Showing posts with label classics. Show all posts
Showing posts with label classics. Show all posts

Tuesday, December 3, 2024

New book traces royal Achaean lineage in legal history

Ugo Stornaiolo Silva has published a new book, Achaean Disputes: Eight Centuries of Succession Conflicts for the Title of Prince of Achaea.

Here is the précis from the book jacket:

This study delves into the intricate succession landscape surrounding the medieval title of Prince of Achaea and the older associated dignity of King and Despot of Asia Minor, tracing their historical roots, and assessing its contemporary status if ever reclaimed by the Damalas family, senior direct-line heirs to the Genoese Zaccaria dynasty, last sovereign house to have used it as rulers of Achaea.

The multidisciplinary research method used incorporates the review of recent genealogical studies, analysis of historical sources and medieval accounts, like the Chronicle of Morea and the Chronicle of the Tocco, to establish the title's nature, antiquity and succession history, and the application of historical Roman, Byzantine and Frankish Greek feudal law (the Assizes of Romania, in particular) to assess the legitimacy of competing claims for the title over time, particularly within the Zaccaria family and later by the Tocco lineage, and ultimately of modern comparative nobiliary law and elements of private law to discuss its theoretical rehabilitation in favor of the Damalas descendants of the Zaccaria Princes of Achaea.

Stornaiolo, an Ecuadorean lawyer and my friend, colleague, and once student, is a true "Renaissance man." He has researched and written on economics for the Mises Institute and on society for The Libertarian Catholic. He holds two master's degrees in law, from Université d'Orléans and Catholic University of America. Stornaiolo visited my comparative law class via Zoom in 2023 to speak on the development of the Ecuadorean Constitutional Court, the subject of a previous book. He also writes poetry. This latest book draws on his expertise in law and classical studies. He lives presently in Kraków, Poland, where we reconnected in person last week.

Saturday, August 3, 2024

New book examines 'rise of classical legal thought' through experience of South Asia, British Empire

Professor Chaudhry
UMass Law
Professor Faisal Chaudhry has published a book on history and the development of classical legal thought.

South Asia, the British Empire, and the Rise of Classical Legal Thought: Toward a Historical Ontology of Law (2024) is available now from Oxford University Press. Here is the publisher's description:

This book delves into the legal history of colonial governance in South Asia, spanning the period from 1757 to the early 20th century. It traces a notable shift in the way sovereignty, land control, and legal rectification were conceptualized, particularly after 1858. During the early phase of the rule of the East India Company, the focus was on 'the laws' that influenced the administration of justice rather than 'the law' as a comprehensive normative system. The Company's perspective emphasized absolute property rights, particularly concerning land rent, rather than physical control over land. This viewpoint was expressed through the obligation of revenue payment, with property existing somewhat outside the realm of law. This early colonial South Asian legal framework differed significantly from the Anglo-common law tradition, which had already developed a unified and physical concept of property rights as a distinct legal form by the late 18th century. It was only after the transfer of authority from the Company to the British Crown, along with other shifts in the imperial political economy, that the conditions were ripe for 'the law' to emerge as an autonomous and fundamental institutional concept. One of the contributing factors to this transformation was the emergence of classical legal thought. Under Crown rule, two distinct forms of discourse contributed to reshaping the legal ontology around the globalized notion of 'the law' as an independent concept. The book, adopting a historical approach to jurisprudence, categorizes these forms as doctrinal discourse, which could articulate propositions of the law with practical and administrative qualities, and ordinary language discourse, which conveyed ideas about the law, including in the public domain.

Professor Chaudhry is a valued colleague of mine. I admire his critical and historical approach to first-year property, with which he complements my social and economic emphases in teaching torts.