We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
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 the Middle Ages kingdoms could nominally reach very far, although kings typically did not have more resources than the most powerful feudal lords. Their mystical, sacred power ensured their right to rule over vast lands. The king obtained these attributes during the coronation, during which he simultaneously had to subjugate himself to the pope and the emperor. The coronation was an anchoring representant that enacted the God-given hierarchy in the cathedral: the laity was in the nave, the king in between the laity and the clergy, and the archbishop as the representative of the pope performed the unction with the holy balm through which the sacred entered the ceremony. It was the universal monarchy on stage. To rid themselves of papal and imperial superiority, while simultaneously maintaining their standing above feudal lords, kings modified the coronation and adapted other representants. This fundamental struggle led to a change in the early modern European order. During the Reformation, iconoclasms destroyed Catholic representants that upheld the hierarchical order. Simultaneously, kings adapted and repurposed existing Catholic representants for their own needs. The resulting dynastic divine right absolutism resembled the authority of pope and emperor, but it was territorially constrained.
The study of Ottoman rural history presents challenges in terms of both the sources available and the themes that are common to the entire empire. Researchers are particularly dependent on government administrative sources, and must make an effort to complement these with local court archives, foreign consular correspondence, and provincial chronicles if available. The principal themes these sources evoke are ultimately usually linked to revenue extraction, whether by state officials or by local notables acting on behalf of the state, making the history of Ottoman ruralism indissociable from the discussion of power relations and economic production. The main particularity of Ottoman rural history is the prominent role of pastoral nomadism and the resulting importance of tribal forms of social organization.
This chapter discusses the most famous hypothesis about the development of property law: that Western social evolution was determined by a passage “from slavery to feudalism,” from the ownership of humans in the slave economies of Antiquity to the ownership of land in the feudal economies of the Middle Ages. That hypothesis was embraced by Marx, Weber, Bloch, and many others, but has been rejected today, because it rested on claims about economic history that have been proven dubious. The chapter argues that there was truth in the classical hypothesis, but that it should be reinterpreted as an account of transformation in the legal imagination. The chapter investigates the origins of the classic theories, and makes the case that the classic thinkers erred by mistaking the imaginative orientations in the legal sources for the economic realities.
Today we think of land as the paradigmatic example of property, while in the past, the paradigmatic example was often a slave. In this seminal work, James Q. Whitman asserts that there is no natural form of ownership. Whitman dives deep into the long Western history of this transformation in the legal imagination – the transformation from the ownership of humans and other living creatures to the ownership of land. This change extended over many centuries, coming to fruition only on the threshold of the modern era. It brought with it profound changes, not only in the way we understand ownership but also in the way we understand the state. Its most dramatic consequence arrived in the nineteenth century, with the final disappearance of the lawful private ownership of humans, which had been taken for granted for thousands of years.
A graph superimposes the growth–decline curves of major Stirrup Rider Empires, from 600 to 1200. While being a major advance in horse riding, the stirrup just offers a short term for the intermediary phase of Rider Empires. Expansion of Islamic Caliphate was the towering event. It surpassed the Xiongnu area record. Apart from Tang, Tufan in Tibet, Liao, and Seljuk, all other medieval empires remained of modest size. In population, Song in 1125 briefly reached 38% of the world population – the largest percentage any empire has ever reached. The Caliphate altered the language mix throughout North Africa, introducing the Arabic. The Seljuks did so from Central Asia to Anatolia, introducing Turkic. The Caliphate clashed with Tang in Central Asia in 751. The forces of an empire reaching to the Atlantic Ocean confronted for the first time those of an empire that reached to the Pacific. Neither realized the momentousness of this skirmish. Western Europe developed feudalism, a maddeningly complex multistranded hierarchical order, which does away with single territorial authority.
The iconic image of the knight on horseback represents just one facet of the horse’s imprint on legal, political, and social systems developing in medieval Iberian society. This chapter argues that historical and bodily relations with horses shaped the negotiation of social status and the administration of territory during the dynamic periods of peace, conflict, and negotiation among Iberian kingdoms in the tenth to fifteenth centuries. Defining the set of practices, ideals, and institutional hierarchies making up an Iberian "culture of the horse” brings to light a fundamental tension in which the horse served as both an agent of control and a means to disrupt power relations.
The long evolution that had been transforming the Iberian economy since the fifth century found its excipient in the Islamic invasion at the beginning of the eighth century. A consequence was the division of the peninsula into two parts separated by a territorial strip as a border. In the south side, the Muslim al-Andalus settled new population, generally repeating its tribal and traditional structure; applied changes in the tenure and exploitation of agricultural systems; and consolidated the preeminence of urban centres. On this basis it was established a monetary economy connected to the political and social evolution of Mediterranean Islam, applying economic policies that involved public expenditure, taxation and market regulation. Meanwhile, in the northern side, the Christian kingdoms and counties were strengthened thanks to the increase of agrarian land, including the absorption of the border strip. From the eleventh century onwards, feudal structures favoured the kingdoms and counties expansion over the Muslim south. Urban capitals articulated the new territories, at the same time that the Camino de Santiago attracted European immigration which promoted urban activities. Commercial development linked to centres beyond the Pyrenees and, through the Mediterranean, to urban centres of Provence and Italy.
The period between the eleventh and fifteenth centuries was a phase of profound political and economic mutation for the Iberian Peninsula, in the context of which the confluence of expansionist processes dictated the emergence and reconfiguration of different political maps. This chapter seeks to trace the general evolution of the different political models that took shape in the Iberian Peninsula throughout this period, as well as to characterize the action of the institutions responsible for defining the foundations of an economic policy. To this end, the chapter is divided into two parts. The first one focuses on the evolution of the space controlled by the Muslims, looking at transversal aspects of economic policy and the implications deriving from the development of the territory. The second part focuses on the study of Christian institutions, on the construction of the Iberian kingdoms, and highlights the role of the monarchies and political institutions in the establishment of the economy and on the transition from a war-based economy to an economy where the market and trade assume a growing importance.
This chapter explores the constitutional ramifications of the French Revolution’s transformation of the old regime of property. It reinterprets the abolition of feudalism as part of the revolutionaries’ larger attempt to draw a conceptual and legal line of demarcation between property and power. Their double aim was to make property truly private by stripping from it all attributes of public authority and to make power truly public by eliminating its former patrimonial characteristics. The attempt to implement this demarcation in practice was still underway decades after the Revolution had formally ended feudalism. Over time, it largely succeeded. From this distinction between property and power flowed some of the key conceptual binaries – the political and social, state and society, public and private, sovereignty and property – through which we still apprehend the world. The abolition of feudalism was thus much more than simply the eradication of an archaic form of property. Rather, it played an essential role in shaping the conceptual building blocks from which modernity was built.
It was during the reign of Henry II (1154–89) that royal justice was available to anyone could bring their case within a certain formula, known as a writ. This is discussed in Chapter 5, ‘The Father of the Common Law (c.1154–1215)’, the title of which refers to the title often bestowed upon Henry II, the first monarch from the House of Plantagenet. The chapter focuses on the development of the writ system during and in the aftermath of Henry’s reign in relation to what we now call land law and whether this marked a move to centralisation that replaced the feudal system. The chapter begins by examining the Becket controversy but will then move on to argue that it is for other developments that Henry Plantagenet’s reign should be remembered. The second part of this chapter explored the developments to the legal system that occurred during this reign and that allowed for a common law to develop and be regularised. The final section will explore in detail the origins of the writ system, following Maitland’s legendary account of The Forms of Action as well as the revisions and criticisms put forward by Milsom.
This chapter explores the effect of the Norman Conquest as well as looking at the developments during the Norman period as a whole during the reigns of William I (1066–87), William II (1087–1100), Henry I (1100–35) and Stephen (1135–54). It falls into three sections. The first provides an overview of the main effects of 1066 in terms of law and order. The second and main section then discusses in detail what is often considered to be the most significant development under the Normans, the feudal system, and how this impacted upon law and order. Feudalism actually undermined the development of a common law by feudal lords presiding over their own feudal courts for their tenants. The king’s law and protection was only afforded to his own personal tenants. The third section then focuses upon two aspects that are often overlooked in accounts of the effect of the Conquest: the effect of the Norman era upon the position of slaves and women. The importance of the later Norman kings will be the focus of the conclusion.
Chapter 4 looks specifically at the reorganisation of military power in this period, which is closely related to the declining power of aristocracies. The rise of the modern state and its monopoly of legitimate force made militaries and law enforcement bureaucratic functions of the state, rather than localised privileges of divided nobilities. The pacification of the nobilities, the subduing of their traditions of martial competition to the modern state, opens up the scope for the more civil forms of competition. The ‘wild’ can now be replaced by the ‘domesticated’.
The Introduction argues that the common scholarly terms feudalism, lordship, state-building, bureaucracy, officeholding and government all promote a misleading narrative about Europe’s transition from the medieval to the modern period. To better understand how power and authority functioned at the local level, it is essential to focus on the people who provided protection and exercised justice – and to recognize how little their corrupt practices changed between 750 and 1800. At the center of this study is the position of advocate (Latin: advocatus; German: Vogt), which emerged in the Carolingian period. Advocates then proliferated, especially in the German-speaking lands, and were responsible for providing protection and exercising justice on ecclesiastical estates, in some towns and even for entire regions. Examining how advocates profited from their positions across a millennium offers the opportunity to reassess the standard narrative of European political progress and to rethink the concepts we rely on to tell that story.
Whereas the presence of class divisions in the larger Ionian islands has been well studied, the character of society in smaller Ithaca under Latin rule has been largely ignored. This article examines the evidence for social structures in Ithaca before and after its Venetian capture. Under the rule of the Tocco, the only nobles on Ithaca were the Galati, a family granted privileges for service to the court. The continuation of these privileges into the Venetian period was an exception in a society conditioned by a new agricultural economy following the resettlement of the island in 1504. This article shows how the development of the new economy did eventually allow for inequalities in the mass population to develop, though these were limited by the small size of the island's agricultural economy. The evolution of these structures reflected the tension between the feudal legacy of the Tocco period and the new economy conditioned by the Venetian resettlement. Yet the economic divisions of Venetian Ithaca were not recognized by the state as formal classes.
The Romans adaptation of Greek philosophy was illustrated by the Stoics and Epicureans. The Stoics held that humanity is determined by the fates of nature, while the Epicureans believed that happiness came from seeking pleasure and avoiding pain. Plato was revived by Plotinus and dominated Roman philosophy during the early years of Christianity. Both the missionary zeal of early Christians and the tranquility of Roman administration rapidly spread Christianity. The teachings of Jesus were bolstered by defenders, who gave Christianity form and content. St. Augustine successfully reinterpreted Platonic thought within Christian theology, and the consequent influence on psychology continued well beyond. With the fall of the Western empire, intellectual life came to a virtual halt, and only the monastic movement preserved remnants of Greek and Roman civilization. The papacy assumed a leading role in spiritual direction and civil administration. The power shift to the East saw the Byzantine Empire assume a distinctive Greek character. The rise of Islam threatened the survival of Christianity in the Middle East and in North Africa. But, at the same time, much of the Greek heritage of scholarship was preserved and extended in the great academic centers of medieval Islam.
The state that evolved under the second Pahlavi monarch featured rapid economic development and persistent political underdevelopment. Especially from the 1950s onward, when the amount of oil revenues coming into the economy increased significantly compared with before, the economy began showing classic signs of the “resource curse.” As is often the case, resource curse – that is, the negative consequences of overabundance of a single commodity and the riches accrued from it to the economy – had manifold ramifications for Iran. As the economy grew, reliance on its single, biggest source of growth, oil, deepened greatly. This occurred at the expense of other sectors of the economy, especially agriculture. It also hastened rural flight, resulted in unplanned urban growth, and brought about maladjustments between economic needs on the one hand and resources, skills, and opportunities on the other. More detrimentally, it froze or significantly slowed down any transition out of rentier arrangements and strengthened existing institutions and practices where they were. The state may have fostered economic development, but it remained politically underdeveloped itself.
On Christmas Day in the year 800 CE, Charlemagne, the king of the Franks and the Lombards, and father of at least eighteen children, was crowned ‘Emperor of the Romans’ by Pope Leo III at Old St Peter’s Basilica in Rome. Charlemagne thereby united most of Western Europe under his rule, a vast area home to between 10 and 20 million people.1 Almost all of these people lived in the countryside.
The reason for this was that, after the fall of the Roman Empire in the fifth century CE, Western Europe was characterised by conflict, population decline and de-urbanisation (the movement of people from the cities to rural areas). The Romans, of course, were known for their prosperous cities. A visitor to Rome today can still see the impressive ancient architecture of the Palatine Hill, the Forum, the Colosseum, and the Pantheon.
Chapter 3 shows how stewards of the princes of Orange-Nassau employed a specific money of account, the Artois pound, to manage land, livestock, and corvée labour across the family’s fifty domains, one of which was the lordship of Bredevoort. The Artois pound was not minted as coins, and nobody in Bredevoort used it to make or receive payments. As an accounting convention, it only existed as ink on slips of paper and in bound volumes and thus required constant scribal labour to be valuable. The stewards’ trained eyes and hands parsed the multiplicity of Bredevoort’s coins, animals, grains, and labour into homogeneous money objects that had currency across the entire accounting system, but not beyond. As the chapter shows, such a system using homogeneous money was also imagined by the mathematician and engineer Simon Stevin, and while he failed to install double-entry bookkeeping in the domains of the Orange-Nassau family, the stewards shared his ideals of surveillance and profit. A series of instructions provided the script for the audit rituals that were performed year after year and that left their traces on the pages of the accounts.
This chapter examines J. S. Mill’s writings on universal history, beginning with his reviews of Jules Michelet, François Guizot, and Henry Buckle, and ending with Alexis de Tocqueville’s prophetic account of democracy and Mill’s timely socialism. Barrell argues that we must take seriously the two historical perspectives from which Mill theorised politics: the first looked to the special causes which determined the timeliness or untimeliness of a given doctrine, reform, or phenomenon, while the latter looked to general causes and the region of ultimate aims. The first depended logically on the second. Any attempt to historicise the study of politics – by making laws relative to time and place, for example – must reckon with civilisation’s provisional trends. The debate surrounding Mill’s universalism and relativism, Barrell concludes, can be helpfully understood in these terms. While Mill’s argument is difficult to credulously follow, his intentions were clear: general and special circumstances always coexisted, and because they coexisted the past was both irreducibly distinct and uniform in its development. One consequence of this intellectual remapping might be to re-establish continuities between the eighteenth and nineteenth centuries, in keeping with Mill’s self-professed eclecticism.
The consolidation of French kingship in the 13th century was accomplished by a group of jurists – the legists – trained in the Civil Law and ready to imagine their ruler as princeps after the Roman model. No longer simply a feudal suzerain, Philip the Fair would assert his legal authority against provincial lords, against the head of the Roman Church (Boniface VIII), and against whoever would possess the imperial throne. Although described as legibus solutus by his legal counsel, Philip remained dependent on the material resources possessed by his most powerful vassals, by the church orders and by his bankers, all of whom were learning to invoke their dominium proprietatis against the dominium iurisdictionis of their king.