The Symposium on Comparative Early Modern Legal History gathers under the auspices of the Center for Renaissance Studies at the Newberry Library in Chicago to discuss the comparative legal history of the Atlantic world in the period c. 1492 to 1815. Each year we offer a one-day conference that brings together law professors, historians, and social scientists to explore a particular topic in comparative legal history, broadly understood.
The Symposium is overseen by Professor Richard Ross of the University of Illinois, Urbana-Champaign, College of Law and History Department (rjross [at] law.uiuc.edu; 217.244.7890). Funding has been provided by the University of Illinois College of Law.
Please note: due to space restrictions, registration in advance is required for all Center for Renaissance Studies programs (see below).
9:00 a.m. – 5:00 p.m. April 23, 2010
The Newberry Library
Organized by Richard Ross, University of Illinois at Urbana-Champaign, Law and History, and Lauren Benton, New York University, History
The early modern Atlantic was a world of legal pluralism. European, African, and American polities relied on layered and multi-centric systems of law, and their encounters generated new and often repeating patterns of jurisdictional politics. This widespread legal pluralism at times contributed to regional integration by making substantively different legal systems intelligible to travelers and merchants. It also posed challenges to imperial administration as subordinate authorities sought to establish, expand, or protect prerogatives to act independently of metropolitan sovereigns and courts. With recent scholarship establishing clearly the benefits of framing Atlantic law as jurisdictionally complex and unstable, opportunities are now in sight to push this perspective further in a number of directions.
One interesting set of problems involves questions about how conflicts over the prerogatives of delegated legal authorities to discipline and control subordinate or dependent populations related to the changing contours of imperial constitutions or ideologies of rule. Conference participants may explore the ways in which such figures as garrison commanders, plantation owners, ship captains, Company officials, missionaries, and others with some measure of legal authority positioned themselves in relation to both metropolitan and colonial law. Did they make innovative legal claims or exert influence on regional patterns? We invite investigations of the conditions under which such actors deferred to imperial authority, the sources they drew upon to defend their legal prerogatives, and the nature of their interactions with various courts. Other studies might consider the degree to which the politics of making and defending claims to semi-autonomous legal authority informed broader, even regional, political processes. As we bring such connections into sight, it may be possible to refine comparisons of the politics of legal pluralism in different parts of the Atlantic world, or between the Atlantic, Mediterranean, and Indian Ocean worlds.
A related theme focuses on the legal strategies of subordinate groups. Taking into account a framework of legal pluralism, scholars can move beyond the study of “resistance” to ask questions about the legal participation of formally subordinate groups—even some that were seemingly powerless before the law. Forum shopping, petitions for mercy, violence against magistrates, new genres of legal writing, maneuvers to escape indebtedness—these and other strategies had immediate and sometimes far-reaching institutional effects. In addition to tracing such connections, we might probe the formative influences on legal strategies. How did knowledge about law circulate in the Atlantic world? To what extent did information or stories about of the effectiveness of particular legal strategies carry across social strata, imperial divides, and the Atlantic Ocean? How did legal actors imagine and describe plural legal orders? With attention to these and other, related topics, the conference seeks to open the study of legal pluralism to new approaches and insights.
While there is no fee to attend this program, participants must register in advance by contacting the Center for Renaissance Studies at 312.255.3514 or e-mailing renaissance [at] newberry.org.
Funds may be available for graduate students and faculty of Consortium institutions to travel to the Newberry Library to attend this program. Contact your Executive Committee member or the Center for Renaissance Studies.
Future announcements of Center for Renaissance Studies programs will be made by e-mail only. To ensure that we have your most current information, please join our mailing list.
Spring 2009 Symposium:"The Law of Nations and the Early Modern Atlantic World."
Spring 2008 Symposium: “Criminal Justice in the British Atlantic World, 1500-1850.”
Fall 2006 Symposium: “Law, Religion, and Social Discipline in the Early Modern Atlantic World”
Fall 2005 Symposium: “Membership in Communities and States in the Early Modern Atlantic World: Legal Rules, Social Judgments, and the Negotiation of Citizenship”
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