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1. cover
Title: Gypsy law: Romani legal traditions and culture
Author: Weyrauch, Walter O. (Walter Otto) 1919-
Published: University of California Press,  2001
Subjects: Law | Cultural Anthropology | Ethnic Studies | Sociology | European Studies | Political Theory
Publisher's Description: Approximately one thousand years ago Gypsies, or Roma, left their native India. Today Gypsies can be found in countries throughout the world, their distinct culture still intact in spite of the intense persecution they have endured. This authoritative collection brings together leading Gypsy and non-Gypsy scholars to examine the Romani legal system, an autonomous body of law based on an oral tradition and existing alongside dominant national legal networks. For centuries the Roma have survived by using defensive strategies, especially the absolute exclusion of gadje (non-Gypsies) from their private lives, their values, and information about Romani language and social institutions. Sexuality, gender, and the body are fundamental to Gypsy law, with rules that govern being pure (vujo) or impure (marime) . Women play an important role in maintaining legal customs, having the power to sanction and to contaminate, but they are not directly involved in legal proceedings. These essays offer a comparative perspective on Romani legal procedures and identity, including topics such as the United States' criminalization of many aspects of Gypsy law, parallels between Jewish and Gypsy law, and legal distinctions between Romani communities. The contributors raise broad theoretical questions that transcend the specific Gypsy context and offer important insights into understanding oral legal traditions. Together they suggest a theoretical framework for explaining the coexistence of formal and informal law within a single legal system. They also highlight the ethical dilemmas encountered in comparative law research and definitions of "human rights."   [brief]
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2. cover
Title: Rugged justice: the Ninth Circuit Court of Appeals and the American West, 1891-1941 online access is available to everyone
Author: Frederick, David C
Published: University of California Press,  1994
Subjects: History | History | United States History | Californian and Western History | California and the West | Law
Publisher's Description: Few chapters in American judicial history have enjoyed as colorful a past as has the U.S. Court of Appeals for the Ninth Circuit. Created in 1891, its jurisdiction now encompasses California, Oregon, Nevada, Washington, Idaho, Montana, Arizona, Hawaii, and Alaska. David Frederick has mined archival sources, including court records and legal papers throughout the West and in Washington, D.C., to document the Ninth Circuit's first fifty years. His findings are much more than a record of the court, however, for they also provide a unique social and cultural history of the West.During these years, the court heard key cases involving railroads, the Alaska gold rush, Chinese immigration, organized labor, and use of natural resources. Many of the decisions from this period foreshadowed issues that are with us today. Frederick also documents the court's part in Western development and in issues relating to World War I, Prohibition, New Deal legislation, and the evolving role of federal judges.Frederick portrays the West's most important judicial institution with clarity and intelligence, reminding us that the evolution of the Ninth Circuit both reflected and affected the dramatic changes occurring in the West during the court's early years. This is a book that will appeal not only to lawyers, but to historians, sociologists, and general readers as well.   [brief]
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3. cover
Title: In the house of the law: gender and Islamic law in Ottoman Syria and Palestine
Author: Tucker, Judith E
Published: University of California Press,  1998
Subjects: History | Middle Eastern History | Law | Islam | Women's Studies | Middle Eastern Studies | Islam
Publisher's Description: In an rewarding new study, Tucker explores the way in which Islamic legal thinkers understood Islam as it related to women and gender roles. In seventeenth and eighteenth century Syria and Palestine, Muslim legal thinkers gave considerable attention to women's roles in society, and Tucker shows how fatwa s, or legal opinions, greatly influenced these roles. She challenges prevailing views on Islam and gender, revealing Islamic law to have been more fluid and flexible than previously thought. Although the legal system had a consistent patriarchal orientation, it was modulated by sensitivities to the practical needs of women, men, and children. In her comprehensive overview of a field long neglected by scholars, Tucker deepens our understanding of how societies, including our own, construct gender roles.   [brief]
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4. cover
Title: Narrowing the nation's power: the Supreme Court sides with the states online access is available to everyone
Author: Noonan, John Thomas 1926-
Published: University of California Press,  2002
Subjects: Law | American Studies | Political Theory
Publisher's Description: Narrowing the Nation's Power is the tale of how a cohesive majority of the Supreme Court has, in the last six years, cut back the power of Congress and enhanced the autonomy of the fifty states. The immunity from suit of the sovereign, Blackstone taught, is necessary to preserve the people's idea that the sovereign is "a superior being." Promoting the common law doctrine of sovereign immunity to constitutional status, the current Supreme Court has used it to shield the states from damages for age discrimination, disability discrimination, and the violation of patents, trademarks, copyrights, and fair labor standards. Not just the states themselves, but every state-sponsored entity--a state insurance scheme, a state university's research lab, the Idaho Potato Commission - has been insulated from paying damages in tort or contract. Sovereign immunity, as Noonan puts it, has metastasized. "It only hurts when you think about it," Noonan's Yalewoman remarks. Crippled by the states' immunity, Congress has been further brought to heel by the Supreme Court's recent invention of two rules. The first rule: Congress must establish a documentary record that a national evil exists before Congress can legislate to protect life, liberty, or property under the Fourteenth Amendment. The second rule: The response of Congress to the evil must then be both "congruent" and "proportionate." The Supreme Court determines whether these standards are met, thereby making itself the master monitor of national legislation. Even legislation under the Commerce Clause has been found wanting, illustrated here by the story of Christy Brzonkala's attempt to redress multiple rapes at a state university by invoking the Violence Against Women Act. The nation's power has been remarkably narrowed. Noonan is a passionate believer in the place of persons in the law. Rules, he claims, are a necessary framework, but they must not obscure law's task of giving justice to persons. His critique of Supreme Court doctrine is driven by this conviction.   [brief]
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5. cover
Title: Knights at court: courtliness, chivalry, & courtesy from Ottonian Germany to the Italian Renaissance online access is available to everyone
Author: Scaglione, Aldo D
Published: University of California Press,  1992
Subjects: Literature | European Literature | Medieval Studies | Renaissance Literature
Publisher's Description: Knights at Court is a grand tour and survey of manners, manhood, and court life in the Middle Ages, like no other in print. Composed on an epic canvas, this authoritative work traces the development of court culture and its various manifestations from the latter years of the Holy Roman Empire (ca. A.D. 1000) to the Italian Renaissance of the fifteenth and sixteenth centuries.Leading medievalist and Renaissance scholar Aldo Scaglione offers a sweeping sociological view of three geographic areas that reveals a surprising continuity of courtly forms and motifs: German romances; the lyrical and narrative literature of northern and southern France; Italy's chivalric poetry. Scaglione discusses a broad number of texts, from early Norman and Flemish baronial chronicles to the romances of Chrétien de Troyes, the troubadours and Minnesingers. He delves into the Niebelungenlied, Dante, Petrarch, Boccaccio, and an array of treatises on conduct down to Castiglione and his successors.All these works and Scaglione's superior scholarship attest to the enduring power over minds and hearts of a mentality that issued from a small minority of people - the courtiers and knights - in central positions of leadership and power. Knights at Court is for all scholars and students interested in "the civilizing process."   [brief]
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6. cover
Title: A Renaissance court: Milan under Galeazzo Maria Sforza
Author: Lubkin, Gregory
Published: University of California Press,  1994
Subjects: History | Renaissance History
Publisher's Description: Ambitious, extravagant, progressive, and sexually notorious, Galeazzo Maria Sforza inherited the ducal throne of Milan in 1466, at the age of twenty-two. Although his reign ended tragically only ten years later, the young prince's court was a dynamic community where arts, policy making, and the panoply of state were integrated with the rhythms and preoccupations of daily life. Gregory Lubkin explores this vital but overlooked center of power, allowing the members of the Milanese court to speak for themselves and showing how dramatically Milan and its ruler exemplified the political, cultural, religious, and economic aspirations of Renaissance Italy.   [brief]
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7. cover
Title: Rethinking the borderlands: between Chicano culture and legal discourse online access is available to everyone
Author: Gutiérrez-Jones, Carl Scott
Published: University of California Press,  1995
Subjects: American Studies | Chicano Studies | Literature | Language and Linguistics | Law | Social and Political Thought | Rhetoric | Postcolonial Studies | United States History | United States History
Publisher's Description: Challenging the long-cherished notion of legal objectivity in the United States, Carl Gutiérrez-Jones argues that Chicano history has been consistently shaped by racially biased, combative legal interactions. Rethinking the Borderlands is an insightful and provocative exploration of the ways Chicano and Chicana artists, writers, musicians, and filmmakers engage this history in order to resist the disenfranchising effects of legal institutions, including the prison and the court.Gutiérrez-Jones examines the process by which Chicanos have become associated with criminality in both our legal institutions and our mainstream popular culture and thereby offers a new way of understanding minority social experience. Drawing on gender studies and psychoanalysis, as well as critical legal and race studies, Gutiérrez-Jones's approach to the law and legal discourse reveals the high stakes involved when concepts of social justice are fought out in the home, in the workplace and in the streets.   [brief]
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8. cover
Title: The courtier and the King: Ruy Gómez de Silva, Philip II, and the court of Spain online access is available to everyone
Author: Boyden, James M 1954-
Published: University of California Press,  1995
Subjects: History | European History | Autobiographies and Biographies
Publisher's Description: Ruy Gómez de Silva, or the prince of Eboli, was one of the central figures at the court of Spain in the sixteenth century. Thanks to his oily affability, social grace, and an uncanny knack for anticipating and catering to the desires of his prince, he rose from obscurity to become the favorite and chief minister of Philip II.From the scattered surviving sources James Boyden weaves a vivid, compelling narrative: one that breathes life not only into Ruy Gómez, but into the court, the era, and the enigmatic character of Phillip II as well. Elegantly written and highly readable, this book discovers in the career of Gómez the techniques, aspirations, and mentality of an accomplished courtier in the age of Castiglione.   [brief]
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9. cover
Title: Between two worlds: the construction of the Ottoman state
Author: Kafadar, Cemal 1954-
Published: University of California Press,  1995
Subjects: History | Politics | Middle Eastern History | Middle Eastern Studies | Medieval History | Medieval Studies
Publisher's Description: Cemal Kafadar offers a much more subtle and complex interpretation of the early Ottoman period than that provided by other historians. His careful analysis of medieval as well as modern historiography from the perspective of a cultural historian demonstrates how ethnic, tribal, linguistic, religious, and political affiliations were all at play in the struggle for power in Anatolia and the Balkans during the late Middle Ages.This highly original look at the rise of the Ottoman empire - the longest-lived political entity in human history - shows the transformation of a tiny frontier enterprise into a centralized imperial state that saw itself as both leader of the world's Muslims and heir to the Eastern Roman Empire.   [brief]
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10. cover
Title: A flowering tree: and other oral tales from India A.K. Ramanujan ; edited with a preface by Stuart Blackburn and Alan Dundes online access is available to everyone
Author: Ramanujan, A. K 1929-
Published: University of California Press,  1997
Subjects: Literature | Fiction | Language and Linguistics | Asian Literature | Folklore and Mythology | South Asia
Publisher's Description: This book of oral tales from the south Indian region of Kannada represents the culmination of a lifetime of research by A. K. Ramanujan, one of the most revered scholars and writers of his time. The result of over three decades' labor, this long-awaited collection makes available for the first time a wealth of folktales from a region that has not yet been adequately represented in world literature. Ramanujan's skill as a translator, his graceful writing style, and his profound love and understanding of the subject enrich the tales that he collected, translated, and interpreted.With a written literature recorded from about 800 A.D., Kannada is rich in mythology, devotional and secular poetry, and more recently novels and plays. Ramanujan, born in Mysore in 1929, had an intimate knowledge of the language. In the 1950s, when working as a college lecturer, he began collecting these tales from everyone he could - servants, aunts, schoolteachers, children, carpenters, tailors. In 1970 he began translating and interpreting the tales, a project that absorbed him for the next three decades. When Ramanujan died in 1993, the translations were complete and he had written notes for about half of the tales.With its unsentimental sympathies, its laughter, and its delightfully vivid sense of detail, the collection stands as a significant and moving monument to Ramanujan's memory as a scholar and writer.   [brief]
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11. cover
Title: Legal hermeneutics: history, theory, and practice online access is available to everyone
Author: Leyh, Gregory
Published: University of California Press,  1992
Subjects: Politics | Political Theory | Postcolonial Studies | Law | Language and Linguistics
Publisher's Description: Interpretation of the law is based on assumptions about the nature of texts, language, and the act of interpretation itself. These fourteen new essays trace the origin of these assumptions, examine their philosophical implications, and extend legal interpretation in new and constructive directions.
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12. cover
Title: In Search of equality: the Chinese struggle against discrimination in nineteenth-century America
Author: McClain, Charles J
Published: University of California Press,  1994
Subjects: Law | California and the West | History | United States History | Californian and Western History | American Studies | Asian American Studies
Publisher's Description: Charles McClain's illuminating new study probes Chinese efforts to battle manifold discrimination - in housing, employment, and education - in nineteenth-century America. Challenging the stereotypical image of a passive, insular group, McClain reveals a politically savvy population capable of mobilizing to fight mistreatment. He draws on English- and Chinese-language documents and rarely studied sources to chronicle the ways the Chinese sought redress and change in American courts.McClain focuses on the San Francisco Bay Area, the home of almost one-fifth of the fifty thousand Chinese working in California in 1870. He cites cases in which Chinese laundrymen challenged the city of San Francisco's discriminatory building restrictions, and lawsuits brought by parents to protest the exclusion of Chinese children from public schools. While vindication in the courtroom did not always bring immediate change (Chinese schoolchildren in San Francisco continued to be segregated well into the twentieth century), the Chinese community's efforts were instrumental in establishing several legal landmarks.In their battles for justice, the Chinese community helped to clarify many judicial issues, including the parameters of the Fourteenth Amendment and the legal meanings of nondiscrimination and equality. Discussing a wide range of court cases and gleaning their larger constitutional significance, In Search of Equality brings to light an important chapter of American cultural and ethnic history. It should attract attention from American and legal historians, ethnic studies scholars, and students of California culture.   [brief]
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13. cover
Title: The prince and the law, 1200-1600: sovereignty and rights in the western legal tradition
Author: Pennington, Kenneth
Published: University of California Press,  1993
Subjects: History | Medieval History | Law
Publisher's Description: The power of the prince versus the rights of his subjects is one of the basic struggles in the history of law and government. In this masterful history of monarchy, conceptions of law, and due process, Kenneth Pennington addresses that struggle and opens an entirely new vista in the study of Western legal tradition.Pennington investigates legal interpretations of the monarch's power from the twelfth to the seventeenth century. Then, tracing the evolution of defendants' rights, he demonstrates that the origins of due process are not rooted in English common law as is generally assumed. It was not a sturdy Anglo-Saxon, but, most probably, a French jurist of the late thirteenth century who wrote, "A man is innocent until proven guilty."This is the first book to examine in detail the origins of our concept of due process. It also reveals a fascinating paradox: while a theory of individual rights was evolving, so, too, was the concept of the prince's "absolute power." Pennington illuminates this paradox with a clarity that will greatly interest students of political theory as well as legal historians.   [brief]
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14. cover
Title: An Ottoman tragedy: history and historiography at play
Author: Piterberg, Gabriel 1955-
Published: University of California Press,  2003
Subjects: History | Middle Eastern History | Historiography | Middle Eastern Studies
Publisher's Description: In the space of six years early in the seventeenth century, the Ottoman Empire underwent such turmoil and trauma - the assassination of the young ruler Osman II, the re-enthronement and subsequent abdication of his mad uncle Mustafa I, for a start - that a scholar pronounced the period's three-day-long dramatic climax "an Ottoman Tragedy." Under Gabriel Piterberg's deft analysis, this period of crisis becomes a historical laboratory for the history of the Ottoman Empire in the seventeenth century - an opportunity to observe the dialectical play between history as an occurrence and experience and history as a recounting of that experience. Piterberg reconstructs the Ottoman narration of this fraught period from the foundational text, produced in the early 1620s, to the composition of the state narrative at the end of the seventeenth century. His work brings theories of historiography into dialogue with the actual interpretation of Ottoman historical texts, and forces a rethinking of both Ottoman historiography and the Ottoman state in the seventeenth century. A provocative reinterpretation of a major event in Ottoman history, this work reconceives the relation between historiography and history.   [brief]
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15. cover
Title: Lawyers, lawsuits, and legal rights: the battle over litigation in American society online access is available to everyone
Author: Burke, Thomas Frederick
Published: University of California Press,  2002
Subjects: Politics | Law
Publisher's Description: Lawsuits over coffee burns, playground injuries, even bad teaching: litigation "horror stories" create the impression that Americans are greedy, quarrelsome, and sue-happy. The truth, as this book makes clear, is quite different. What Thomas Burke describes in Lawyers, Lawsuits, and Legal Rights is a nation not of litigious citizens, but of litigious policies - laws that promote the use of litigation in resolving disputes and implementing public policies. This book is a cogent account of how such policies have come to shape public life and everyday practices in the United States. As litigious policies have proliferated, so have struggles to limit litigation - and these struggles offer insight into the nation's court-centered public policy style. Burke focuses on three cases: the effort to block the Americans with Disabilities Act; an attempt to reduce accident litigation by creating a no-fault auto insurance system in California; and the enactment of the Vaccine Injury Compensation Act. These cases suggest that litigious policies are deeply rooted in the American constitutional tradition. Burke shows how the diffuse, divided structure of American government, together with the anti-statist ethos of American political culture, creates incentives for political actors to use the courts to address their concerns. The first clear and comprehensive account of the national politics of litigation, his work provides a new way to understand and address the "litigiousness" of American society.   [brief]
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16. cover
Title: A carnival of parting: the tales of King Bharthari and King Gopi Chand as sung and told by Madhu Natisar Nath of Ghatiyali, Rajasthan online access is available to everyone
Author: Nath, Madhu Natisar
Published: University of California Press,  1993
Subjects: Anthropology | Cultural Anthropology | Folklore and Mythology | Hinduism | South Asia
Publisher's Description: Madhu Natisar Nath is a Rajasthani farmer with no formal schooling. He is also a singer, a musician, and a storyteller. At the center of A Carnival of Parting are Madhu Nath's oral performances of two linked tales about the legendary Indian kings, Bharthari of Ujjain and Gopi Chand of Bengal. Both characters, while still in their prime, leave thrones and families to be initiated as yogis - a process rich in adventure and melodrama, one that offers unique insights into popular Hinduism's view of world renunciation. Ann Grodzins Gold presents these living oral epic traditions as flowing narratives, transmitting to Western readers the pleasures, moods, and interactive dimensions of a village bard's performance.Three introductory chapters and an interpretive afterword, together with an appendix on the bard's language by linguist David Magier, supply A Carnival of Parting with a full range of ethnographic, historical, and cultural backgrounds. Gold gives a frank and engaging portrayal of the bard Madhu Nath and her work with him.The tales are most profoundly concerned, Gold argues, with human rather than divine realities. In a compelling afterword, she highlights their thematic emphases on politics, love, and death. Madhu Nath's vital colloquial telling of Gopi Chand and Bharthari's stories depicts renunciation as inevitable and interpersonal attachments as doomed, yet celebrates human existence as a "carnival of parting."   [brief]
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17. cover
Title: Possessors and possessed: museums, archaeology, and the visualization of history in the late Ottoman Empire
Author: Shaw, Wendy M. K 1970-
Published: University of California Press,  2003
Subjects: History | Middle Eastern Studies | Art | Middle Eastern History
Publisher's Description: Possessors and Possessed analyzes how and why museums - characteristically Western institutions - emerged in the late-nineteenth-century Ottoman Empire. Shaw argues that, rather than directly emulating post-Enlightenment museums of Western Europe, Ottoman elites produced categories of collection and modes of display appropriate to framing a new identity for the empire in the modern era. In contrast to late-nineteenth-century Euro-American museums, which utilized organizational schema based on positivist notions of progress to organize exhibits of fine arts, Ottoman museums featured military spoils and antiquities long before they turned to the "Islamic" collections with which they might have been more readily associated. The development of these various modes of collection reflected shifting moments in Ottoman identity production. Shaw shows how Ottoman museums were able to use collection and exhibition as devices with which to weave counter-colonial narratives of identity for the Ottoman Empire. Impressive for both the scope and the depth of its research, Possessors and Possessed lays the groundwork for future inquiries into the development of museums outside of the Euro-American milieu.   [brief]
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18. cover
Title: The vestal and the fasces: Hegel, Lacan, property, and the feminine online access is available to everyone
Author: Schroeder, Jeanne Lorraine
Published: University of California Press,  1998
Subjects: Law | Philosophy | Gender Studies
Publisher's Description: In this feminist exploration of the erotics of the marketplace, Hegel's notion of property and Lacan's idea of the phallus serve parallel functions in creating the subjectivity necessary for self-actualization. Subjectivity requires intersubjective relationships mediated through a regime of possessing, enjoying, and exchanging an object of desire. For Hegel, this regime is property; for Lacan, it is sexuality, symbolized by the Phallus, which we conflate with the male organ and the female body. Property law, in Jeanne Schroeder's account, is implicitly figured by similar anatomical metaphors for that which men wish to possess and that which women try to be and enjoy. This is reflected in imagery taken from ancient Rome - the axe and bundle of sticks known as the Fasces, and the virgin priestess called the Vestal.Schroeder traces the persistence of phallic metaphors in modern jurisprudence. Rejecting the dominant schools of legal feminism, she reconceptualizes property - the legal relationship as well as its not necessarily material object - as a necessary moment in the human struggle for love and recognition. The Feminine, for Schroeder, is the radical negativity at the heart of both Lacan's split subject and Hegel's concept of freedom. Feminine emancipation and private property are, therefore, equally necessary conditions for the actualization of the free individual and the just society. Feminist scholars, social theorists, political scientists, philosophers, and lawyers will find in Schroeder's analysis scintillating new perspectives on property theory and the feminine within the market and the law.   [brief]
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19. cover
Title: The disenchanted self: representing the subject in the Canterbury tales online access is available to everyone
Author: Leicester, H. Marshall (Henry Marshall) 1942-
Published: University of California Press,  1990
Subjects: Literature | Literary Theory and Criticism | Medieval Studies
Publisher's Description: The question of the "dramatic principle" in the Canterbury Tales , of whether and how the individual tales relate to the pilgrims who are supposed to tell them, has long been a central issue in the interpretation of Chaucer's work. Drawing on ideas from deconstruction, psychoanalysis, and social theory, Leicester proposes that Chaucer can lead us beyond the impasses of contemporary literary theory and suggests new approaches to questions of agency, representation, and the gendered imagination.Leicester reads the Canterbury Tales as radically voiced and redefines concepts like "self" and "character" in the light of current discussions of language and subjectivity. He argues for Chaucer's disenchanted practical understanding of the constructed character of the self, gender, and society, building his case through close readings of the Pardoner's, Wife of Bath's, and Knight's tales. His study is among the first major treatments of Chaucer's poetry utilizing the techniques of contemporary literary theory and provides new models for reading the poems while revising many older views of them and of Chaucer's relation to his age.   [brief]
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20. cover
Title: Jews in the notarial culture: Latinate wills in Mediterranean Spain, 1250-1350 online access is available to everyone
Author: Burns, Robert Ignatius
Published: University of California Press,  1996
Subjects: Medieval Studies | Judaism | Jewish Studies | European History | Law | Medieval History
Publisher's Description: In the rapidly transforming world of thirteenth-century Mediterranean Spain, the all-purpose scribe and contract lawyer known as the notary became a familiar figure. Most legal transactions of the Roman Law Renaissance were framed in this functionary's notoriously hasty shorthand. Notarial archives, then, offer a remarkable window on the daily life of this pluri-ethnic society. Robert I. Burns brings together the testimony of a multitude of documents, and transcribes in full nearly fifty will-related charters prepared by notaries, to give a never-before-seen view of Jewish society in that place and time.Wills can display the religious conscience, ethical institutions, social mobility, and property dynamics of whole groups or regions. Even a single testament allows a glimpse into the testator's family and into the life and times of the living person. Burns devotes special attention to women in wills and to women's wills, extracting rich information on medieval women and gender relationships.While learning much about the role of kings and courts and the dynamics of Christian-Jewish relations, the reader also gains rare insights into a unique Jewish community.   [brief]
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