Diverging Paths? <UN> The Medieval Mediterranean Peoples, Economies and Cultures, 400–1500 Managing Editor Frances Andrews (St. Andrews) Editors David Abulafia (Cambridge) Benjamin Arbel (Tel Aviv) Hugh Kennedy (soas, London) Paul Magdalino (Koç University, Istanbul) Olivia Remie Constable † (Notre Dame) Larry J. Simon (Western Michigan University) volume 101 The titles published in this series are listed at brill.com/mmed <UN> Diverging Paths? The Shapes of Power and Institutions in Medieval Christendom and Islam Edited by John Hudson Ana Rodríguez LEIDEN | BOSTON <UN> Cover illustration: Parish Church of San Martín de Tours, Artaiz (Navarre), Spain. © Photo: Omedes. Romanicoaragones. Library of Congress Cataloging-in-Publication Data Diverging paths? : the shapes of power and institutions in medieval Christendom and Islam / edited by John Hudson, Ana Rodriguez. pages cm. -- (The medieval Mediterranean ; 101) Includes bibliographical references and index. ISBN 978-90-04-27736-6 (hardback : alk. paper) -- ISBN 978-90-04-27787-8 (e-book) 1. Civilization, Western--Islamic influences. 2. Islamic civilization--Western influences. 3. Islamic law--History. 4. Law--History. 5. East and West. I. Hudson, John, 1962- II. Rodríguez López, Ana. CB251.D58 2014 909’.09821--dc23 2014020412 This publication has been typeset in the multilingual “Brill” typeface. With over 5,100 characters covering Latin, ipa, Greek, and Cyrillic, this typeface is especially suitable for use in the humanities. For more information, please see www.brill.com/brill-typeface. issn 0928-5520 isbn 978-90-04-27736-6 (hardback) isbn 978-90-04-27787-8 (e-book) Copyright 2014 by Koninklijke Brill nv, Leiden, The Netherlands. Koninklijke Brill nv incorporates the imprints Brill, Brill Nijhoff, Global Oriental and Hotei Publishing. All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the publisher. Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill nv provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, ma 01923, usa. Fees are subject to change. This book is printed on acid-free paper. <UN> Contents Preface IX John Hudson and Ana Rodríguez List of Contributors XIV Maps XVI Part 1 Approaches and Explorations 1 Comparing Medieval Institutions A Few Introductory Remarks 3 Gadi Algazi 2 Institutionalisation between Theory and Practice Comparative Approaches to Medieval Islamic and Late Roman Law 16 Caroline Humfress 3 The Ḥisba, the Muḥtasib and the Struggle over Political Power and a Moral Economy An Enquiry into Institutions 30 Susana Narotzky and Eduardo Manzano Part 2 Themes and Investigations Law and Codification 57 4 Codification in Byzantium From Justinian to Leo VI 59 Bernard H. Stolte 5 Codification in the Western Middle Ages 75 Emanuele Conte and Magnus Ryan <UN> vi Contents 6 Codifying the Law The Case of the Medieval Islamic West 98 Maribel Fierro 7 Law and Codification Conclusion 119 John Hudson Resources and Power 123 8 The Cost of States Politics and Exactions in the Christian West (Sixth to Fifteenth Centuries) 125 Sandro Carocci and Simone M. Collavini 9 Landholding and Law in the Early Islamic State 159 Hugh Kennedy 10 The Mobilisation of Fiscal Resources in the Byzantine Empire (Eighth to Eleventh Centuries) 182 Vivien Prigent 11 State, Aggregation of the Elites and Redistribution of Resources in Sicily in the Eleventh and Twelfth Centuries Proposals for a New Interpretation 230 Annliese Nef 12 Resources and Power Conclusion 248 Eduardo Manzano Palaces and Places 253 13 The Palace Complex 255 Stuart Airlie 14 P alaces, Itineraries and Political Order in the Post-Carolingian Kingdoms 291 Simon MacLean <UN> Contents vii 15 Monasteries Institutionalisation and Organisation of Space in the Byzantine World until the End of the Twelfth Century 321 Michel Kaplan 16 The Institutionalisation of ʿAbbāsid Ceremonial 351 Nadia Maria El Cheikh 17 Palaces and Places Conclusion 371 Ana Rodríguez Bibliography 377 Index of Names and Places 426 <UN> Preface The present volume began with discussions of an important and straightfor- ward question, to which the answers must be very complex: “why did certain sorts of institutionalisation and institutional continuity characterise govern- ment and society in Christendom by the later Middle Ages, but not the Islamic world, whereas the reverse end-point might have been predicted on the basis of the early medieval situation?” This core question situates the investigation within classic historiographical debates. For example, is it correct to see Islamic society as dominated by orality? How can this view be reconciled with the con- siderable evidence for the use of documents? At the same time, the core ques- tion relates to matters of strong contemporary interest, for example the perceived characteristics of power exercised within Islamic Middle Eastern regimes. The volume derives from a collaborative project, examining a group of ques- tions in comparative fashion on the basis of the participants’ own research.1 Such collaboration and such an approach seeks to break down divisions inter- nal to the historical discipline, divisions that have reinforced the definition of western and eastern cultural areas according to a number of criteria, among which religion is especially prominent. Taking-for-granted of these contained cultural areas has favoured the formation of closed scholarly communities with little or no contact. The gathering of a group of scholars therefore allows not merely geographical, chronological, and cultural comparison, but also that of historiographical traditions. In addressing the core question, the volume aims to produce a number of preliminary interpretative answers, to which an integrated approach is central. The inclusion of the Byzantine Empire is crucial as the project attempts to avoid the simple comparison of Islam vs. Christendom, a comparison in dan- ger of invoking assumptions of essentialist differences between civilisations. The essays reveal that even though the whole Mediterranean basin shared a common classical legacy, institutions acquired divergent configurations in dif- ferent areas and periods. However, formal or non-formal institutions cannot be equated with, respectively, efficient or non-efficient institutions, and the emphasis is not on problems of institutional failure or efficiency but rather on questions of institutional diversity. The aim of the participants is to ascertain 1 The ‘Diverging Paths’ project gathered regularly in the hccsh-csic in Madrid from 2009 to 2011 thanks to funding from the Spanish Ministerio de Ciencia y Tecnologia. <UN>
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