The place and function of custom as a species of law—distinguished from custom as simply polite manners or cherished cultural traditions—has long been a source of research and debate among legal theorists and historians. One school of thought
The Meanings and Uses of a Legal Concept in Premodern Europe
The Opposite of Custom
Fashion, Sumptuary Law, and Consuetudo in Fifteenth-Century Northern Italy
M. Christina Bruno
Custom, Fashion, and Gender for Franciscan Observants Custom and fashion seem at first glance incompatible: one rooted in time immemorial, the other racing toward innovation at a dizzying pace. This was certainly the view of Francesco Piazza
Scandal of the Church, Prison of the Soul
The Problem of Bad Custom in Twelfth- and Thirteenth-Century Canon Law and Practice
.” Contrasting “unfamiliar good” with “habitual evil,” Gerhoh thundered that such dissident parties were founded not on the “rock of truth,” but rather on “the sands of falsity and wicked custom” (“super arenam falsitatis et pravae consuetudinis”). Assuming the
Un excursus romain autour d'une expression médiévale
« coutume/ custom », y est bien employé et y apparait en marge des discrètes mais plus importantes coutumes familiales que sont les mores . Les juristes romains n'ont donc guère parlé de la coutume comme source du droit, n'y voyant en général qu'une norme
The Inscrutable Mystery of Why the Qalin Has Survived
The Example of Uzbekistan
With a focus on the Republic of Uzbekistan, this article aims to explain the enduring survival of the custom known as qalin (bride price, bride money), in spite of efforts to eliminate it in the past, and seeks to reveal the incomprehensible - even somewhat enigmatic - reasons for its present existence. Because this practice was burdensome for poor people, some attempts were made to abolish or replace it, for example, by having the bridegroom work instead of paying the qalin, by interchanging girls between two families or by having the bride's kinsmen cover the costs of the wedding. One custom even involved paying a qalin by instalments. As the article demonstrates, despite criticisms and its negative aspects, the qalin still has a place in the lives of Uzbeks.
Barbaric Custom and Colonial Science
Teaching the Female Body in the Anglo-Egyptian Sudan
This chapter explores the process of reforming ‘refractory’ female bodies in the Anglo-Egyptian Sudan. It discusses the goals of the Midwives Training School in Omdurman and the methods of the British women who established it during the 1920s and 1930s in light of ethnographic data from the rural north. I suggest that while midwifery training had contradictory outcomes and failed to under- mine the logic that underpinned the practice of pharaonic (female) circumcision, some aspects of it became woven into the fabric of Sudanese daily life in unexpected ways. Parties to the colonizing venture looked, inescapably, in two directions at once: to the imme- diate situation in which they were mutually engaged, and to the respective cultural contexts of health from whence they came and in which they remained grounded.
Bad Customs, Civic Ordinances, and “Customary Time” in Medieval and Early Modern English Urban Law
Esther Liberman Cuenca
borough courts as a civil plea. 1 William, however, challenged Walter's attempt at bringing a plea of trespass because “according to the custom of the Borough of Colchester, hitherto used and approved from time out of memory, when a burgess of that
Situations, Crisis, and the Anthropology of the Concrete
The Contribution of Max Gluckman
Gluckman and the Manchester School pioneered approaches in anthropology that are now commonplace. But they were interested in achieving generalizations of both a local and more global kind. Their central methodology was that of situational analysis and extended-case analysis, which are examined here as attempts to make anthropology, via its ethnographic field method, a scientific discipline that opened out to novel ideas and theories concerning the human condition. This essay critically assesses the thinking that underpinned the methodology of situational analysis and suggests some areas of redirection. The overall idea is to impart some sense of the spirit that motivated various aspects of the Manchester innovation, especially the politics that gave it some coherence, and the wider importance of its directions that are occasionally overlooked in reflections on the history of social anthropology.
Aspects of Spanish Acculturation among Moroccan Jews
that the megorashim' s custom of blowing into the lung was not proper. Moreover, other Jewish communities he had visited followed a custom similar to that of the toshabim . 41 Rabbi Ben Masnut demanded that the toshabim return to their original
The Story of a New Ritual
Annette M. Boeckler
In recent years the usage of a goblet filled with water called cos miryam (Miriam's cup) during the Passover Seder has increased. This article shows that this custom had its origins in an evening in a Sukkah in Boston, was then soon used regularly at Havdalah ceremonies and finally found its way into the Seder. In recent years this new custom spread throughout Europe. The article depicts this development and also shows the different places and usages documented in published Haggadot of different denominations, and interprets these usages. As the origins and development of this new custom could be researched from its beginnings, this new Jewish ritual of Miriam's cup can serves as an example for the development of rituals in ritual studies in general.