1939年在《JAOS》中对泰恩的评论,或者克罗恩和哈拉克对伊斯兰法律的研究)一般都假定伊斯兰制度有一个特定的前伊斯兰起源。蒂莉令人信服地认为,首先,我们的知识在近东的古董法律太不允许我们准确辨别阿拉伯征服者继承的法律文化,其次,我们所知道的暗示的过程不是一个简单的采用而复杂,逐步建设一个统一的法律体系,包括现有元素但综合成一本小说系统跨省高度的同质性。蒂利尔对文学和文献证据的阅读是勤奋的,他的结论是克制的,深思熟虑的,令人信服的。它们与早期法律制度(如Jokisch在他的伊斯兰帝国法和Crone在她的罗马行省法)中更为浮夸和投机的描述形成了令人耳目一新的对比。它缺乏轰动效应,加上它是用法语写成的事实,不幸地限制了这本书在该领域的影响。语言障碍至少在某种程度上已经被这本书的开放在线版本(https://books.openedition.org/psorbonne/36105?lang)所消除了,它可以自动翻译成英语——以我的经验,在课堂上使用已经足够好了。蒂利尔的工作表明,当来源在其多样性中被整体考虑时,法律史可能是什么样子。蒂利尔已经取得了很大成就,但在这一重要领域还有很多工作要做。
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Wafi A. Momin (ed.): Texts, Scribes and Transmission: Manuscript Cultures of the Ismaili Communities and Beyond. xv, 481 pp. London: I.B. Tauris in association with the Institute of Ismaili Studies, 2022.
decisive light on this question. This constitutes an important research agenda for future work on these papyri. The second part of the book delves into the literary sources on the early history of the office. Lists and biographies of early qāḍīs appear relatively late in the literature, but the material they contain displays a remarkable degree of verisimilitude. The judges they depict are neither saints nor villains, and they practise a law that sometimes diverges in significant ways from later accepted legal norms. On the basis of his summary analysis, Tillier concludes that we can reconstruct the existence of and practices of qāḍīs in the first half of the eighth century. He then proceeds to construct an image of the judge from the ground up, in as differentiated a manner as possible, shedding light on such questions as where the judge held court in different cities, how litigants petitioned the court, where they were placed within it, and what other officials served the court under the qāḍī. In the final part of the book, Tillier turns to the question of the “origin” of the office of the qāḍī. Previous studies (such as Tyan’s, or von Grunebaum’s 1939 review of Tyan in JAOS, or the work of Crone and Hallaq on Islamic law in general) have generally posited a particular pre-Islamic source of Islamic institutions. Tillier argues convincingly, first, that our knowledge of late antique law in the Near East is too patchy to allow us to discern exactly the kinds of legal cultures the Arab conquerors inherited and, second, that what we do know suggests that the process was not one of simple adoption but rather of the complex and gradual construction of a unified legal system that included existing elements but integrated them into a novel system with a high degree of homogeneity across the provinces. Tillier’s reading of the literary and documentary evidence is diligent, and his conclusions are restrained, thoughtful, and convincing. They pose a refreshing contrast with more flamboyant and speculative accounts of early legal institutions (such as Jokisch’s in his Islamic Imperial Law and Crone’s in her Roman Provincial Law). Its lack of sensationalism, combined with the fact that it is written in French, has unfortunately limited the impact of the book on the field. The language barrier, at least, has now been to some degree removed by the availability of an open-access online version of the book (at https://books.openedition.org/psorbonne/36105?lang) that yields a decent automatic translation into English – good enough, in my experience, to use in the classroom. Tillier’s work shows what legal history can look like when the sources are considered holistically in their variety. Much has been achieved by Tillier, much more remains to be done in this important area.
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来源期刊
CiteScore
0.80
自引率
25.00%
发文量
69
期刊介绍: The Bulletin of the School of Oriental and African Studies is the leading interdisciplinary journal on Asia, Africa and the Near and Middle East. It carries unparalleled coverage of the languages, cultures and civilisations of these regions from ancient times to the present. Publishing articles, review articles, notes and communications of the highest academic standard, it also features an extensive and influential reviews section and an annual index. Published for the School of Oriental and African Studies.
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