Formal membership in a state has been an essential political status for well over a century. It is typically gained at birth, either jus soli or jus sanguinis. Jus soli assigns nationality by birth in a nation's territory; jus sanguinis assigns children their parents’ nationality. This article provides an alternative intellectual history of the modern dominance of these principles for attributing nationality. Contrary to prior scholarship, soli and sanguinis were not restatements of existing principles. The soli/sanguinis binary was a nineteenth-century invention. Old-regime European empires attributed membership in the community under one or another single natural law principle. Parentage and birthplace were mostly evidence of conformity. In the early nineteenth century, officials in multiple jurisdictions began prioritizing positive law above natural law and transformed parentage and birthplace into competing principles for assigning nationality. This movement crystallized in 1860 when Charles Demolombe introduced jus soli and jus sanguinis to nationality law as competing, ostensibly ancient legal traditions. The framework spread quickly because it was a useful way to assign nationality despite states’ conflicting approaches to political membership. Yet, as its role in United States v. Wong Kim Ark (1898) helps illustrate, the invented tradition has also obscured our understanding of more complex historical dynamics.

A debate has raged for decades over legal pluralism and its value for the study of law. Much of this back and forth has resolved to a fight over what law “is” and push-and-pull between legal centrists and pluralists. This introductory essay proposes a new framework for thinking about legal pluralism. Turning away from the centrist/pluralist binary, we instead ask what work legal pluralism as a category of analysis can do. The debate, we suggest, is a fundamental methodological disagreement about the normative work that categories of analysis do and the costs that historians should be willing to pay to reap the benefits of theoretically sophisticated frameworks of analysis which are interoperable between times and places. The debate about legal pluralism, we argue, can be productively reframed as a question about the benefits and drawbacks of the legal pluralist framework.

This introduction contextualizes the special issue's articles in the broader continental dynamics. It discusses the Eurocentric bias of the historiography and suggests that the view that Europe was responsible for the legal abolition of slavery in Africa should be nuanced and qualified. Some independent African polities abolished slavery before Europe's colonial occupation. Nowhere did European abolitionists encounter a tabula rasa: African polities had complex jurisdictions, oral or written, which formed the normative background against which slavery's abolition should be studied. To do so, however, it is misleading to imagine abolitionism as a unitary movement spreading globally out of Europe. What happened differed from context to context. Normative systems varied, and so did abolition's legal processes. This introduction examines the dynamics that led to the introduction and implementation of anti-slavery laws in African legal systems. It recenters the analysis of the legal abolition of slavery in Africa around particular African actors, concepts, strategies, and procedures.

Historians have long known that leaders of the American Revolution looked to the law of nations for insight into the rights and obligations of independent states. In so doing, Americans relied largely on the writings of European legal theorists, such as Hugo Grotius and Emerich de Vattel, whose treatises on the law of nations are regarded today as having laid the foundations of international law. As this article demonstrates, however, early modern statesmen did not base their conduct on such treatises, but on a customary law of nations that they derived from precedent and the text of earlier treaties. This article elucidates the distinction between the customary and theoretical branches of the law of nations. It then goes on to examine the law of nations’ impact on revolutionary-era diplomacy, drawing particular attention to a series of wartime negotiations over rights to the Mississippi River. As the article shows, most American emissaries lacked experience with the customary laws of diplomacy and struggled to use that law effectively in their negotiations. The most serious consequences were averted due in part to French legal advice, and because one American, John Jay, acquired enough competence in customary law to guide his colleagues toward an effective negotiation of peace.

This article interrogates the concept of legal pluralism, as it currently tends to function within contemporary legal and historical scholarship. It argues that the concept of legal pluralism cannot ‘liberate’ positivist analytical legal theory from monist (municipal, state-centric, etc.) straightjackets, but rather itself presumes the primacy of centralized state-issued law—at the same time as masking that primacy within a pluralist discourse. The concept of legal pluralism should be properly understood—and analyzed—as part of the mythology of modern law, not as an alternative to it. The first two sections develop this argument via a critical tour of legal-pluralist historiography, focusing on 1986 to the present day. The final section then moves on to explore what is at stake for the pre-modern historian when they apply (modern) concept(s) of legal pluralism to try to explain the multiplicity of legal orders that they invariably encounter in their own source material.

On April 26, 1846, Ahmad Bey signed a historic emancipation decree making the Regency of Tunis the first in the modern Islamic world to formally abolish the longstanding institution of slavery. While the decree marked the first of such unprecedented measures, attracting a barrage of compliments from anti-slavery societies around the globe, it conflicted with the local notions of enslaving practices and thus prompted an earnest process of legitimation for the formal abolition of slavery before the Majlis al Shari (Sharia Council for Judicial Ordinance), without which abolition would have remained culturally and politically contentious. The paper will assess the socio-cultural context and the plural Islamic legal framework that informed both Ahmad Bey's argument favoring abolition and the divergent responses and attitudes of the religious establishment toward the abolition decree.

This paper considers the historical contexts in which theories of legal pluralism grew and developed between the final third of the nineteenth century and the first half of the twentieth century. Theories of the state as a pluralistic system, as opposed to the absolute supremacy of state-made law, were the focus of German legal historical scholarship in the late nineteenth century, represented by the towering figure of Otto von Gierke. Gierke's image of a pluralist German Middle Ages largely influenced legal scholarship in Europe, even affecting the Italian scholar Santi Romano, whose book on the “legal order” has been considered a milestone in the construction of pluralist legal theories. Once passed from a legal historian like Gierke to a theorist like Romano, the model of a pluralist legal order returned to legal historiography, inspiring the innovative historical interpretation of medieval law proposed by Francesco Calasso. Gierke was a conservative, right-wing socialist, and Romano was a fascist and counselor of the fascist Italian government. Calasso, on the contrary, was a liberal opponent of the fascist regime. The three versions of legal pluralism, then, decline the same basic vision in three different ways, being influenced by the political contexts in which the three authors operated.

In 1890, Sultan Ali of Zanzibar declared in writing that “we wish by every means to stop the slave trade.” Statements like these, in addition to the actual passing of anti-slavery legislation, call into question the generally accepted scholarly understanding that the sultans of Zanzibar only agreed to pass and enforce anti-slavery legislation because they were under duress from European, mainly British, powers, who negotiated favorable political and economic benefits in return for (gradual) abolition. A close analysis of the sources tells a more complicated story of both collaboration and conflict between the Zanzibari sultans, their subjects, and the British agents. Moreover, each sultan had distinctive political and religious beliefs, as well as individual personal experiences and outlooks. This paper explores the anti-slavery legislation passed under three sultans of Zanzibar: Barghash bin Said (1870–1888) who prohibited the transport of slaves by sea in 1873, Ali bin Said (1890–1893) who passed the Slave Trade Prohibition Decree of 1890, and Hamoud bin Mohammed (1896–1902) who passed the Abolition Decree of 1897. By analyzing draft treaties and correspondence before and after the passing of legislation, this paper argues that the sultans and their advisors were not devoid of ideological interest in ending slavery; and that British agents and explorers in the region were too hastily hailed as abolitionists.

This paper will engage with the early colonial maps of the British East India Company to analyze its representative, as well as creative, functions, delineating how maps represent existing legal relations, entrench hierarchies, and visually transmit projected, and aspired, notions of legal authority and sovereignty. This paper studies the constitutive role of cartography apropos law, territory, and social order, in a specific historical context, by examining the crucial political role played by the British East India Company's cartographic practices and maps in aspiring and imagining the transplantation and establishment of English sovereignty in the Indian subcontinent. This paper will also show how British maps visually entrenched and supplemented unique forms of social hierarchy and marginalization, and legal categories and stratifications, in Indian cities. By analyzing maps, memoirs, cartouches, dedications, ornaments, plans, prospects, and historical manuscripts appertaining to the eighteenth and early nineteenth century operations of the Company, this paper will demonstrate, firstly, that cartography preceded, visually imagined, and set the stage for the coalescence of British sovereignty and the expansion of its law in the Indian subcontinent; secondly, that cartography provided the visual support for social ordering; and thirdly, that maps do not have a singular function. This paper proposes a notion of cartojuridism to capture the myriad ways in which cartography, law, sovereignty, and society intersect and relate with each other.

This article draws on a variety of primary sources to first illustrate the rise of African abolitionism in the Fante region in the mid-nineteenth century and then situate local abolitionists in the context of colonial legal abolition in the Gold Coast. When the British abolished slavery in 1874, various Fante groups had been developing local anti-slavery views and strategies closely connected to the evolution of a Fante ethnic identity fashioned against the “barbaric” Asante. Tensions arose between the Fante intelligentsia, which spearheaded local abolitionism, and British colonial elites. The article examines the rise of local abolitionism among the coastal Fante through specific ideas, individuals, and events, and discusses subsequent dynamics in the “first age” (1874–1900) of colonial abolitionism in the Gold Coast. It shows that the 1874 abolition was opposed by members of the Fante anti-slavery movement not—as has been argued—because Fante intellectuals were pro-slavery or opposed to the idea of abolition, but because they held different visions of emancipation and were critical of British abolition laws that, unlike in the West Indies, did not compensate slaveowners.

Numerous Roman grants to local communities of the right to use local law survive in contemporaneous copies starting in the second century BCE. Contemporaneous with these grants of autonomy, Rome urged institutional changes that reconstituted local elites as aristocracies of office. By contrast, evidence that individuals identified themselves as experts in local law survives in bulk only starting in the second century CE. The paper urges that the superimposition of Roman courts as courts of the second instance created a role in local polities for expertise in local law in mediation with these Roman courts, and that local elites sought to monopolize this role and the technocratic prestige that it brought.

In 1923, Haudenosaunee leader Deskaheh Levi General traveled to Geneva and launched a campaign for Indigenous statehood at the League of Nations. Drawing on a not-so-distant imperial past, the campaign was a novel attempt to use international law to assert Indigenous sovereignty. The Haudenosaunee claim hinged on a seemingly impossible conceit: that an independent native polity might persist within the borders of a settled state. The League of Nations’ primary institutional frameworks for grappling with other such problematic sovereignties were minority treaties and the mandate regime. But the Haudenosaunee case, which hinged on the persistence rather than the novelty of sovereignty, fit within neither paradigm. Their campaign illuminates a larger crisis of legal legibility that characterized Indigenous-settler relations from the mid-nineteenth to the mid-twentieth centuries. By reading Indigenous history into international legal history, this paper shows how Haudenosaunee people leveraged older norms of imperial relationality in their engagements with international law. In doing so, it revises a persistent genealogical account of the history of Indigenous human rights in favor of a more capacious narrative of Indigenous internationalism.

Challenging the common assumption that legal misunderstanding was pervasive, this article analyzes jurisdictional politics as an element of “interpolity law”—a broad framework for legal interactions across polities and regions in the early modern world. It draws on recent research on jurisdictional politics to show how such an approach allows historians to avoid some of the familiar pitfalls associated with studies of legal pluralism. This approach provides clear methodological advantages over the study of global legal history as a function of multi-normativity. Political communities across the globe centered on internal and external conflicts on the nature and reach of legal authority. By focusing on jurisdiction as a touchstone of legal action and tracing how legal authority was produced through conflict, our approach treats legal pluralism as a valuable descriptive term rather than an analytical framework. The study of jurisdictional politics portrays state authority as potentially one among many forms of legal authority, and it brings into sharp focus continuities within and across pluri-political regions. By tracking broad institutional shifts that occurred when empires and states moved to assert power over multi-jurisdictional orders, the perspective informs new narratives about trajectories of regional and global legal order.

Slavery and the slave trade were fundamental institutions in Ethiopian history. Their abolition was a protracted process that involved developing, debating, passing, and applying multiple anti-slavery and anti-slave trade edicts and decrees under successive rulers. While slavery existed in various societies that were later integrated in the Abyssinian empire since the second half of the nineteenth century and took different forms based on different legal traditions, this article focuses specifically on the Christian kingdom and its successor empire. It analyzes changes and continuities in legal approaches to slavery and its suppression through consecutive Ethiopian governments starting with a discussion of slavery's regulation in the ancient Christian law code, the Fetha nagast (“The Law of the Kings”). The article then considers how successive Christian emperors developed anti-slavery policies in response to both local and global dynamics.

In 1788, Andrew Jackson acquired an enslaved woman named Nancy. According to most accounts, Nancy followed Jackson from Jonesborough, Tennessee to Nashville and lived out the rest of her days at the Hermitage. Except she did not. A close review of the legal record suggests that Nancy never made it to Nashville and either left Jackson somewhere along the Wilderness Road or died at his hands trying to escape. Her act of resistance, this article posits, may have profoundly affected Jackson's views of race and sex on the southern frontier.

This text takes issue with how present day debates regarding legal pluralism affect our vision of the past, as well as limit the horizons of possibilities in the future. It suggests that the genealogy of these debates determined what would be seen, and what ignored, and that, as a result, it has privileged some aspects, while forgetting the importance of others.

Based upon archival and newspaper sources, this article explores the relationship between the notoriety of South Fort George, Fort George, and Prince George (the Georges) in British Columbia's northern interior, and the sense of self and place for residents on the eve of World War I. The investigation of Harry Porters’ Christmas Eve murder glimpses gender, class, and ethnic sensibilities linking the region with the rest of the province and nation, along with the British Columbia Provincial Police force's reliance on peace keeping in an era that was beginning to reassess what professional policing might entail. The result demonstrates that while the Georges imagined themselves as resting on the periphery of the white settlement frontier, the evidence indicates that in seeking acceptance by opinion leaders elsewhere in the nation, locally self-identified respectable people eagerly embraced the norms of post-Edwardian Canada. That the Georges tawdry reputation persists into the early twenty-first century suggests that the resilience of this notoriety reflects forces at play well-beyond British Columbia's northern interior. Framed in this fashion, the Christmas Eve murder sheds light on the legacies of reputation on the white settlement frontier, the influence of gender, class, and ethnicity in the construction of crime, and the evolution of professional policing.

This article examines ways in which slaves and missionaries used public declarations before witnesses to carve out a distinctive space of legal proceedings in pursuit of emancipation in western Tanzania. This way of pursuing emancipation shows slaves deploying their intellectual creativity and cultural knowledge to shape the German and British colonial legal systems. Interviews provide evidence that these public declarations drew on long-standing practices of oathing in western Tanzanian societies, while administrative sources indicate that oaths had been used in Islamic legal practice. Both mission and administrative sources show that these public declarations became a fairly routine means to facilitate slave emancipation between about 1907 and the 1920s. They were seen as legitimate by both (ex)owners and (ex)slaves, and were welcomed by officials as they mitigated tensions between owners and slaves, and between slave owners and missions. This legal practice was not codified in either the gradualist German-era laws on slavery or the more proactive abolitionist laws enacted by the British. It was a bottom-up innovation, developed in a context in which effective emancipation depended on drawn-out struggles and negotiations over personal autonomy and malleable social norms.

The paper addresses the perpetual discontent evoked by the concept of legal pluralism, one which, in turn, brings about incessant efforts to “rethink” it. We suggest that one of the sources of this discontent is the erroneous view that legal pluralism is a theory, and the consequent misguided expectations that it should provide scholars of law and society with causal hypotheses and explanations. We argue that legal pluralism is not a theory but a research perspective, and, as such, is not meant to provide us with explanatory propositions, but rather to increase our awareness of the plurality and inter-relationality of socio-legal spheres and of the implications thereof. We further identify—and briefly discuss—the four core principles of a pluri-legal perspective: plurality, relationality, power, and agency. Taken together, these four premises constitute a manifesto of sorts for a pluri-legal perspective.

This article compares how gender and pathologization were entangled in the laws on infanticide in Spain and the Netherlands in 1930–1960, as well as in court practices. Both countries knew lenient laws for women who killed their newborn babies. These laws themselves did not assume that these women were suffering from a mental disorder, even though they referred to emotional state. In Spain, where the notion of honor was more important in the law, from the 1940s a debate was held about the relationship between mental illness and infanticide laws in the context of the Franco regime's emphasis on pronatalism. While in Spain the institutional monopoly of the generalist forensic physician as preferred expert excluded psychiatrists, in the Netherlands forensic psychiatrists were more influential, and their role increased from the 1950s. The article argues that regardless of many differences in forensic and political culture in both countries infanticidal women were pathologized: in Spain mostly via some interpretations of the infanticide law, and in the Netherlands via forensic psychiatry. However, pathologization, we show, involved many lay actors such as lawyers, legal scholars, and probation services.