scholarly journals Mir'at al-Tullab by Syeikh Abdul Rauf Singkel: A Preliminary Study of Manuscripts Kept in the Special Collections, Leiden University Library

2013 ◽  
Vol 26 (2) ◽  
pp. 119-138
Author(s):  
Jelani Harun ◽  
Keyword(s):  
Seventeenth Century ◽  
Criminal Law ◽  
Islamic Law ◽  
Commercial Law ◽  
University Library ◽  
Special Collections ◽  
History Of ◽  
Preliminary Study ◽  
Basic Features

Mir’at al-Tullab by Syeikh Abdul Rauf Singkel is one of the masterpieces in the history of Malay writing in Aceh. The work written in 1661 demonstrates knowledge of Shari’ah law including the subjects on commercial law, matrimonial law and criminal law. The major idea that runs through the whole work is that of the role of sultan and ulama in preserving Islamic laws of the state. The importance of Mir’at al-Tullab is reflected in the large number of manuscripts that are available. In spite of its importance, there is still a lack of studies of the work especially those based on several Jawi manuscripts that are known to exist in Leiden University Library. This article is a preliminary study of five manuscripts of Mir’at al-Tullab kept in the Special Collections, Leiden University Library, and to identify basic features of the Islamic laws in Aceh in the mid-seventeenth century based on the manuscripts. Mir’at al-Tullab portray an early example of the implementation of Islamic law in Aceh as to replace the adat law practices that existed before. Keywords: Mir’at al-Tullab, Syeikh Abdul Rauf Singkel, history of Malay, Islamic law, manuscripts

Muscovy and the Tatars

2020 ◽  
Vol 54 (4) ◽  
pp. 403-431
Author(s):  
Bulat R. Rakhimzianov
Keyword(s):  
Seventeenth Century ◽  
Social Institutions ◽  
The Political ◽  
East European ◽  
Central Eurasia ◽  
History Of ◽  
Mutual Relations ◽  
Forest Line ◽  
The Relationship

Abstract This article explores relations between Muscovy and the so-called Later Golden Horde successor states that existed during the fifteenth and sixteenth centuries on the territory of Desht-i Qipchaq (the Qipchaq Steppe, a part of the East European steppe bounded roughly by the Oskol and Tobol rivers, the steppe-forest line, and the Caspian and Aral Seas). As a part of, and later a successor to, the Juchid ulus (also known as the Golden Horde), Muscovy adopted a number of its political and social institutions. The most crucial events in the almost six-century-long history of relations between Muscovy and the Tatars (13–18th centuries) were the Mongol invasion of the Northern, Eastern and parts of the Southern Rus’ principalities between 1237 and 1241, and the Muscovite annexation of the Kazan and Astrakhan khanates between 1552 and 1556. According to the model proposed here, the Tatars began as the dominant partner in these mutual relations; however, from the beginning of the seventeenth century this role was gradually inverted. Indicators of a change in the relationship between the Muscovite grand principality and the Golden Horde can be found in the diplomatic contacts between Muscovy and the Tatar khanates. The main goal of the article is to reveal the changing position of Muscovy within the system of the Later Golden Horde successor states. An additional goal is to revisit the role of the Tatar khanates in the political history of Central Eurasia in the fifteenth and sixteenth centuries.

scholarly journals The Historical Role of Leviticus 25 in Naturalizing Anti-Black Racism

Religions ◽  
2021 ◽  
Vol 12 (8) ◽  
pp. 570
Author(s):  
James W. Watts
Keyword(s):  
Seventeenth Century ◽  
Early Modern ◽  
High Probability ◽  
Middle Eastern ◽  
American Colonies ◽  
History Of ◽  
Historical Role ◽  
Permanent Property

Leviticus 25:39–46 describes a two-tier model of slavery that distinguishes Israelites from foreign slaves. It requires that Israelites be indentured only temporarily while foreigners can be enslaved as chattel (permanent property). This model resembles the distinction between White indentured slaves and Black chattel slaves in the American colonies. However, the biblical influence on these early modern practices has been obscured by the rarity of citations of Lev. 25:39–46 in sixteenth- and seventeenth-century sources about slavery. This article reviews the history of slavery from ancient Middle Eastern antiquity through the seventeenth century to show the unique degree to which early modern institutions resembled the biblical model. It then exposes widespread knowledge of Leviticus 25 in early modern political and economic debates. Demonstrating this awareness shows with high probability that colonial cultures presupposed the two-tier model of slavery in Leviticus 25:39–46 to naturalize and justify their different treatment of White indentured slaves and Black chattel slaves.

scholarly journals Revaluing Mimeographs as Historical Sources

2014 ◽  
Vol 15 (1) ◽  
pp. 40-55
Author(s):  
E. Haven Hawley
Keyword(s):  
Cultural Heritage ◽  
20Th Century ◽  
Social Experience ◽  
Technical Process ◽  
Historical Sources ◽  
Special Collections ◽  
History Of ◽  
Diverse Groups

Curators are partners with printing historians, collectors, and conservators, as well as with communities, in selecting, preserving, and interpreting cultural heritage. Uncovering the role of a technology such as mimeography reveals more than a history of a specific machine or technical process. It secures a better understanding about social experience by authenticating accounts about how diverse groups communicated with their own communities and to others. Special collections professionals need to be archaeologists to recover evidence from and to best preserve 20th-century publications. Current tools for studying recent print artifacts are insufficient. Thus, collaborating to generate methods for analysis is an . . .

scholarly journals The History of the Development of the French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Economic Crime ◽  
Penal Code ◽  
Criminal Prosecution ◽  
History Of ◽  
The Law ◽  
Legal Entities

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.

Negligence

2019 ◽  
pp. 427-450
Author(s):  
John Baker
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
General Principle ◽  
Duty Of Care ◽  
Reasonable Care ◽  
History Of

This chapter traces the history of negligence in tort. The role of fault in the action of trespass vi et armis is somewhat speculative, since the relevant facts were hidden from courts by the plea of Not Guilty. But the concept of inevitable accident seems to be predicated on negligence. Negligence is more visible in actions on the case, though the earliest examples were contractual in essence. The first signs of a distinct tort of negligence, where there was no contract or custom imposing liability, appear in the seventeenth century, and in the next century there emerges a general principle that everyone must take reasonable care not to injure his neighbour. The duty of care was gradually enlarged between the eighteenth century and the present, especially with the removal of obstacles connected with the principle volenti non fit injuria and with the old notion that trespass would not lie for words.

Crypto-Christianity and Religious Amphibianism in the Ottoman Balkans

2020 ◽  
pp. 55-67
Author(s):  
Noel Malcolm
Keyword(s):  
Seventeenth Century ◽  
Islamic Law ◽  
Economic Incentive ◽  
Roman Catholicism ◽  
Catholic Priests ◽  
History Of ◽  
Nineteenth And Twentieth Centuries ◽  
Ottoman Balkans ◽  
Tax Payers ◽  
The Church

Christianity—secret adherence to Christian religious practices by people who outwardly professed Islam—is known to have occurred in several parts of the Ottoman Empire; this essay concerns the crypto-Christians of Kosovo, who were very unusual in adhering to Roman Catholicism. Distinctions are made here between crypto-Christianity and a range of other practices or circumstances that have been partly confused with it in previous accounts: the fact of close social coexistence between Muslims and Christians; the existence of religious syncretism, which allowed the borrowing and sharing of some ritual practices; and the principle of ‘theological equivalentism’ (the claim, made by some Muslims, that each person could be saved in his or her own faith). These things were not the same as crypto-Christianity, but they involved different kinds of religious ‘amphibianism’, creating conditions in which crypto-Christianity could survive more easily. The story of Catholic crypto-Christianity in Kosovo and northern Albania begins with reports from Catholic priests in the seventeenth century. Contributory factors seem to have been the economic incentive for men to convert to Islam to escape the taxes on Christians, and the fact that women (who were not tax-payers) could remain Christian, as Christian wives were permitted under Islamic law. This essay then traces the history of the crypto-Catholics of Kosovo, who survived, despite the strong official disapproval of the Church, into the nineteenth and twentieth centuries.

The Role of Numeracy in the History of Economic Analysis

1994 ◽  
Vol 16 (2) ◽  
pp. 188-201 ◽  
Author(s):  
Ingrid H. Rima
Keyword(s):  
Political Economy ◽  
Seventeenth Century ◽  
Economic Analysis ◽  
Historical Perspective ◽  
Qualitative Approach ◽  
Popular View ◽  
History Of

The popular view among many contemporary economists is that our predecessors were literate but not numerate. Their myopia is curious to those who have the benefit of greater historical perspective. Many early practitioners of political economy can be credited with recognizing that, by their very nature, the problems in which they were interested required them to measure, quantify and enumerate. From the seventeenth century onwards, inquiring minds had already learned to distrust information and ideas that derived from the then traditional qualitative approach to science, which described the sensations associated with objects and events. William Petty's Political Arithmetic is a case in point; it aimed not simply to record and describe reality in terms of

Predestination and freedom in Milton's Paradise Lost

2006 ◽  
Vol 59 (1) ◽  
pp. 64-80
Author(s):  
Benjamin Myers
Keyword(s):  
Seventeenth Century ◽  
Paradise Lost ◽  
Decisive Role ◽  
Human Freedom ◽  
Fluid Sphere ◽  
Human Beings ◽  
Epic Poem ◽  
Human Decision ◽  
History Of

John Milton's epic poem Paradise Lost (1667) offers a highly creative seventeenth-century reconstruction of the doctrine of predestination, a reconstruction which both anticipates modern theological developments and sheds important light on the history of predestinarian thought. Moving beyond the framework of post-Reformation controversies, the poem emphasises both the freedom and the universality of electing grace, and the eternally decisive role of human freedom in salvation. The poem erases the distinction between an eternal election of some human beings and an eternal rejection of others, portraying reprobation instead as the temporal self-condemnation of those who wilfully reject their own election and so exclude themselves from salvation. While election is grounded in the gracious will of God, reprobation is thus grounded in the fluid sphere of human decision. Highlighting this sphere of human decision, the poem depicts the freedom of human beings to actualise the future as itself the object of divine predestination. While presenting its own unique vision of predestination, Paradise Lost thus moves towards the influential and distinctively modern formulations of later thinkers like Schleiermacher and Barth.

The Debate about methodus medendi during the Second Half of the Seventeenth Century in England

2013 ◽  
Vol 18 (4-5) ◽  
pp. 339-359 ◽  
Author(s):  
Claire Crignon
Keyword(s):  
Seventeenth Century ◽  
Comparative Anatomy ◽  
Medical Knowledge ◽  
The Body ◽  
Ancient Medicine ◽  
History Of ◽  
Definition Of ◽  
Ancient Philosopher ◽  
Active Investigation

Following a recent trend in the field of the history of philosophy and medicine, this paper stresses the necessity of recognizing empiricism’s patent indebtedness to the sciences of the body. While the tribute paid to the Hippocratic method of observation in the work of Thomas Sydenham is well known, it seems necessary to take into account a trend more critical of ancient medicine developed by followers of chemical medicine who considered the doctrine of elements and humours to be a typical example of the idols that hinder the improvement of medical knowledge and defend the necessity of experimentation (comparative anatomy, dissection, autopsy, chemical analysis of bodies). In light of the fact that modern discoveries (blood circulation, the lymphatic system, theory of fevers) resulted in a “new frame of human nature,” they developed a critical reading of ancient empiricism. As a consequence, we can distinguish between two distinct anti-speculative traditions in the genesis of philosophical empiricism. The first (which includes Bacon, Boyle and Willis) recommends an active investigation into nature and refers to the figure of Democritus, the ancient philosopher who devoted himself to the dissection of beasts. Defenders of this first tradition refuse point-blank to be called ‘empiricists’, a label which had a very negative meaning during the seventeenth century, when it was used to dismiss charlatans and quacks. The other tradition (including Sydenham and Locke), stressing as it does the role of description and observation, is more sceptical of the ability of dissection or anatomy to give us access to causes of diseases. This later tradition comes closer to the definition of ancient empiricism and to the figure of Hippocrates.


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