To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
In 1917, an Arabic treatise was published by the recently inaugurated Daudi Bohra dāʿī al-muṭlaq (chief cleric), Tahir Sayf al-Din (r. 1915–65). In the work, entitled Dawʾ Nur al-Haqq al-Mubin (The Brilliance of the Light of Transparent Truth), the dāʿī not only underscored his monopoly of religious interpretation in the Daudi Bohra community, but also engaged in a series of jibes against Sunnis and Shiʿis.1 As the book gained a wider readership beyond the confines of the Daudi Bohra community, several cities in Gujarat were beset by public campaigns against the dāʿī and his followers. Handbills in Gujarati and Urdu were disseminated challenging the dāʿī to a disputation and calling for his censure. Arabic, Persian, and Urdu fatwas were also penned castigating the dāʿī for engaging in what his detractors regarded as takfīr (excommunication).
In recent decades, the ascent of the “Persianate world” paradigm has prompted a major revival in the study of Persian sources in and on South Asia, while at the same time building on Marshall Hodgson's capacious original conception of the Persianate as being more than Persian per se by including “more local languages of high culture that … depended upon Persian wholly or in part for their prime literary inspiration.” While this has been an extraordinarily productive cycle of scholarship, it has also coincided and perhaps contributed to the longstanding occlusion of South Asia's Arabic tradition. A single bibliographical citation may serve to illustrate the stark contrast to the Persianate publishing boom: the last English-language book-length survey of “the contribution of India to Arabic” was completed as long ago as 1929.
Many scholars have addressed the 1967 war in their studies, exploring its origins and aftermath, mostly in the context of diplomacy, the military, or regional and Cold War politics. Studies dealing with the war's repercussions on social, intellectual, and cultural life in Egypt are substantial as well. Yet the scholarship dedicated primarily to the study of emotions on the heels of the war remains scarce and disproportionate to the magnitude of the defeat. By juxtaposing films such as al-Ard (The Land, 1970), al-Ikhtiyar (The Choice, 1971), and al-ʿUsfur (The Sparrow, 1974), all directed by Egyptian filmmaker Youssef Chahine, with contemporaneous essays, films, songs, interviews, and the press, I examine the different emotional responses of Chahine and, by extension and association, Egyptian cineasts and critics on the heels of the defeat, tracing their change between June 1967 and October 1973, when Egypt retaliated by launching an attack on Israeli positions in the Sinai Peninsula, and their possible connection to the existing understandings of the defeat at the time.
Within the medieval Catholic Church, the term ‘clandestine betrothal’ was associated with the absence of witnesses, solemnities, and other formalities. Parental consent was not a legal requirement for betrothal or marriage, which was based on the free decision of the spouses. However, Martin Luther held that the will of the parties was not sufficient, because the couple was joined by God, and God’s will was reflected in parental consent. Luther intended the parents to be a public authority, and he therefore proposed a different definition of clandestine marriage that combined the absence of witnesses with the lack of parental approval. Medieval canonists had enumerated numerous types of clandestine betrothal. However, in their treatises, the jurists Johannes Schneidewin, Conrad Mauser, and Joachim von Beust translated Luther’s definition into legal terms, reducing the types of clandestine betrothal to only two. The first type, absence of witnesses, continued to be regulated by canon law, with some exceptions. The second, lack of parental approval, was governed by Roman law reinterpreted according to Scripture. Cardinal Bellarmine criticized this definition as confused, prompting the Lutheran theologians Paul Tarnov and Johann Gerhard to reply that ‘clandestine’ had acquired a new meaning: violation of the law imposing parental approval.
This article argues that American jurists fashioned new understandings about the capacity of states to legislate about marriage through regulating the intimate lives of enslaved and newly freed individuals. This article does so through analyzing the creation and impact of a little-studied 1809 law in New York that legalized the marriages of enslaved people—while individuals were still enslaved—as part of the state's process of gradual emancipation, which occurred from 1799 to 1827. In New York, by legalizing enslaved people's marriages, jurists privatized financial liabilities within soon-to-be freed families. The law stood at odds with national juridical understanding about marital regulation. Jurists in the early republic were uncertain about whether states could legislate about matrimony. Southern states after the Civil War then cited and replicated New York's logic in legislating to legalize the marriages of freedpeople, similarly privatizing financial claims within families. In the cases of both New York and national emancipation, jurists, in choosing privatization, foreclosed possibilities for a different or broader vision of state support for freedpeople, such as reparations. After making marital laws about slavery, both New York and Southern states created and/or tightened their marriage laws, further inscribing understandings of the marital family into American governance. This piece contributes to historiographies of slavery, the American state, and intimacy.
Medieval Bruges was an important international economic hub in the late Middle Ages. Similar to other luxury goods, manuscripts produced in Bruges were intended for both local and international audiences. This article scrutinizes the specific urban context of Bruges as a multilingual contact zone focusing on quantitative data of extant manuscripts and case-studies of professional and non-professional book production. The dominance of francophone manuscripts in a Dutch-speaking town is noteworthy and called for an actively bilingual community of book professionals. Furthermore, the social competition of locally embedded social groups (court, merchants, craft guilds) influenced language choice as well. Both ‘official’ production of books for trade by professional writers and librarians, and the ‘private’ multilingual literary accomplishments of Bruges city-dwellers, illustrate the multilingual dynamics of urban contacts in Bruges.
Hermann Kantorowicz crossed the Atlantic twice: to take up a visiting professorship at Columbia Law School in the summer of 1927, and to find refuge at New York's University in Exile in 1933/1934. Between his first and second stay, the German-Jewish émigré changed his mind about America and its law fundamentally. While he had—patronizingly—praised his US colleagues for “catch[ing] up… intellectually” in 1927, he accused them of “destroy[ing] the Law itself” in 1934. Reconstructing Kantorowicz's change of heart, my article uncovers just how open the transatlantic 1930s still were in jurisprudential matters. As leader of the so-called “free law” movement, Kantorowicz had sparked a turn to “life” in German legal science in the years before World War I. Throughout the 1920s, he had then watched contentedly, as American “realist” scholars drew on free law ideas for their own critical projects. By 1934, however, Kantorowicz could not help but notice parallels between New Deal and Nazi law. To his mind, both Roosevelt's and Hitler's jurists had started turning his moderate free law ideas into a radical—and dangerous—legal nihilism: in designating law as life's only source, they shunned scientific legal methods. In light of these concerns, my article excavates life-law's delicate suspension between peril and potential. My sources reveal a striking, triangular relationship between German free law, American legal realism, and Nazi life-jurisprudence.
This article examines interstate competitions over “Syrians” whose legal status as Ottoman subjects was not yet terminated by a peace treaty at the end of World War I. Focusing mainly on occupied Istanbul, it traces French efforts to protect or bring Syrians back home to a “Syria.” Given that Syria was still in the making, the stakes here were high and determined postwar reconfigurations that connected Istanbul and Beirut. I argue that competition over Syrians in occupied Istanbul—especially the wealthier and those with military experience—proved critical in the construction of new diplomatic and legal significance accorded to the categories of “Syria” and “Syrian” in the early 20th century. In addition to offering new insights into the dismantling of the Ottoman Empire, the article historicizes projections of imperial influence after World War I and sheds new light on the foundations of French mandate rule in Syria and Lebanon.
Before 1859, the right of any member of the public to abate a public nuisance existed unchallenged in American law as a judicially recognized form of popular justice. In that year, the decision in Brown v. Perkins, authored by Massachusetts Chief Justice Lemuel Shaw, restricted the right to those who had suffered particular injury. The decision grew out of a suit for damages by the owner of an illegal saloon, which had been sacked by a local mob. Reversing what Shaw himself had said in his charge to the jury in the same suit in the preceding year, it had little grounding in earlier American case law. Shaw's prestige and the apparent demands of public policy, however, helped win courts over to the new doctrine in relatively short order. The change was most enthusiastically promoted by judges and scholars of conservative leanings disturbed by the threat of popular excess and most resisted by those of more radical inclinations. It paralleled American law's broader shift in the same period toward centralized regulation and the constitutionalization of rights and powers.
Individuals often deem market transactions in sex, human organs and surrogacy, among others, repugnant. Repugnance norms can be explained by appealing to social-status concerns. We study an exchange economy in which agents abhor consumption dominance: one’s social status is compromised if one consumes less of every good than someone else does. Dominance may be forestalled by partitioning goods into submarkets and then invoking the repugnance norms that proscribe trade across these submarkets. Dominance may also be forestalled if individuals strategically ‘overconsume’ some goods, interpreted as emergent status goods. When equilibria are multiple, there is scope for welfare-enhancing policies that coordinate on status goods.
Self-borrowing and Rossini: music theatre scholars are well acquainted with this topic. Many publications have been dedicated to it, most of which concentrate on compositional-analytic aspects, the artistic and communicational nature of self-borrowing and its reception in nineteenth-century periodicals. At present, however, no study has attempted to question the relation between Rossini's self-borrowings and the critical edition of his works. This is the issue to which this contribution is dedicated.
Beginning with the operating indications summarized by the editorial criteria provided for the Edizione critica delle opere di Gioachino Rossini – first published in 1974, and revised and updated in 2015 – this study compares the various methodological approaches adopted while preparing critical editions and dealing with the specific features of each passage in which self-borrowing appears. This comparison furthermore allows us to formulate a general overview of the entire editorial undertaking. This in turn will give us a glimpse of how principles such as the autograph's centrality and concepts such as authenticity and originality have often become problematic and have been put into question. Knowing that Rossini often rewrote the pieces he self-borrowed is fundamental for philologists working on the critical edition of his works. Decoding the modus operandi Rossini adopted in each case of self-borrowing is therefore equally important, and can help choose the sources closest to Rossini's idea of the self-borrowed pieces at the time of their reuse.
Standardisation is often touted as the default means to improve attitudes towards minoritised languages and prevent/reverse their obsolescence. However, standardisation can ‘tamper’ with the indexicalities of minoritised languages, potentially alienating their speakers. Two aspects of standardisation stand out as particularly problematic: the shift from ‘ideologies of authenticity’ to ‘ideologies of anonymity’ (Woolard 2016), and the resulting introduction/intensification of prescriptivism (Eckert 1983). Although much literature focuses on the irreconcilable nature of these ideologies, I show that their discursive manifestations are neither clear-cut nor always incompatible. First, I analyse a TV debate on the standardisation of Martinican Creole (MC), in which the fault-line between authenticity and anonymity is blurred and partially overcome. Next, I draw on a Martinican activist's Instagram profile to show how various discursive strategies and a positive take on language variation can help promote MC as an ‘anonymous’ language without forgoing its ‘authenticity’ or openly stigmatising spontaneous practices. (Minoritised languages, Creoles, Martinique, maintenance, standardisation, ideologies of authenticity, anonymity, prescriptivism, purism, Abstand)*