In October, the University of Wisconsin Press will release “The Lima Inquisition:
The Plight of Crypto-Jews in Seventeenth-Century Peru,” by Ana E. Schaposchnik (DePaul University). The publisher’s description follows:
The Holy Office of the Inquisition (a royal tribunal that addressed issues of heresy and offenses to morality) was established in Peru in 1570 and operated there until 1820. In this book, Ana E. Schaposchnik provides a deeply researched history of the Inquisition’s Lima Tribunal, focusing in particular on the cases of persons put under trial for crypto-Judaism in Lima during the 1600s.
Delving deeply into the records of the Lima Tribunal, Schaposchnik brings to light the experiences and perspectives of the prisoners in the cells and torture chambers, as well as the regulations and institutional procedures of the inquisitors. She looks closely at how the lives of the accused—and in some cases the circumstances of their deaths—were shaped by actions of the Inquisition on both sides of the Atlantic. She explores the prisoners’ lives before and after their incarcerations and reveals the variety and character of prisoners’ religiosity, as portrayed in the Inquisition’s own sources. She also uncovers individual and collective strategies of the prisoners and their supporters to stall trials, confuse tribunal members, and attempt to ameliorate or at least delay the most extreme effects of the trial of faith.
The Lima Inquisition also includes a detailed analysis of the 1639 Auto General de Fe ceremony of public penance and execution, tracing the agendas of individual inquisitors, the transition that occurred when punishment and surveillance were brought out of hidden dungeons and into public spaces, and the exposure of the condemned and their plight to an avid and awestricken audience. Schaposchnik contends that the Lima Tribunal’s goal, more than volume or frequency in punishing heretics, was to discipline and shape culture in Peru.
In November, Brill will release “Legal Maxims in Islamic Criminal Law: Theory and Applications” by Luqman Zakariyah (International Islamic University Malaysia). The publisher’s description follows:
Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law (maqāṣid al-Sharī‘ah), generally. Included in this examination are the following maxims: al-Umūr bi-Maqāṣidihā (“Matters shall be Judged by their Objectives”); al-Yaqīn lā Yazūl bi-sh-Shakk (“Certainty Cannot be Overruled by Doubt”); al-Mashaqqa Tajlib at-Taysīr (“Hardship begets Facility”); Lā Ḍarar wa-lā Ḍirār (“No Injury or Harm shall be Inflicted or Reciprocated”); and al-ʿĀda Muḥakkama (“Custom is Authoritative”).
In October, the University of Exeter Press will release “Hadith, Piety, and Law: Selected Studies,” by Christopher Melchert (Oxford University). The publisher’s description follows:
The publication of The Formation of the Sunni Schools of Law, Ninth-Tenth Centuries C.E., first as a University of Pennsylvania doctoral dissertation in 1992, and subsequently as a monograph in 1997 (Studies in Islamic Law and Society, Brill), established Christopher Melchert as a pre-eminent scholar of the history of Islamic law and institutions. Through close readings of works on fiqh, meticulous unpacking of data in biographical dictionaries, and careful attention to curricular, pious, pedagogical, and scholarly practices, Melchert has subsequently illuminated the processes and procedures that undergirded the development of Islamic movements and institutions in the formative period of Islam.
The present volume brings together sixteen of his articles, including those considered his most important as well as ones that are difficult to access. Originally published between 1997 and 2014, they are arranged chronologically under three rubrics – hadith, piety and law. The material is presented in a new format, updated by Melchert where appropriate, and indexed. The appearance of these articles together in a single volume makes this book a highly significant and welcome contribution to the field of classical Islamic Studies.
In September, Cambridge University Press will release “Jewish Law and Contemporary Issues” by J. David Bleich (Yeshiva University) and Arthur J. Jacobson (Yeshiva University). The publisher’s description follows:
Organized as a series of authoritative discussions, this book presents the application of Jewish law – or Halakhah – to contemporary social and political issues. Beginning with the principle of divine revelation, it describes the contents and canons of interpretation of Jewish law. Though divinely received, the law must still be interpreted and “completed” by human minds, often leading to the conundrum of divergent but equally authentic interpretations. Examining topics from divorce to war and from rabbinic confidentiality to cloning, this book carefully delineates the issues presented in each case, showing the various positions taken by rabbinic scholars, clarifying areas of divergence, and analyzing reasons for disagreement. Written by widely-recognized scholars of both Jewish and secular law, this book will be an invaluable source for all who seek authoritative guidance in understanding traditional Jewish law and practice.
In August, Ashgate will release “Legal Pluralism in the Holy City: Competing Courts, Forum Shopping, and Institutional Dynamics in Jerusalem” by Ido Shahar (University of Haifa, Israel). The publisher’s description follows:
This book provides an unprecedented portrayal of a lively shari’a court in contemporary West Jerusalem, which belongs to the Israeli legal system but serves Palestinian residents of the eastern part of the city. It draws a rich picture of an intriguing institution, operating in an environment marked by legal pluralism and by exceptional political and cultural tensions. The book suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population.
Based on participant observations in the studied court as well as on textual and legal analyses of court cases and rulings, the study combines history and ethnography, diachronic and synchronic perspectives, and examines broad, macro-political processes as well as micro-level interactions.
The book offers fresh perspectives on the phenomenon of legal pluralism, on shari’a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The work is a valuable resource for academics and researchers working in the areas of Legal Pluralism, Islamic Law, and socio-legal history of the Middle East.
On Thursday, I’ll be appearing on a panel at the annual ICON-S conference on Public Law, to be held this year at New York University. The conference is sponsored by the International Journal of Constitutional Law, and draws scholars from around the world. My panel, “The Foundation of an Uncertain Law,” will discuss Cambridge’s new collection of commentary on the jurisprudence of Pope Benedict XVI, Pope Benedict XVI’s Legal Thought: A Dialogue on the Foundation of Law (Cartabia & Simoncini eds. 2014). Other panelists include Michel Rosenfeld (Yeshiva), Ran Hirschl (Toronto), and John Garvey (Catholic University of America). The panel will be moderated by Sabino Cassese, formerly of the Italian Constitutional Court. CLR Forum readers at the conference, please stop by and say hello!
Earlier this year, the New York University Press released “Disagreements of the Jurists: A Manual of Islamic Legal Theory,” by Al-Qadi al-Nuʿman, edited and translated by Devin Stewart (Emory University). The publisher’s description follows:
Al-Qadi al-Nuʿman was the chief legal theorist and ideologue of the North African Fatimid dynasty in the tenth century. This translation makes available in English for the first time his major work on Islamic legal theory, which presents a legal model in support of the Fatimids’ principle of legitimate rule over the Islamic community. Composed as part of a grand project to establish the theoretical bases of the official Fatimid legal school, Disagreements of the Jurists expounds a distinctly Shiʿi system of hermeneutics, which refutes the methods of legal interpretation adopted by Sunni jurists.
The work begins with a discussion of the historical causes of jurisprudential divergence in the first Islamic centuries, and goes on to address, point by point, the specific interpretive methods of Sunni legal theory, arguing that they are both illegitimate and ineffective. While its immediate mission is to pave the foundation of the legal Ismaʿili tradition, the text also preserves several Islamic legal theoretical works no longer extant—including Ibn Dawud’s manual, al-Wusul ila maʿrifat al-usul—and thus throws light on a critical stage in the historical development of Islamic legal theory (usul al-fiqh) that would otherwise be lost to history.
In July, Edward Elgar Publishing will release “Islam and the Law of Armed Conflict: Essential Readings” edited by Niaz A. Shah (University of Hull, UK). The publisher’s description follows:
This important collection reveals a multiplicity of perspectives on the Islamic law of war and peace. Prefaced by an original introduction, the carefully selected works demonstrate how the concept of Jihad is interpreted or misinterpreted. They also examine the rules applicable during the conduct of armed conflict and the significance of peace and security within Islamic tradition. The collection provides valuable insights into the compatibility of the Islamic law of war and peace and the law of armed conflict, demonstrating how the former could minimise unnecessary human suffering during armed conflict. This book is an essential source of reference for everyone interested in this vital relationship.
In July, Ashgate will release “Religion and Legal Pluralism” edited by Russell Sandberg (Cardiff University, UK). The publisher’s description follows:
In recent years, there have been a number of concerns about the recognition of religious laws and the existence of religious courts and tribunals. There has also been the growing literature on legal pluralism which seeks to understand how more than one legal system can and should exist within one social space. However, whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognized by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.
In June, Oxford University Press will release “Canon Law and Episcopal Authority: The Canons of Antioch and Serdica” by Christopher Stephens (University of Roehampton). The publisher’s description follows:
Christopher W. B. Stephens focuses on canon law as the starting point for a new interpretation of divisions between East and West in the Church after the death of Constantine the Great. He challenges the common assumption that bishops split between “Nicenes” and “non-Nicenes,” “Arians” or “Eusebians.” Instead, he argues that questions of doctrine took second place to disputes about the status of individual bishops and broader issues of the role of ecclesiastical councils, the nature of episcopal authority, and in particular the supremacy of the bishop of Rome.
Canon law allows the author to offer a fresh understanding of the purposes of councils in the East after 337, particularly the famed Dedication Council of 341 and the western meeting of the council of Serdica and the canon law written there, which elevated the bishop of Rome to an authority above all other bishops. Investigating the laws they wrote, the author describes the power struggles taking place in the years following 337 as bishops sought to elevate their status and grasp the opportunity for the absolute form of leadership Constantine had embodied.
Combining a close study of the laws and events of this period with broader reflections on the nature of power and authority in the Church and the increasingly important role of canon law, the book offers a fresh narrative of one of the most significant periods in the development of the Church as an institution and of the bishop as a leader.