A killing in Tripoli (1843): principle and contingency and personal diplomacy
Abstract This article examines the trial in 1843 and 1844 of Giovanni Battista Caruana, a Maltese, for the murder of a Jew in Tripoli. He was found guilty but was not executed because the victim's impoverished wife agreed to accept compensation. The case took place against the background of the British government's increasing impatience with what they saw as uncontrolled Maltese and Ionian communities, leading to the enactment of the Foreign Jurisdiction Act of 1844. It also demonstrated the importance of the individual authority of the Consul, Hanmer Warrington, and the extent to which consuls' personal objectives and opinions weighed on the development of British policy, and the extent to which Warrington's concern to uphold the law coincided with that of the Pasha of Tripoli, so that the case led to a close identification between the local government and the British consular representative.
Judges v. Jurors: Courtroom Tensions in Murder Trials and the Law of Criminal Responsibility in Nineteenth-Century England
Although it is well known that the criminal law's administration in nineteenth-century England altered decisively, little important change has been noted in the substantive criminal law. Yet change there was, but produced less through legislation (as was much administrative change) or even appeals court rulings than through everyday criminal justice practice. In particular, the effective meanings of legal terms central to the prosecution of homicide—terms such as provocation, intention, and insanity—were in motion during the nineteenth century as part of a broader redefining and reimagining of liability and responsibility. To grasp these often subtle shifts of meaning, we must look to the sites in which they occurred, the most important of which were the courtrooms of the assize courts, where the most serious offenses were tried.
Factionalism Among Syrian Nationalists During the French Mandate
It is ironic and perhaps telling that the one national independence movement largely ignored by historians of the Arab Middle East is the Syrian nationalist movement. The irony, of course, is that the birthplace of Arab nationalism was Syria; it was to Damascus that Arab nationalists in Palestine, Iraq and elsewhere looked for inspiration, guidance, and moral support in the interwar period; and out of the Syrian movement sprang the radical nationalism of the Ba'thists. Intellectual histories of the precursors, birth, and content of Arab nationalism abound, and, insofar as these histories deal with the birthplace of Arab nationalism, they must discuss Damascus and Syria just prior to and during World War I. But once the intellectual birth of Arab nationalism has been discussed, interest in the history of Syria wanes to be revived only after World War II, with the emergence of Ba'thism and the military in politics. What follows is by no means a comprehensive analysis of the nature and organization of the Syrian national independence movement; rather, it is a preliminary investigation of some salient characteristics of the politics of Syrian-Arab nationalism in the early years of the French Mandate.