History of law

Late Roman Empire makes a valuable contribution to the field. She is among a handful of classicists re-examining and refining our knowledge of the sociopolitical and legal realities. Roman antiquity which is neither as autocratic nor as barbarous as once believed. Though in theory the emperors of the Dominate were subject to no external authority, they emerge as concerned with and responsive to the social needs of the empire's population, as witnessed especially through the lens of imperial legislation.
Rooted in analyses of the complex interaction of law, property, power, and culture, presents the groundwork for more conceptions of culture at a global scale. It resonates with recent studies of contemporary "cultural globalization" that examine the mutual production of difference and homogeneity, while adding a dynamic historical dimension.
Benton proposes the idea of a "legal regime" as broadly shared conceptions of how legal authorities are ordered and distinguished. She argues that a legal regime emerged across the Americas, Africa, the Indian Ocean, and Europe in the fifteenth and sixteenth centuries, based on the mutual recognition of distinct spheres of judicial authority and the common negotiation of standards for exchange and interaction. In the nineteenth century this "weak" pluralism transformed into a "strong" pluralism in which legal jurisdictions were increasingly structured under a colonial states.
This growing centralization was not the inevitable expansion of European power and "rule of law," but was impelled by local struggles over authority and property. Conflicts and jockeying between separate jurisdictions were assertions of cultural difference and autonomy, but also relied on appeals to higher powers that could fortify particular claims. The livelihood of legal intermediaries was dependent on the existence of distinct jurisdictions across which they could negotiate, but their very services also facilitated access to outside authorities and blurred the differences between them.
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