Formal Legal Code List
A viewset for viewing and editing Formal Legal Codes.
GET /api/sc/formal-legal-codes/?format=api&page=7
{ "count": 509, "next": "https://seshat-db.com/api/sc/formal-legal-codes/?format=api&page=8", "previous": "https://seshat-db.com/api/sc/formal-legal-codes/?format=api&page=6", "results": [ { "id": 301, "polity": { "id": 165, "name": "tr_neo_hittite_k", "long_name": "Neo-Hittite Kingdoms", "start_year": -1180, "end_year": -900 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Coded present for New Kingdom of Hatti (predecessor). \"Carchemish and probably Malatya apparently continued from their Late Bronze Age predecessors with little or no interruption.\"§REF§(Bryce 2012, 63)§REF§ Tabal region (Konya Plain): \"There is nothing in the material record to indicate that it was significantly affected by the upheavals at the end of the Late Bronze Age, or by the collapse of the Hittite empire. Certainly there is no evidence of a shift of peoples from it in this period.\" §REF§(Bryce 2002, 43)§REF§" }, { "id": 302, "polity": { "id": 173, "name": "tr_ottoman_emirate", "long_name": "Ottoman Emirate", "start_year": 1299, "end_year": 1402 }, "year_from": 1299, "year_to": 1325, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": "Law at this stage was dominated by tribal custom rather than religious authorities.§REF§(Shaw 1976)§REF§ It was Mehmet II who \"promulgated the first systematic legal codes dealing with the organization of the state and the obligations of subjects.\" §REF§(Lapidus 2012, 439)§REF§<br>But there is the huge corpus of islamic law integrated into the Ottoman realm during this period.§REF§Personal communication. Johannes Preiser-Kapeller. 2016. Institute for Medieval Research. Division of Byzantine Research. Austrian Academy of Sciences.§REF§<br><i>Coded switchover at time capital moved to Bursa.</i>" }, { "id": 303, "polity": { "id": 173, "name": "tr_ottoman_emirate", "long_name": "Ottoman Emirate", "start_year": 1299, "end_year": 1402 }, "year_from": 1325, "year_to": 1402, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Law at this stage was dominated by tribal custom rather than religious authorities.§REF§(Shaw 1976)§REF§ It was Mehmet II who \"promulgated the first systematic legal codes dealing with the organization of the state and the obligations of subjects.\" §REF§(Lapidus 2012, 439)§REF§<br>But there is the huge corpus of islamic law integrated into the Ottoman realm during this period.§REF§Personal communication. Johannes Preiser-Kapeller. 2016. Institute for Medieval Research. Division of Byzantine Research. Austrian Academy of Sciences.§REF§<br><i>Coded switchover at time capital moved to Bursa.</i>" }, { "id": 304, "polity": { "id": 174, "name": "tr_ottoman_emp_1", "long_name": "Ottoman Empire I", "start_year": 1402, "end_year": 1517 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " From 15th century Ottomans had secular law called kanun which coexisted with the religious law, shari'a.§REF§(Imber 2002, 244) Imber, Colin. 2002. The Ottoman Empire, 1300-1650. The Structure of Power. PalgraveMacmillan. Basingstoke.§REF§<br>\"Kanun regulated areas where the provisions of the sacred law were either missing or too much at at odds with reality to be applicable. These, in the Ottoman Empire as in other Islamic polities, were above all in the areas of criminal law, land tenure, and taxation. The origins of the secular law lay in custom, and it was long usage that in the first place gave it legitimacy.\" §REF§(Imber 2002, 244) Imber, Colin. 2002. The Ottoman Empire, 1300-1650. The Structure of Power. PalgraveMacmillan. Basingstoke.§REF§<br>Justice system was the seriat, Islamic law, decided by the ulema religious establishment. §REF§(Palmer 1992)§REF§<br>Mehmet II \"promulgated the first systematic legal codes dealing with the organization of the state and the obligations of subjects.\" §REF§(Ira Lapidus with Lena Salaymeh 2012, 442)§REF§<br>\"In matters of government administration, Ottomman law applied to all subjects, but in matters of family and business law, it applied only to Muslims. Non-Muslims had their own communal law and courts. In practice, however, Jews and Christians commonly had recourse to Ottoman courts in order to assure enforcement, or to have state guarantees for commercial and property transactions, or to win an advantage in marital and inheritance disputes.\" §REF§(Lapidus 2012, 442)§REF§" }, { "id": 305, "polity": { "id": 175, "name": "tr_ottoman_emp_2", "long_name": "Ottoman Empire II", "start_year": 1517, "end_year": 1683 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " From 15th century Ottomans had secular law called kanun which coexisted with the religious law, shari'a.§REF§(Imber 2002, 244) Imber, Colin. 2002. The Ottoman Empire, 1300-1650. The Structure of Power. PalgraveMacmillan. Basingstoke.§REF§<br>\"Kanun regulated areas where the provisions of the sacred law were either missing or too much at at odds with reality to be applicable. These, in the Ottoman Empire as in other Islamic polities, were above all in the areas of criminal law, land tenure, and taxation. The origins of the secular law lay in custom, and it was long usage that in the first place gave it legitimacy.\" §REF§(Imber 2002, 244) Imber, Colin. 2002. The Ottoman Empire, 1300-1650. The Structure of Power. PalgraveMacmillan. Basingstoke.§REF§<br>Justice system was the seriat, Islamic law, decided by the ulema religious establishment. §REF§(Palmer 1992)§REF§<br>Mehmet II \"promulgated the first systematic legal codes dealing with the organization of the state and the obligations of subjects.\" §REF§(Ira Lapidus with Lena Salaymeh 2012, 442)§REF§<br>\"In matters of government administration, Ottomman law applied to all subjects, but in matters of family and business law, it applied only to Muslims. Non-Muslims had their own communal law and courts. In practice, however, Jews and Christians commonly had recourse to Ottoman courts in order to assure enforcement, or to have state guarantees for commercial and property transactions, or to win an advantage in marital and inheritance disputes.\" §REF§(Lapidus 2012, 442)§REF§" }, { "id": 306, "polity": { "id": 176, "name": "tr_ottoman_emp_3", "long_name": "Ottoman Empire III", "start_year": 1683, "end_year": 1839 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " From 15th century Ottomans had secular law called kanun which coexisted with the religious law, shari'a.§REF§(Imber 2002, 244) Imber, Colin. 2002. The Ottoman Empire, 1300-1650. The Structure of Power. PalgraveMacmillan. Basingstoke.§REF§<br>\"Kanun regulated areas where the provisions of the sacred law were either missing or too much at at odds with reality to be applicable. These, in the Ottoman Empire as in other Islamic polities, were above all in the areas of criminal law, land tenure, and taxation. The origins of the secular law lay in custom, and it was long usage that in the first place gave it legitimacy.\" §REF§(Imber 2002, 244) Imber, Colin. 2002. The Ottoman Empire, 1300-1650. The Structure of Power. PalgraveMacmillan. Basingstoke.§REF§<br>Justice system was the seriat, Islamic law, decided by the ulema religious establishment. §REF§(Palmer 1992)§REF§<br>Mehmet II \"promulgated the first systematic legal codes dealing with the organization of the state and the obligations of subjects.\" §REF§(Ira Lapidus with Lena Salaymeh 2012, 442)§REF§<br>\"In matters of government administration, Ottomman law applied to all subjects, but in matters of family and business law, it applied only to Muslims. Non-Muslims had their own communal law and courts. In practice, however, Jews and Christians commonly had recourse to Ottoman courts in order to assure enforcement, or to have state guarantees for commercial and property transactions, or to win an advantage in marital and inheritance disputes.\" §REF§(Lapidus 2012, 442)§REF§" }, { "id": 307, "polity": { "id": 71, "name": "tr_roman_dominate", "long_name": "Roman Empire - Dominate", "start_year": 285, "end_year": 394 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " A formal legal code was first founded in the Twelve Tables of 450-449 BCE. Law thereafter was based on precedent. Our sources of knowledge of Roman law include the forensic speeches of Cicero; the Institutes of Gaius textbook (from 160 CE); and, much later, the sixth century CE Corpus Ius Civilis of Justinian. Wax tablets and papyri (contracts and wills etc.) also provide information on Roman law. §REF§(Tellegen-Couperus, 2002, 66)§REF§ However, before this time restrictions on funerary extravagance, from the start of the 6th century, may suggest the Twelve Tables laws (of the Early Republic) codified an existing body of law and legal practices. §REF§(Cornell 1995, 106)§REF§<br>Writing c200 CE \"Papinian, perhaps the authority on law most respected in late antiquity, listed the sources of the ius civile as statutes (leges), popular resolutions (plebiscita), senatorial enactments (senatusconsulta), decrees of emperors (decreta principum) and the authoritative pronouncements of men learned in law, the jurists (auctoritas prudentium). To these was added the ius honorarium, the law contained in the Edict of the praetor, who, under the Republic and Early Empire administered law in Rome; this form of law derived its name from the praetor's magistracy (honos) and was held to 'assist, supplement or amend' the ius civile.\".§REF§(Harries 2001, 11) Harries, Jill. 2001. Law and Empire in Late Antiquity. Cambridge University Press. Cambridge.§REF§<br>Under-Diocletian, Codex Gregorianus (291 CE) - which contained constitutions and rescripts from Hadrian to Diocletian - and Codex Hermogenianus (c295 CE) - which contained supplementary material - became semi-official collections of law. Their authors had access to imperial chancery and the codes were considered authoritative by courts. §REF§(Mousourakis 2007, 179)§REF§ Throughout the imperial period a new body of law called ius novum developed §REF§(<a class=\"external free\" href=\"http://www.oxfordreference.com/view/10.1093/acref/9780195369380.001.0001/acref-9780195369380-e-1151\" rel=\"nofollow\">http://www.oxfordreference.com/view/10.1093/acref/9780195369380.001.0001/acref-9780195369380-e-1151</a>)§REF§ under the influence of Christianity which replaced the ius vetus. However, law-making was in general unstructured and confused. In 435 CE a commission was appointed to collate all constitutions since Constantine (numbering 3000 constitutions from 312 to 438 CE). The new compendium was published in 438 CE as Codex Theodosianus. §REF§(Mousourakis 2007, 181)§REF§ Private law (e.g. family law) came increasingly under the jurisdiction of the Christian church. §REF§(Mousourakis 2007, 161)§REF§<br>During this period Mousourakis believes the Emperor's law-making powers grew substantially<br>Emperor was the source of all laws and the interpretation of the laws. By fourth century CE, \"sovereignty of the Roman people deemed to be transferred to the emperor, who existed as the sole authority in all spheres of government: legislative, administrative, judicial, military\".§REF§(Mousourakis 2007)§REF§<br>Jurisprudence plummeted as Emperor became sole source of law. §REF§(Mousourakis 2007)§REF§<br>ius civile and ius honararium became no longer distinct §REF§(Mousourakis 2007)§REF§<br>There was a move away from law by precedent (previous cases) to law by general rules §REF§(Mousourakis 2007)§REF§<br>\"Judges had lost the freedom and even the ability to engage in creative thinking and form independent judgements.\" §REF§(Mousourakis 2007, 163)§REF§" }, { "id": 308, "polity": { "id": 171, "name": "tr_rum_sultanate", "long_name": "Rum Sultanate", "start_year": 1077, "end_year": 1307 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Sharia law." }, { "id": 309, "polity": { "id": 32, "name": "us_cahokia_1", "long_name": "Cahokia - Lohman-Stirling", "start_year": 1050, "end_year": 1199 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "unknown", "comment": null, "description": " \"formal adjudication structures were also present, but it is not clear what these might have been.\"§REF§(Kelly 2014, 22)§REF§" }, { "id": 310, "polity": { "id": 33, "name": "us_cahokia_2", "long_name": "Cahokia - Moorehead", "start_year": 1200, "end_year": 1275 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "unknown", "comment": null, "description": " \"formal adjudication structures were also present, but it is not clear what these might have been.\"§REF§(Kelly 2014, 22)§REF§" }, { "id": 311, "polity": { "id": 30, "name": "us_early_illinois_confederation", "long_name": "Early Illinois Confederation", "start_year": 1640, "end_year": 1717 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": " \"The statute-book, the judiciary, and courts of law with their prisons and instruments of punishment, were unknown\" §REF§J. Monette, History of the discovery and settlement of the valley of the Mississippi, by the three great European powers, Spain, France, and Great Britain (1971 [c. 1846]), p. 191§REF§." }, { "id": 312, "polity": { "id": 101, "name": "us_haudenosaunee_1", "long_name": "Haudenosaunee Confederacy - Early", "start_year": 1566, "end_year": 1713 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": true, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " According to L.H. Morgan, there was no formal penal code: 'Crimes and offences were so unfrequent under their social system, that the Iroquois can scarcely be said to have had a criminal code. Yet there were certain misdemeanors which fell under the judicial cognizance of the sachems, and were punished by them in proportion to their magnitude. Witchcraft was punishable with death. Any person could take the life of a witch when discovered in the act. If this was not done, a council was called, and the witch arraigned before it, in the presence of the accuser. A full confession, with a promise of amendment, secured a discharge. But if the accusation was denied, witnesses were called and examined concerning the circumstances of the case; and if they established the charge to the satisfaction of the council, which they rarely failed to do, condemnation followed, with a sentence of death. The witch was then delivered over to such executioners as volunteered for the purpose, and by them was led away to punishment. After the decision of the council, the relatives of the witch gave him up to his doom without a murmur.' §REF§Morgan, Lewis Henry, and Herbert M. Lloyd 1901. “League Of The Ho-De’-No-Sau-Nee Or Iroquois. Vol. I”, 321§REF§ But according to Lyford, there was an orally transmitted constitution validated by wampum beads: 'The League of the Iroquois was governed by a carefully worked out constitution that was transmitted orally from one generation to another by certain leaders (lords or sachems) whose business it was to learn and to recite the laws and regulations. For many generations these laws and regulations were recorded in a collection of wampum belts and strings, twenty-five of which are preserved today in the New York State Museum, whose director has been proclaimed “the keeper of the wampums.”' §REF§Lyford, Carrie A. 1945. “Iroquois Crafts”, 9b§REF§ Expert feedback on the matter is needed." }, { "id": 313, "polity": { "id": 101, "name": "us_haudenosaunee_1", "long_name": "Haudenosaunee Confederacy - Early", "start_year": 1566, "end_year": 1713 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": true, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": " According to L.H. Morgan, there was no formal penal code: 'Crimes and offences were so unfrequent under their social system, that the Iroquois can scarcely be said to have had a criminal code. Yet there were certain misdemeanors which fell under the judicial cognizance of the sachems, and were punished by them in proportion to their magnitude. Witchcraft was punishable with death. Any person could take the life of a witch when discovered in the act. If this was not done, a council was called, and the witch arraigned before it, in the presence of the accuser. A full confession, with a promise of amendment, secured a discharge. But if the accusation was denied, witnesses were called and examined concerning the circumstances of the case; and if they established the charge to the satisfaction of the council, which they rarely failed to do, condemnation followed, with a sentence of death. The witch was then delivered over to such executioners as volunteered for the purpose, and by them was led away to punishment. After the decision of the council, the relatives of the witch gave him up to his doom without a murmur.' §REF§Morgan, Lewis Henry, and Herbert M. Lloyd 1901. “League Of The Ho-De’-No-Sau-Nee Or Iroquois. Vol. I”, 321§REF§ But according to Lyford, there was an orally transmitted constitution validated by wampum beads: 'The League of the Iroquois was governed by a carefully worked out constitution that was transmitted orally from one generation to another by certain leaders (lords or sachems) whose business it was to learn and to recite the laws and regulations. For many generations these laws and regulations were recorded in a collection of wampum belts and strings, twenty-five of which are preserved today in the New York State Museum, whose director has been proclaimed “the keeper of the wampums.”' §REF§Lyford, Carrie A. 1945. “Iroquois Crafts”, 9b§REF§ Expert feedback on the matter is needed." }, { "id": 314, "polity": { "id": 102, "name": "us_haudenosaunee_2", "long_name": "Haudenosaunee Confederacy - Late", "start_year": 1714, "end_year": 1848 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": true, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " According to L.H. Morgan, there was no formal penal code: 'Crimes and offences were so unfrequent under their social system, that the Iroquois can scarcely be said to have had a criminal code. Yet there were certain misdemeanors which fell under the judicial cognizance of the sachems, and were punished by them in proportion to their magnitude. Witchcraft was punishable with death. Any person could take the life of a witch when discovered in the act. If this was not done, a council was called, and the witch arraigned before it, in the presence of the accuser. A full confession, with a promise of amendment, secured a discharge. But if the accusation was denied, witnesses were called and examined concerning the circumstances of the case; and if they established the charge to the satisfaction of the council, which they rarely failed to do, condemnation followed, with a sentence of death. The witch was then delivered over to such executioners as volunteered for the purpose, and by them was led away to punishment. After the decision of the council, the relatives of the witch gave him up to his doom without a murmur.' §REF§Morgan, Lewis Henry, and Herbert M. Lloyd 1901. “League Of The Ho-De’-No-Sau-Nee Or Iroquois. Vol. I”, 321§REF§ But according to Lyford, there was an orally transmitted constitution validated by wampum beads: 'The League of the Iroquois was governed by a carefully worked out constitution that was transmitted orally from one generation to another by certain leaders (lords or sachems) whose business it was to learn and to recite the laws and regulations. For many generations these laws and regulations were recorded in a collection of wampum belts and strings, twenty-five of which are preserved today in the New York State Museum, whose director has been proclaimed “the keeper of the wampums.”' §REF§Lyford, Carrie A. 1945. “Iroquois Crafts”, 9b§REF§ During the reservation period, Iroquois law was subject to increasing formalization: 'Iroquois legal procedure during the reservation period was marked by the absence of symbols. Wampum which had extensive symbolic connotations, both in religious and civil procedures, was used in legal convocations only to convene the judicial body. In the longhouse, wampum validated the confessions of religious performers, but in the trials conducted by the Confederate Council no use of wampum was made to validate the testimony given by litigants. One instance was cited of a trial for murder being conducted in the provincial courts at Brantford wherein the accused, a Six Nations Indian, refused to take an oath upon the Bible and requested that the Council wampum be brought to court for the purpose of validating his oath. It may be suggested that writing had produced new legal symbols such as wills and quit claim deeds. The succeeding chapters will develop in detail the coordination of reservation society by the government of the Confederacy.' §REF§Noon, John A. 1949. “Law And Government Of The Grand River Iroquois”, 43§REF§ 'The legislative enactments of the Council represent in content an adequate means of coordinating reservation society with particular stress on the regulation of economic activity. The formulation of laws does not of itself assure the coordination of societal activity. Ethical values, as a rule, are not at issue in regulatory legislation, and deprived of the weight of ethical sanction, their enforcement depends heavily upon compulsive mechanisms. The Council, by exercise of its appointive powers, had created an adequate personnel to enforce its legislation. If any weakness existed, it was the neglect to include in their legislation the penalties to be assessed against violators.' §REF§Noon, John A. 1949. “Law And Government Of The Grand River Iroquois”, 59§REF§ But according to Campisi, local decision-making still heavily relied on communal deliberation rather than formal law, although the legal texts used by Canadian and American authorities became more and more relevant to reservation life: 'The council of sachems exercised little power on thereservation, its primary function being to mediate disputes.Issues of general concern were handled in openmeetings at which all band members were eligible toparticipate. Issues were discussed until the band membersarrived at a general agreement or consensus. Failing this,the issue was simply set aside. After Canadian confederationin 1867 the Canadian Department of Indian Affairsexerted increased influence in the affairs of the Oneidas.When the general council of the Oneidas was unable to resolve an issue it was passed on by the agent, with hisdescription of the facts and sometimes a recommendation,to the department, which usually decided thequestion by applying the appropriate section of theIndian Act (A. Ricciardelli 1961:44-90).' §REF§Campisi, Jack 1978. “Oneida”, 488§REF§" }, { "id": 315, "polity": { "id": 102, "name": "us_haudenosaunee_2", "long_name": "Haudenosaunee Confederacy - Late", "start_year": 1714, "end_year": 1848 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": true, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": " According to L.H. Morgan, there was no formal penal code: 'Crimes and offences were so unfrequent under their social system, that the Iroquois can scarcely be said to have had a criminal code. Yet there were certain misdemeanors which fell under the judicial cognizance of the sachems, and were punished by them in proportion to their magnitude. Witchcraft was punishable with death. Any person could take the life of a witch when discovered in the act. If this was not done, a council was called, and the witch arraigned before it, in the presence of the accuser. A full confession, with a promise of amendment, secured a discharge. But if the accusation was denied, witnesses were called and examined concerning the circumstances of the case; and if they established the charge to the satisfaction of the council, which they rarely failed to do, condemnation followed, with a sentence of death. The witch was then delivered over to such executioners as volunteered for the purpose, and by them was led away to punishment. After the decision of the council, the relatives of the witch gave him up to his doom without a murmur.' §REF§Morgan, Lewis Henry, and Herbert M. Lloyd 1901. “League Of The Ho-De’-No-Sau-Nee Or Iroquois. Vol. I”, 321§REF§ But according to Lyford, there was an orally transmitted constitution validated by wampum beads: 'The League of the Iroquois was governed by a carefully worked out constitution that was transmitted orally from one generation to another by certain leaders (lords or sachems) whose business it was to learn and to recite the laws and regulations. For many generations these laws and regulations were recorded in a collection of wampum belts and strings, twenty-five of which are preserved today in the New York State Museum, whose director has been proclaimed “the keeper of the wampums.”' §REF§Lyford, Carrie A. 1945. “Iroquois Crafts”, 9b§REF§ During the reservation period, Iroquois law was subject to increasing formalization: 'Iroquois legal procedure during the reservation period was marked by the absence of symbols. Wampum which had extensive symbolic connotations, both in religious and civil procedures, was used in legal convocations only to convene the judicial body. In the longhouse, wampum validated the confessions of religious performers, but in the trials conducted by the Confederate Council no use of wampum was made to validate the testimony given by litigants. One instance was cited of a trial for murder being conducted in the provincial courts at Brantford wherein the accused, a Six Nations Indian, refused to take an oath upon the Bible and requested that the Council wampum be brought to court for the purpose of validating his oath. It may be suggested that writing had produced new legal symbols such as wills and quit claim deeds. The succeeding chapters will develop in detail the coordination of reservation society by the government of the Confederacy.' §REF§Noon, John A. 1949. “Law And Government Of The Grand River Iroquois”, 43§REF§ 'The legislative enactments of the Council represent in content an adequate means of coordinating reservation society with particular stress on the regulation of economic activity. The formulation of laws does not of itself assure the coordination of societal activity. Ethical values, as a rule, are not at issue in regulatory legislation, and deprived of the weight of ethical sanction, their enforcement depends heavily upon compulsive mechanisms. The Council, by exercise of its appointive powers, had created an adequate personnel to enforce its legislation. If any weakness existed, it was the neglect to include in their legislation the penalties to be assessed against violators.' §REF§Noon, John A. 1949. “Law And Government Of The Grand River Iroquois”, 59§REF§ But according to Campisi, local decision-making still heavily relied on communal deliberation rather than formal law, although the legal texts used by Canadian and American authorities became more and more relevant to reservation life: 'The council of sachems exercised little power on thereservation, its primary function being to mediate disputes.Issues of general concern were handled in openmeetings at which all band members were eligible toparticipate. Issues were discussed until the band membersarrived at a general agreement or consensus. Failing this,the issue was simply set aside. After Canadian confederationin 1867 the Canadian Department of Indian Affairsexerted increased influence in the affairs of the Oneidas.When the general council of the Oneidas was unable to resolve an issue it was passed on by the agent, with hisdescription of the facts and sometimes a recommendation,to the department, which usually decided thequestion by applying the appropriate section of theIndian Act (A. Ricciardelli 1961:44-90).' §REF§Campisi, Jack 1978. “Oneida”, 488§REF§" }, { "id": 316, "polity": { "id": 20, "name": "us_kamehameha_k", "long_name": "Kingdom of Hawaii - Kamehameha Period", "start_year": 1778, "end_year": 1819 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": " There was a body of customary law governing rights to water, fishing, and land§REF§Kuykendall, Ralph S. 1968[1938]. The Hawaiian Kingdom, Volume 1: 1778-1854, Foundation and Transformation. Honolulu: University of Hawaii Press. Pg. 10.§REF§. But there were no written records, so this legal code probably cannot be called ‘formal’." }, { "id": 317, "polity": { "id": 22, "name": "us_woodland_1", "long_name": "Cahokia - Early Woodland", "start_year": -600, "end_year": -150 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": null }, { "id": 318, "polity": { "id": 34, "name": "us_emergent_mississippian_2", "long_name": "Cahokia - Emergent Mississippian II", "start_year": 900, "end_year": 1049 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "unknown", "comment": null, "description": " \"formal adjudication structures were also present, but it is not clear what these might have been.\"§REF§(Kelly 2014, 22)§REF§" }, { "id": 319, "polity": { "id": 25, "name": "us_woodland_4", "long_name": "Cahokia - Late Woodland II", "start_year": 450, "end_year": 600 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": null }, { "id": 320, "polity": { "id": 23, "name": "us_woodland_2", "long_name": "Cahokia - Middle Woodland", "start_year": -150, "end_year": 300 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": null }, { "id": 321, "polity": { "id": 26, "name": "us_woodland_5", "long_name": "Cahokia - Late Woodland III", "start_year": 600, "end_year": 750 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": null }, { "id": 322, "polity": { "id": 24, "name": "us_woodland_3", "long_name": "Cahokia - Late Woodland I", "start_year": 300, "end_year": 450 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": null }, { "id": 323, "polity": { "id": 28, "name": "us_cahokia_3", "long_name": "Cahokia - Sand Prairie", "start_year": 1275, "end_year": 1400 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "unknown", "comment": null, "description": " \"formal adjudication structures were also present, but it is not clear what these might have been.\"§REF§(Kelly 2014, 22)§REF§" }, { "id": 324, "polity": { "id": 27, "name": "us_emergent_mississippian_1", "long_name": "Cahokia - Emergent Mississippian I", "start_year": 750, "end_year": 900 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": null }, { "id": 325, "polity": { "id": 29, "name": "us_oneota", "long_name": "Oneota", "start_year": 1400, "end_year": 1650 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": " Following polity: \"The statute-book, the judiciary, and courts of law with their prisons and instruments of punishment, were unknown\" §REF§J. Monette, History of the discovery and settlement of the valley of the Mississippi, by the three great European powers, Spain, France, and Great Britain (1971 [c. 1846]), p. 191§REF§." }, { "id": 326, "polity": { "id": 296, "name": "uz_chagatai_khanate", "long_name": "Chagatai Khanate", "start_year": 1227, "end_year": 1402 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": " Chagatai khans observed the yasaq §REF§(Grousset 1970, 341)§REF§. Hence the same applies as in the Mongol Empire: Morgan argues that the evidence does not support that claim that the Mongols had a written legal code - Chingiz Khan's 'Great Yasa'. He argues instead that they had \"a body of unwritten Mongol customary law\" and that Chingis' maxims or utterances were recorded and used in customary law. §REF§David Morgan, The Mongols (Oxford: Blackwell, 2nd ed. 2007), pp.85-87§REF§ There is also disagreement about how Mongol customary law and Shari'ia law may have co-existed in Muslim territories. Successful coexistence seems to depend on the particular Khan.§REF§1. Beatrice Forbes Manz, ‘The Rule of the Infidels: The Mongols and the Islamic World’, in David O. Morgan and Anthony Reid (eds), The New Cambridge History of Islam: Volume 3. The Eastern Islamic World, Eleventh to Eighteenth Centuries (Cambridge: Cambridge University Press, 2010), 161.§REF§" }, { "id": 327, "polity": { "id": 469, "name": "uz_janid_dyn", "long_name": "Khanate of Bukhara", "start_year": 1599, "end_year": 1747 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " \"An important place in the administration was occupied by the muhtasib (market inspector), whose task it was to ensure order in the market, to check the accuracy of weights and measures in the bazaar, to guarantee the quality and standard of goods, and also to ensure that the inhabitants observed practices enjoined by Muslim law.\" §REF§(Mukminova 2003, 53)§REF§" }, { "id": 328, "polity": { "id": 464, "name": "uz_koktepe_1", "long_name": "Koktepe I", "start_year": -1400, "end_year": -1000 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "unknown", "comment": null, "description": null }, { "id": 329, "polity": { "id": 287, "name": "uz_samanid_emp", "long_name": "Samanid Empire", "start_year": 819, "end_year": 999 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Samanid state had a department of justice.§REF§(Frye 1975, 144) Frye, Richard Nelson. 1975. The Cambridge History of Iran, Volume 4. Cambridge University Press. Cambridge.§REF§" }, { "id": 330, "polity": { "id": 468, "name": "uz_sogdiana_city_states", "long_name": "Sogdiana - City-States Period", "start_year": 604, "end_year": 711 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " \"The urban community, n’b—nàf, had rights of its own in Sogdiana. This is specified in the legal texts.\" §REF§(De la Vaissière 2005, 168)§REF§. A lawsuit is mentioned: \"Without mentioning the case of Maniakh, who mounted an expedition from the Altai to Byzantium, and to whom I will return at greater length below, it is enough to recall the case of Nanai-vandak, who wrote to Samarkand from Guzang/Wuwei, and to compare it with the lawsuit of the Cao family against the Chinese merchant Li of Chang’an: the range of activity in this instance was from Almalig, in the Ili valley north of the Tianshan, to Chang’an, which is not exactly local!\" §REF§(De la Vaissière 2005, 165)§REF§ \"The contract for the lease of the bridge at Panjikent shows that relatively complex legal and commercial formulae were in contemporary use in Sogdiana.\" §REF§(De la Vaissière 2005, 170-171)§REF§ \"On the other hand, we do not possess the texts of any Sogdian laws. We know of their existence from a reference in an inscription on the great painting of Samarkand, but nothing of them has reached us.44 Further to the south, Syriac texts have preserved scraps of the commercial regulations of the Sassanid Empire, and testify to a developed organization of commerce. A detailed jurisprudence made allowances for the risks of long-distance trade (shipwreck, fire, confiscations or plundering) in the rules of compensation in case of bankruptcy, organized the collective ownership of merchandise and the distribution of the shares in case of a separation of the partners, and fixed the rates of interest for merchants providing themselves with credit and counting on the profits from sales for their reim- bursement.45 We can only suppose the existence of such rules among the Sogdians, but the proofs are lacking.\" §REF§(De la Vaissière 2005, 171)§REF§" }, { "id": 331, "polity": { "id": 370, "name": "uz_timurid_emp", "long_name": "Timurid Empire", "start_year": 1370, "end_year": 1526 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "unknown", "comment": null, "description": null }, { "id": 332, "polity": { "id": 353, "name": "ye_himyar_1", "long_name": "Himyar I", "start_year": 270, "end_year": 340 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": true, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Some codified law may have existed for merchant activity.<br>Most law in south Arabia was tribal law, a customary law, determined by ancient practice. This could only be changed by \"paragons of tribal virtue, who won the approval of all, or by the consensus of all full members of the community meeting together.\"§REF§(Hoyland 2001, 121-122) Robert G Hoyland. 2001. Arabia and the Arabs: From the Bronze Age to the Coming of Islam. Routledge. London.§REF§<br>In south Arabia official edicts also were a source of law and could be made by 'the gods, via an oracle transcribed by their temple servants, and kings, in consultation with tribal councils\".§REF§(Hoyland 2001, 127) Robert G Hoyland. 2001. Arabia and the Arabs: From the Bronze Age to the Coming of Islam. Routledge. London.§REF§<br>Royal decrees were made by kings in the Ancient period of Saba (c800-450 CE) and by the Himyarites.§REF§(Korotayev 1996, 114) Andrey Vitalyevhich Korotayev. 1996. Pre-Islamic Yemen. Socio-political Organization of the Sabaean Cultural Area in the 2nd and 3rd Centuries AD. Harrassowitz Verlag. Wiesbaden.§REF§<br>Some codified law may have existed for merchant activity. \"The Mercantile Code of Qataban dates to about 110 BC and is a market proclamation designed to centralise trade in recognised markets, facilitate the collection of taxes and regulate prices. The code specifies that 'the King of Qataban has authority over all transactions and goods within his territory'. These powers allowed the king to set prices paid for cinnamon imports in Eudaimon [Aden] and Timna. The prices would be fixed so that royal agents could maximise the profits gained by selling state-owned stocks of the incoming aromatics.\"§REF§(McLaughlin 2014, 138-139) Raoul McLaughlin. 2014. The Roman Empire and the Indian Ocean: The Ancient World Economy and the Kingdoms of Africa, Arabia and India. Pen and Sword Military. Barnsley.§REF§" }, { "id": 333, "polity": { "id": 353, "name": "ye_himyar_1", "long_name": "Himyar I", "start_year": 270, "end_year": 340 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": true, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": " Some codified law may have existed for merchant activity.<br>Most law in south Arabia was tribal law, a customary law, determined by ancient practice. This could only be changed by \"paragons of tribal virtue, who won the approval of all, or by the consensus of all full members of the community meeting together.\"§REF§(Hoyland 2001, 121-122) Robert G Hoyland. 2001. Arabia and the Arabs: From the Bronze Age to the Coming of Islam. Routledge. London.§REF§<br>In south Arabia official edicts also were a source of law and could be made by 'the gods, via an oracle transcribed by their temple servants, and kings, in consultation with tribal councils\".§REF§(Hoyland 2001, 127) Robert G Hoyland. 2001. Arabia and the Arabs: From the Bronze Age to the Coming of Islam. Routledge. London.§REF§<br>Royal decrees were made by kings in the Ancient period of Saba (c800-450 CE) and by the Himyarites.§REF§(Korotayev 1996, 114) Andrey Vitalyevhich Korotayev. 1996. Pre-Islamic Yemen. Socio-political Organization of the Sabaean Cultural Area in the 2nd and 3rd Centuries AD. Harrassowitz Verlag. Wiesbaden.§REF§<br>Some codified law may have existed for merchant activity. \"The Mercantile Code of Qataban dates to about 110 BC and is a market proclamation designed to centralise trade in recognised markets, facilitate the collection of taxes and regulate prices. The code specifies that 'the King of Qataban has authority over all transactions and goods within his territory'. These powers allowed the king to set prices paid for cinnamon imports in Eudaimon [Aden] and Timna. The prices would be fixed so that royal agents could maximise the profits gained by selling state-owned stocks of the incoming aromatics.\"§REF§(McLaughlin 2014, 138-139) Raoul McLaughlin. 2014. The Roman Empire and the Indian Ocean: The Ancient World Economy and the Kingdoms of Africa, Arabia and India. Pen and Sword Military. Barnsley.§REF§" }, { "id": 334, "polity": { "id": 354, "name": "ye_himyar_2", "long_name": "Himyar II", "start_year": 378, "end_year": 525 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": true, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Some codified law may have existed for merchant activity.<br>Most law in south Arabia was tribal law, a customary law, determined by ancient practice. This could only be changed by \"paragons of tribal virtue, who won the approval of all, or by the consensus of all full members of the community meeting together.\"§REF§(Hoyland 2001, 121-122) Robert G Hoyland. 2001. Arabia and the Arabs: From the Bronze Age to the Coming of Islam. Routledge. London.§REF§<br>In south Arabia official edicts also were a source of law and could be made by 'the gods, via an oracle transcribed by their temple servants, and kings, in consultation with tribal councils\".§REF§(Hoyland 2001, 127) Robert G Hoyland. 2001. Arabia and the Arabs: From the Bronze Age to the Coming of Islam. Routledge. London.§REF§<br>Royal decrees were made by kings in the Ancient period of Saba (c800-450 CE) and by the Himyarites.§REF§(Korotayev 1996, 114) Andrey Vitalyevhich Korotayev. 1996. Pre-Islamic Yemen. Socio-political Organization of the Sabaean Cultural Area in the 2nd and 3rd Centuries AD. Harrassowitz Verlag. Wiesbaden.§REF§<br>Some codified law may have existed for merchant activity. \"The Mercantile Code of Qataban dates to about 110 BC and is a market proclamation designed to centralise trade in recognised markets, facilitate the collection of taxes and regulate prices. The code specifies that 'the King of Qataban has authority over all transactions and goods within his territory'. These powers allowed the king to set prices paid for cinnamon imports in Eudaimon [Aden] and Timna. The prices would be fixed so that royal agents could maximise the profits gained by selling state-owned stocks of the incoming aromatics.\"§REF§(McLaughlin 2014, 138-139) Raoul McLaughlin. 2014. The Roman Empire and the Indian Ocean: The Ancient World Economy and the Kingdoms of Africa, Arabia and India. Pen and Sword Military. Barnsley.§REF§" }, { "id": 335, "polity": { "id": 354, "name": "ye_himyar_2", "long_name": "Himyar II", "start_year": 378, "end_year": 525 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": true, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": " Some codified law may have existed for merchant activity.<br>Most law in south Arabia was tribal law, a customary law, determined by ancient practice. This could only be changed by \"paragons of tribal virtue, who won the approval of all, or by the consensus of all full members of the community meeting together.\"§REF§(Hoyland 2001, 121-122) Robert G Hoyland. 2001. Arabia and the Arabs: From the Bronze Age to the Coming of Islam. Routledge. London.§REF§<br>In south Arabia official edicts also were a source of law and could be made by 'the gods, via an oracle transcribed by their temple servants, and kings, in consultation with tribal councils\".§REF§(Hoyland 2001, 127) Robert G Hoyland. 2001. Arabia and the Arabs: From the Bronze Age to the Coming of Islam. Routledge. London.§REF§<br>Royal decrees were made by kings in the Ancient period of Saba (c800-450 CE) and by the Himyarites.§REF§(Korotayev 1996, 114) Andrey Vitalyevhich Korotayev. 1996. Pre-Islamic Yemen. Socio-political Organization of the Sabaean Cultural Area in the 2nd and 3rd Centuries AD. Harrassowitz Verlag. Wiesbaden.§REF§<br>Some codified law may have existed for merchant activity. \"The Mercantile Code of Qataban dates to about 110 BC and is a market proclamation designed to centralise trade in recognised markets, facilitate the collection of taxes and regulate prices. The code specifies that 'the King of Qataban has authority over all transactions and goods within his territory'. These powers allowed the king to set prices paid for cinnamon imports in Eudaimon [Aden] and Timna. The prices would be fixed so that royal agents could maximise the profits gained by selling state-owned stocks of the incoming aromatics.\"§REF§(McLaughlin 2014, 138-139) Raoul McLaughlin. 2014. The Roman Empire and the Indian Ocean: The Ancient World Economy and the Kingdoms of Africa, Arabia and India. Pen and Sword Military. Barnsley.§REF§" }, { "id": 336, "polity": { "id": 541, "name": "ye_qasimid_dyn", "long_name": "Yemen - Qasimid Dynasty", "start_year": 1637, "end_year": 1805 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Formal Islamic and informal tribal law co-existed. " }, { "id": 337, "polity": { "id": 368, "name": "ye_rasulid_dyn", "long_name": "Rasulid Dynasty", "start_year": 1229, "end_year": 1453 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": "Terms of tenant-landholder agreements were \"a matter of legislation.\"§REF§(Stookey 1978, 112-113) Robert W Stookey. 1978. Yemen: The Politics of the Yemen Arab Republic. Westview Press. Boulder.§REF§<br>The Rasulid state \"developed minutely detailed regulations for customs administration.\"§REF§(Stookey 1978, 113) Robert W Stookey. 1978. Yemen: The Politics of the Yemen Arab Republic. Westview Press. Boulder.§REF§" }, { "id": 338, "polity": { "id": 372, "name": "ye_tahirid_dyn", "long_name": "Yemen - Tahirid Dynasty", "start_year": 1454, "end_year": 1517 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " This is based on the codes for the Rasulids as 'Sultan 'Amir also appears to have been emulating the high period of Rasulid power a hundred years earlier'§REF§Porter, Venetia Ann (1992) The history and monuments of the Tahirid dynasty of the Yemen 858-923/1454-1517, Durham theses, Durham University, p. 4 Available at Durham E-Theses Online: <a class=\"external free\" href=\"http://etheses.dur.ac.uk/5867/\" rel=\"nofollow\">http://etheses.dur.ac.uk/5867/</a>§REF§<br>Terms of tenant-landholder agreements were \"a matter of legislation.\"§REF§(Stookey 1978, 112-113) Robert W Stookey. 1978. Yemen: The Politics of the Yemen Arab Republic. Westview Press. Boulder.§REF§<br>The Rasulid state \"developed minutely detailed regulations for customs administration.\"§REF§(Stookey 1978, 113) Robert W Stookey. 1978. Yemen: The Politics of the Yemen Arab Republic. Westview Press. Boulder.§REF§" }, { "id": 339, "polity": { "id": 365, "name": "ye_warlords", "long_name": "Yemen - Era of Warlords", "start_year": 1038, "end_year": 1174 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": "\"Evidence that the magistrates who judged the citizens and counselled them were following sound doctrine was a psychologically necessary reassurance. Within a few centuries after the rise of Islam the rules were compiled into voluminous compendia of law by various schools of jurists working for the most part independently of the secular authorities.\"§REF§(Stookey 1978, 58) Robert W Stookey. 1978. Yemen: The Politics of the Yemen Arab Republic. Westview Press. Boulder.§REF§" }, { "id": 340, "polity": { "id": 359, "name": "ye_ziyad_dyn", "long_name": "Yemen Ziyadid Dynasty", "start_year": 822, "end_year": 1037 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Islamic law. The Ziyad state in the Tihama was a \"stronghold of Sunnism\".§REF§(Stookey 1978, 57) Robert W Stookey. 1978. Yemen: The Politics of the Yemen Arab Republic. Westview Press. Boulder.§REF§" }, { "id": 341, "polity": { "id": 610, "name": "gu_futa_jallon", "long_name": "Futa Jallon", "start_year": 1725, "end_year": 1896 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " \"In the field of religion and culture, the nineteenth century is said to have witnessed the golden age of Islam in the Futa Jalon. It was the century of great scholars and the growth of Islamic culture. All the disciplines of the Quran were known and taught: translation, the hadiths, law, apologetics, the ancillary sciences such as grammar, rhetoric, literature, astronomy, local works in Pular and Arabic, and mysticism.\" §REF§(Barry 2005: 539) Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/collections/SU25S5BX/items/6TXWGHAX/item-list§REF§" }, { "id": 342, "polity": { "id": 632, "name": "nl_dutch_emp_1", "long_name": "Dutch Empire", "start_year": 1648, "end_year": 1795 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Multiple codes present, as well as combinations of some of them. \"[I]n 1740 country councils (landraden) came into operation, comprising European and indigenous judges whose job was to settle disputes about land ownership. The customary law of Jaffna (Tesavalamai) had already been recorded in 1707, and in the 1760s, on the orders of Governor Falck, a start was made on recording Sinhalese landsrecht or customary law. Something similar could be seen happening simultaneously in Java (Cirebon), albeit on a much smaller scale. Although the judicial authorities could thus rely on specific customary law, they could also, as in other parts of the Dutch empire both at home and abroad, apply so-called Roman-Dutch law, a mixture of Roman law and the law of the Province of Holland.\" §REF§(Emmer and Gommans 2020: 293) Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/collections/7F5SEVNA/items/AI9PPN7Q/collection.§REF§" }, { "id": 343, "polity": { "id": 636, "name": "et_jimma_k", "long_name": "Kingdom of Jimma", "start_year": 1790, "end_year": 1932 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " “But with the establishment of the office of the k’adi and the growing application of Islamic law (Shari’a) in matters such as inheritance and marriage, the council’s jurisdiction was much reduced.” §REF§ (Lewis 2001, 42) Lewis, Herbert S. 2001. Jimma Abba Jifar, an Oromo Monarchy: Ethiopia, 1830-1932. Lawrenceville, New Jersey: The Red Sea Press. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/collections/GWWIKDDM/items/NRZVWSCD/collection §REF§" }, { "id": 344, "polity": { "id": 639, "name": "so_ajuran_sultanate", "long_name": "Ajuran Sultanate", "start_year": 1250, "end_year": 1700 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Regarding the Ajuran Sultanate Mukhtar claimed “Islamic shari’a (jurisprudence) was the rule.” §REF§(Mukhtar 2003, 35) Mukhtar, Mohamed H. 2003. Historical Dictionary of Somalia. Lanham, Maryland: Scarecrow Press. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/search/Mukhtar/titleCreatorYear/items/J8WZB6VI/item-list §REF§ As a Muslim sultanate, Sharia courts would have likely been used to regulate society. “Since law can only be the pre-ordained system of God’s commands of Sharī’a, jurisprudence is the science of fiqh, or ‘understanding’ and ascertaining that; and the classical legal theory consists of the formulation and analysis of the principles by which such comprehension is to be achieved. Four such basic principles, which represent distinct but correlated manifestations of God’s will and which are known as the ‘roots of jurisprudence’ (usūl al-fiqh), are recognized by the classical theory: the word of God himself in the Qur’ān, the divinely inspired conduct or sunna of the Prophet, reasoning by analogy or qiyās and consensus of opinion or ijmā.” §REF§ (Coulson 1964, 75-76) Coulson, Noel. 1964. A History of Islamic Law. Edinburgh: Edinburgh University Press. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/search/Coulson/titleCreatorYear/items/S4S75T39/item-list §REF§ " }, { "id": 345, "polity": { "id": 640, "name": "so_habr_yunis", "long_name": "Habr Yunis", "start_year": 1300, "end_year": 1886 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Sha afi Law. “With a long tradition of trading connections to the Arabian Peninsula, the Somalis were converted to Islam at an early date and remain staunch Muslims (Sunnis, of the Sha afi School of Law).” §REF§ (Lewis 2008, 1-2) Lewis, Ioan M. 2008. Understanding Somalia and Somaliland: Culture, History, Society. New York, Columbia University Press. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/search/Understanding%20Somalia/titleCreatorYear/items/7J425GTZ/item-list §REF§ " }, { "id": 346, "polity": { "id": 643, "name": "et_showa_sultanate", "long_name": "Shoa Sultanate", "start_year": 1108, "end_year": 1285 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " \"The precise use of the Islamic calendar and of Arabic script and language are strong evidence of the presence of an Islamic scholarly elite. This literate elite is represented by the faqīh Ibrāhīm b. al-Ḥasan, “ qāḍī al-quḍā (lit. “cadi of the cadis”) of Šawah” whose death occurred in 1255. The title “cadi of the cadis” refers to the judge at the head of the judiciary of a state or of a city, and therefore presupposes a sophisticated judicial hierarchy.\"§REF§(Chekroun and Hirsch 2020: 94-95) Seshat url: https://www.zotero.org/groups/1051264/seshat_databank/collections/SU25S5BX/items/TA84VGHX/item-list§REF§ " }, { "id": 347, "polity": { "id": 648, "name": "so_majeerteen_sultanate", "long_name": "Majeerteen Sultanate", "start_year": 1750, "end_year": 1926 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " “The Majerteen Sultan professed Sunni Islam and adherence to the Shafi’i branch of Sunni Islamic law.” §REF§ (Smith 2021, 43) Smith, Nicholas W.S. 2021. Colonial Chaos in the Southern Red Sea: A History of Violence from 1830 to the Twentieth Century. Cambridge: Cambridge University Press. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/collections/TWITJWK4/items/K6HVJ7X4/collection §REF§ " }, { "id": 348, "polity": { "id": 649, "name": "et_funj_sultanate", "long_name": "Funj Sultanate", "start_year": 1504, "end_year": 1820 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Maliki law. “They administered Maliki law, arbitrated local disputes, and instructed the people in Islam.” §REF§ (Lapidus 2002, 431) Lapidus, Ira M. 2002. A History of Islamic Societies. Cambridge: Cambridge University Press. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/collections/GWWIKDDM/items/QW9XHCIW/collection §REF§" }, { "id": 349, "polity": { "id": 652, "name": "et_harar_emirate", "long_name": "Emirate of Harar", "start_year": 1650, "end_year": 1875 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " The following quote lists Sharia law as present. “Residents of Harar and its environs regard the city as an Islamic center of learning that ‘uniquely merges Sunni Islam within the city, Shari’a courts and a diverse Islamic education system based on Qurani schools and commentaries on the Quran.” §REF§ (Ben-Dror 2018, 15) Ben-Dror, Avishai. 2018. Emirate, Egyptian, Ethiopian: Colonial Experiences in Late Nineteenth-Century Harar. Syracuse: Syracuse University Press. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/collections/GWWIKDDM/items/CHS87GBI/collection §REF§ " }, { "id": 350, "polity": { "id": 654, "name": "so_isaaq_sultanate", "long_name": "Isaaq Sultanate", "start_year": 1300, "end_year": 1886 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Sha afi Law. “With a long tradition of trading connections to the Arabian Peninsula, the Somalis were converted to Islam at an early date and remain staunch Muslims (Sunnis, of the Sha afi School of Law).” §REF§ (Lewis 2008, 1-2) Lewis, Ioan M. 2008. Understanding Somalia and Somaliland: Culture, History, Society. New York, Columbia University Press. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/search/Understanding%20Somalia/titleCreatorYear/items/7J425GTZ/item-list §REF§ " } ] }