The Second Formation Of Islamic Law

Author by : Guy Burak
Languange : en
Publisher by : Cambridge University Press
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Description : The Second Formation of Islamic Law offers a new periodization of Islamic legal history in the eastern Islamic lands.


The Second Formation Of Islamic Law

Author by : Guy Burak
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 54
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Description : The Second Formation of Islamic Law is the first book to deal with the rise of an official school of law in the post-Mongol period. The author explores how the Ottoman dynasty shaped the structure and doctrine of a particular branch within the Hanafi school of law. In addition, the book examines the opposition of various jurists, mostly from the empire's Arab provinces, to this development. By looking at the emergence of the concept of an official school of law, the book seeks to call into question the grand narratives of Islamic legal history that tend to see the nineteenth century as the major rupture. Instead, an argument is formed that some of the supposedly nineteenth-century developments, such as the codification of Islamic law, are rooted in much earlier centuries. In so doing, the book offers a new periodization of Islamic legal history in the eastern Islamic lands.


The Formation Of Islamic Law

Author by : Wael B. Hallaq
Languange : en
Publisher by : Routledge
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Description : The fourteen studies included in this volume have been chosen to serve several purposes simultaneously. At a basic level, they aim to provide a general - if not wholly systematic - coverage of the emergence and evolution of law during the first three and a half centuries of Islam. On another level, they reflect the different and, at times, widely divergent scholarly approaches to this subject matter. These two levels combined will offer a useful account of the rise of Islamic law not only for students in this field but also for Islamicists who are not specialists in matters of law, comparative legal historians, and others. At the same time, however, and as the Introduction to the work argues, this collection of distinguished contributions illustrates both the achievements and the shortcomings of paradigmatic scholarship on the formative period of Islamic law.


The Formation Of Islamic Law

Author by : Wael B. Hallaq
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 49
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File Size : 48,6 Mb
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Description : The fourteen studies included in this volume have been chosen to serve several purposes simultaneously. At a basic level, they aim to provide a general - if not wholly systematic - coverage of the emergence and evolution of law during the first three and a half centuries of Islam. On another level, they reflect the different and, at times, widely divergent scholarly approaches to this subject matter. These two levels combined will offer a useful account of the rise of Islamic law not only for students in this field but also for Islamicists who are not specialists in matters of law, comparative legal historians, and others. At the same time, however, and as the Introduction to the work argues, this collection of distinguished contributions illustrates both the achievements and the shortcomings of paradigmatic scholarship on the formative period of Islamic law.


Ottoman Sunnism

Author by : Vefa Erginbas
Languange : en
Publisher by : Edinburgh University Press
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Description : Addressing the contested nature of Ottoman Sunnism from the 14th to the early 20th century, this book draws on diverse perspectives across the empire. Closely reading intellectual, social and mystical traditions within the empire, it clarifies the possibilities that existed within Ottoman Sunnism, presenting it as a complex, nuanced and evolving concept. The authors in this volume rescue Ottoman Sunnism from an increasingly bipolar definition that seeks to present the Ottomans as enshrining a clearly defined orthodoxy, suppressing its contrasting heterodoxy. Challenging established notions that have marked the existing literature, the chapters contribute significantly not only to the ongoing debate on the Ottoman age of confessionalisation but also to the study of religion in the Ottoman context.


Islamic Law And Empire In Ottoman Cairo

Author by : James E. Baldwin
Languange : en
Publisher by : Edinburgh University Press
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Description : A study of Islamic law and political power in the Ottoman Empires richest provincial cityWhat did Islamic law mean in the early modern period, a world of great Muslim empires? Often portrayed as the quintessential jurists law, to a large extent it was developed by scholars outside the purview of the state. However, for the Sultans of the Ottoman Empire, justice was the ultimate duty of the monarch, and Islamic law was a tool of legitimation and governance. James E. Baldwin examines how the interplay of these two conceptions of Islamic law religious scholarship and royal justice undergirded legal practice in Cairo, the largest and richest city in the Ottoman provinces. Through detailed studies of the various formal and informal dispute resolution institutions and practices that formed the fabric of law in Ottoman Cairo, his book contributes to key questions concerning the relationship between the shariaa and political power, the plurality of Islamic legal practice, and the nature of centre-periphery relations in the Ottoman Empire.Key featuresOffers a new interpretation of the relationship between Islamic law and political powerPresents law as the key nexus connecting Egypt with the imperial capital Istanbul during the period of Ottoman decentralizationStudies judicial institutions such as the governors Diwan and the imperial council that have received little attention in previous scholarshipIntegrates the study of legal records with an analysis of how legal practice was represented in contemporary chroniclesProvides transcriptions and translations of a range of Ottoman legal documents


Law Empire And The Sultan

Author by : Samy Ayoub
Languange : en
Publisher by : Unknown
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Description : This book is the first study of late Hanafism in the early modern Ottoman Empire. It examines Ottoman imperial authority in authoritative Hanafi legal works from the Ottoman world of the sixteenth to nineteenth centuries CE, casting new light on the understudied late Hanafi jurists (al-muta'akhkhirun). By taking the madhhab and its juristic discourse as the central focus and introducing "late Hanafism" as a framework of analysis, this study demonstrates that late Hanafi jurists assigned probative value and authority to the orders and edicts of the Ottoman sultan. This authority is reflected in the sultan's ability to settle juristic disputes, to order specific opinions to be adopted in legal opinions (fatawa), and to establish his orders as authoritative and final reference points. The incorporation of sultanic orders into authoritative Hanafi legal commentaries, treatises, and fatwa collections was made possible by a shift in Hanafi legal commitments that embraced sultanic authority as an indispensable element of the lawmaking process.


Sexual Violation In Islamic Law

Author by : Hina Azam
Languange : en
Publisher by : Cambridge University Press
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Description : Centered on legal discourses of Islam's first six centuries, this book analyzes juristic writings on the topic of rape.


Modern Islamic Authority And Social Change Volume 1

Author by : Masooda Bano
Languange : en
Publisher by : Edinburgh University Press
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Total Read : 13
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Description : Explores the interconnected creative partnerships of the Wattses and De Morgans - Victorian artists, writers and suffragists


The Formation Of The Islamic Understanding Of Kalla In The Second Century Ah 718 816 Ce

Author by : Pavel Pavlovitch
Languange : en
Publisher by : Brill Academic Publishers
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Description : Attempts to understand kalala began with acknowledging its unintelligibility but ultimately brought into existence a capacious body of interpretative hadith, associated with early Islamic authorities. The analysis of these traditions affords insights into the changing conception of scripture during the first two Islamic centuries, the early history of Islamic exegesis and jurisprudence, and varying scholarly attitudes towards constituent sources of Islamic law. The book highlights the importance of coherent methodology of dating and reconstructing Muslim traditions according to their lines of transmission (isnads) and their narrative content (matns).


The Oxford Handbook Of Islamic Law

Author by : Anver M. Emon
Languange : en
Publisher by : Oxford University Press
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Description : This volume provides a comprehensive survey of the contemporary study of Islamic law and a critical analysis of its deficiencies. Written by outstanding senior and emerging scholars in their fields, it offers an innovative historiographical examination of the field of Islamic law and an ideal introduction to key personalities and concepts. While capturing the state of contemporary Islamic legal studies by chronicling how far the field has come, the Handbook also explains why certain debates recur and indicates fundamental gaps in our knowledge. Each chapter presents bold new avenues for research and will help readers appreciate the contested nature of key concepts and topics in Islamic law. This Handbook will be a major reference work for scholars and students of Islam and Islamic law for years to come.


Islamic Law Of The Sea

Author by : Hassan S. Khalilieh
Languange : en
Publisher by : Cambridge University Press
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Total Read : 36
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Description : This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.


The Anthropology Of Islamic Law

Author by : Aria Nakissa
Languange : en
Publisher by : Oxford University Press
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Total Read : 28
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Description : The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education. The book combines anthropology and Islamist history, using ethnography and in-depth analysis of Arabic religious texts. The book focuses on higher religious learning in contemporary Egypt, examining its intellectual, ethical, and pedagogical dimensions. Data is drawn from fieldwork inside al-Azhar University, Cairo University's Dar al-Ulum, and the network of traditional study circles associated with the al-Azhar mosque. Together these sites constitute the most important venue for the transmission of religious learning in the contemporary Muslim world. The book gives special attention to contemporary Egypt, and also provides a broader analysis relevant to Islamic legal doctrine and religious education throughout history.


A History Of The Islamic World 600 1800

Author by : Jo Van Steenbergen
Languange : en
Publisher by : Routledge
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Description : A History of the Islamic World, 600–1800 supplies a fresh and unique survey of the formation of the Islamic world and the key developments that characterize this broad region’s history from late antiquity up to the beginning of the modern era. Containing two chronological parts and fourteen chapters, this impressive overview explains how different tides in Islamic history washed ashore diverse sets of leadership groups, multiple practices of power and authority, and dynamic imperial and dynastic discourses in a theocratic age. A text that transcends many of today’s popular stereotypes of the premodern Islamic past, the volume takes a holistically and theoretically informed approach for understanding, interpreting, and teaching premodern history of Islamic West-Asia. Jo Van Steenbergen identifies the Asian connectedness of the sociocultural landscapes between the Nile in the southwest to the Bosporus in the northwest, and the Oxus (Amu Darya) and Jaxartes (Syr Darya) in the northeast to the Indus in the southeast. This abundantly illustrated book also offers maps and dynastic tables, enabling students to gain an informed understanding of this broad region of the world. This book is an essential text for undergraduate classes on Islamic History, Medieval and Early Modern History, Middle East Studies, and Religious History.


Child Custody In Islamic Law

Author by : Ahmed Fekry Ibrahim
Languange : en
Publisher by : Cambridge University Press
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Total Read : 88
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Description : Pre-modern Muslim jurists drew a clear distinction between the nurturing and upkeep of children, or 'custody', and caring for the child's education, discipline, and property, known as 'guardianship'. Here, Ahmed Fekry Ibrahim analyzes how these two concepts relate to the welfare of the child, and traces the development of an Islamic child welfare jurisprudence akin to the Euro-American concept of the best interests of the child, enshrined in the Convention on the Rights of the Child (CRC). Challenging Euro-American exceptionalism, he argues that child welfare played an essential role in agreements designed by early modern Egyptian judges and families, and that Egyptian child custody laws underwent radical transformations in the modern period. Focusing on a variety of themes, including matters of age and gender, the mother's marital status, and the custodian's lifestyle and religious affiliation, Ibrahim shows that there is an exaggerated gap between the modern concept of the best interests of the child and pre-modern Egyptian approaches to child welfare.


China And Islam

Author by : Matthew S. Erie
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
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Description : China and Islam examines the intersection of two critical issues of the contemporary world: Islamic revival and an assertive China, questioning the assumption that Islamic law is incompatible with state law. It finds that both Hui and the Party-State invoke, interpret, and make arguments based on Islamic law, a minjian (unofficial) law in China, to pursue their respective visions of 'the good'. Based on fieldwork in Linxia, 'China's Little Mecca', this study follows Hui clerics, youthful translators on the 'New Silk Road', female educators who reform traditional madrasas, and Party cadres as they reconcile Islamic and socialist laws in the course of the everyday. The first study of Islamic law in China and one of the first ethnographic accounts of law in postsocialist China, China and Islam unsettles unidimensional perceptions of extremist Islam and authoritarian China through Hui minjian practices of law.


Shari A Law And Modern Muslim Ethics

Author by : Robert W. Hefner
Languange : en
Publisher by : Indiana University Press
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Description : Many Muslim societies are in the throes of tumultuous political transitions, and common to all has been heightened debate over the place of shari`a law in modern politics and ethical life. Bringing together leading scholars of Islamic politics, ethics, and law, this book examines the varied meanings and uses of Islamic law, so as to assess the prospects for democratic, plural, and gender-equitable Islamic ethics today. These essays show that, contrary to the claims of some radicals, Muslim understandings of Islamic law and ethics have always been varied and emerge, not from unchanging texts but from real and active engagement with Islamic traditions and everyday life. The ethical debates that rage in contemporary Muslim societies reveal much about the prospects for democratic societies and a pluralist Islamic ethics in the future. They also suggest that despite the tragic violence wrought in recent years by Boko Haram and the Islamic State in Iraq, we may yet see an age of ethical renewal across the Muslim world.


Dimensions Of Transformation In The Ottoman Empire From The Late Medieval Age To Modernity

Author by : Anonim
Languange : en
Publisher by : BRILL
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Description : This book is dedicated to Metin Kunt, which primarily examines diverse cases of changes throughout Ottoman history. Both specialist and non-specialist readers will explore and understand the complexities concerning the longevity as well as the tenacity of the Ottoman Empire.


Politics Of Honor In Ottoman Anatolia

Author by : Başak Tuğ
Languange : en
Publisher by : BRILL
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Total Read : 36
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Description : In Politics of Honor Başak Tuğ examines moral and gender order of mid-eighteenth-century Anatolia through petitions and court records to reveal the new and existing mechanisms of social surveillance to overcome imperial anxieties about provincial “disorder”.


Sexual And Gender Diversity In The Muslim World

Author by : Vanja Hamzic
Languange : en
Publisher by : Bloomsbury Publishing
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Total Read : 21
Total Download : 149
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Description : Discrimination on the grounds of sexual orientation or gender identity is forbidden in contemporary international human rights law, yet in many interpretations of Islamic law, this is seen to contradict the tenets of Islam. Vanja Hamzic here offers a path-breaking historical and anthropological analysis of the discourses on sexual and gender diversity in the Muslim world. The first of its kind, the book sheds new light on the understanding of diversity and resistance to hegemonic visions of the self in Muslim societies. Combining first-hand ethnographic accounts of Muslims in contemporary Pakistan including the hijra community whose pluralist sexual and gender experience defy the disciplinary gaze of both international and state law with new archival research, this book provides a unique mapping of Islamic jurisprudence, court practice and social developments in the Muslim world. Hamzic provides a comprehensive look at the ways in which sexually diverse and gender-variant Muslims are seen, and see themselves, within the context of the Islamic legal tradition.


Harmonizing Similarities

Author by : Elias G. Saba
Languange : en
Publisher by : Walter de Gruyter GmbH & Co KG
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Description : "Harmonizing Similarities" is a study of the legal distinctions (al-furūq al-fiqhiyya) literature and its role in the development of the Islamic legal heritage. This book reconsiders how the public performance of Islamic law helped shape legal literature. It identifies the origins of this tradition in contemporaneous lexicographic and medical literature, both of which demonstrated the productive potential of drawing distinctions. Elias G. Saba demonstrates the implications of the legal furūq and how changes to this genre reflect shifts in the social consumption of Islamic legal knowledge. The interest in legal distinctions grew out of the performance of knowledge in formalized legal disputations. From here, legal distinctions incorporated elements of play through its interactions with the genre of legal riddles. As play, books of legal distinctions were supplements to performance in literary salons, study circles, and court performances; these books also served as mimetic objects, allowing the reader to participate in a session virtually. Saba underscores how social and intellectual practices helped shape the literary development of Islamic law and that literary elaboration became a main driver of dynamism in Islamic law.


Land And Law In Mughal India

Author by : Nandini Chatterjee
Languange : en
Publisher by : Cambridge University Press
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Total Read : 12
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Description : In this innovative, micro-historical approach to law, empire and society in India from the Mughal to the colonial period, Nandini Chatterjee explores the dramatic, multi-generational story of a family of Indian landlords negotiating the laws of three empires: Mughal, Maratha and British. This title is also available as Open Access.


Sharie A In The Russian Empire

Author by : Paolo Sartori
Languange : en
Publisher by : Edinburgh University Press
Format Available : PDF, ePub, Mobi
Total Read : 63
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Description : This book looks at how Islamic law was practiced in Russia from the conquest of the empire's first Muslim territories in the mid-1500s to the Russian Revolution of 1917, when the empire's Muslim population had exceeded 20 million. It focuses on the training of Russian Muslim jurists, the debates over legal authority within Muslim communities and the relationship between Islamic law and 'customary' law. Based upon difficult to access sources written in a variety of languages (Arabic, Chaghatay, Kazakh, Persian, Tatar), it offers scholars of Russian history, Islamic history and colonial history an account of Islamic law in Russia of the same quality and detail as the scholarship currently available on Islam in the British and French colonial empires.


Scholars And Sultans In The Early Modern Ottoman Empire

Author by : Abdurrahman Atc L.
Languange : en
Publisher by : Cambridge University Press
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Total Read : 36
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Description : This book examines the transformation of scholars into scholar-bureaucrats and discusses ideology, law and administration in the Ottoman Empire.


Authority And Identity In Medieval Islamic Historiography

Author by : Mimi Hanaoka
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 51
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Description : Intriguing dreams, improbable myths, fanciful genealogies, and suspect etymologies. These were all key elements of the historical texts composed by scholars and bureaucrats on the peripheries of Islamic empires between the tenth and fifteenth centuries. But how are historians to interpret such narratives? And what can these more literary histories tell us about the people who wrote them and the times in which they lived? In this book, Mimi Hanaoka offers an innovative, interdisciplinary method of approaching these sorts of local histories from the Persianate world. By paying attention to the purpose and intention behind a text's creation, her book highlights the preoccupation with authority to rule and legitimacy within disparate regional, provincial, ethnic, sectarian, ideological and professional communities. By reading these texts in such a way, Hanaoka transforms the literary patterns of these fantastic histories into rich sources of information about identity, rhetoric, authority, legitimacy, and centre-periphery relations.


Religions And Constitutional Transitions In The Muslim Mediterranean

Author by : Alessandro Ferrari
Languange : en
Publisher by : Taylor & Francis
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Total Read : 51
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Description : This book investigates the role of Islam and religious freedom in the constitutional transitions of six North African and Middle Eastern countries, namely Morocco, Algeria, Tunisia, Egypt, Turkey, and Palestine. In particular, the book, with an interdisciplinary approach, investigates the role of Islam as a political, institutional and societal force. Issues covered include: the role played by Islam as a constitutional reference – a "static force" able to strengthen and legitimize the entire constitutional order; Islam as a political reference used by some political parties in their struggle to acquire political power; and Islam as a specific religion that, like other religions in the area, embodies diverse perspectives on the nature and role of religious freedom in society. The volume provides insight about the political dimension of Islam, as used by political forces, as well as the religious dimension of Islam. This provides a new and wider perspective able to take into account the increasing social pluralism of the South-Mediterranean region. By analyzing three different topics – Islam and constitutionalism, religious political parties, and religious freedom – the book offers a dynamic picture of the role played by Islam and religious freedom in the process of state-building in a globalized age in which human rights and pluralism are crucial dimensions.


Islam And Law In Lebanon

Author by : Morgan Clarke
Languange : en
Publisher by : Cambridge University Press
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Total Read : 45
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Description : The modern state of Lebanon, created after the fall of the Ottoman Empire, is home to eighteen officially recognised different religious communities (or sects). Crucially, political office and representation came to be formally shared along confessional lines, and the privileges of power are distributed accordingly. One such key prerogative is exclusivity when it comes to personal status laws: the family legal affairs of each community. In this book, Morgan Clarke offers an authoritative and dynamic account of how the sharia is invoked both with Lebanon's state legal system, as Muslim family law, and outside it, as a framework for an Islamic life and society. By bringing together an in-depth analysis of Lebanon's state-sponsored sharia courts with a look at the wider world of religious instruction, this book highlights the breadth of the sharia and the complexity of the contexts within which it is embedded.


Collective Liability In Islam

Author by : Nurit Tsafrir
Languange : en
Publisher by : Cambridge University Press
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Description : Provides a close analysis of theʿAqila, a group collectively liable for blood money payments, in Islamic law and history.


Studies In Islamic Historiography

Author by : Sami G. Massoud
Languange : en
Publisher by : BRILL
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Total Read : 23
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Description : Studies in Islamic Historiography: Essays in Honour of Professor Donald P. Little examines historiographical production in a variety of milieus and traditions, from the classical to the early modern periods.


Re Imagining Democracy In The Mediterranean 1780 1860

Author by : Joanna Innes
Languange : en
Publisher by : Oxford University Press
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Total Read : 19
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Description : Mediterranean states are often thought to have 'democratised' only in the post-war era, as authoritarian regimes were successively overthrown. On its eastern and southern shores, the process is still contested. Re-imagining Democracy looks back to an earlier era, the late eighteenth and early nineteenth centuries, and argues it was this era when some modern version of 'democracy' in the region first began. By the 1860s, representative regimes had been established throughout southern Europe, and representation was also the subject of experiment and debate in Ottoman territories. Talk of democracy, its merits and limitations, accompanied much of this experimentation - though there was no agreement as to whether or how it could be given stable political form. Re-imagining Democracy assembles experts in the history of the Mediterranean, who have been exploring these themes collaboratively, to compare and contrast experiences in this region, so that they can be set alongside better-known debates and experiments in North Atlantic states. States in the region all experienced some form of subordination to northern 'great powers'. In this context, their inhabitants had to grapple with broader changes in ideas about state and society while struggling to achieve and maintain meaningful self-rule at the level of the polity, and self-respect at the level of culture. Innes and Philip highlight new research and ideas about a region whose experiences during the 'age of revolutions' are at best patchily known and understood, as well as to expand understanding of the complex and variegated history of democracy as an idea and set of practices.