Sous tutelle. Biens sans maître et successions vacantes dans une perspective comparative, XIIIe-XXe siècles / Under Guardianship. Properties without Owner and Vacant Successions in a Comparative Perspective, 13th-20th Centuries (original) (raw)

Tout OpenEdition 1 The two workshops were made possible by funds provided by the Marie Skłodowska-Curie Individual Fellowship awarded to Alessandro Buono (Call: H2020-MSCA-IF-2014; project: yet the strategies devised for the establishment of such institutions as "ancestral property" or "lineage property" cannot but bring to the fore some of the aspects elaborated in the previous case studies. While, even in the Chinese scenario, the imperial authorities did eventually make a few claims on the property of extinct households, this process cannot be simply equated to the progressive replacement of the "private-family" sphere with the "public-state" sphere. Sun and Gabbiani's essay focuses on the specific case of the "incapacitation" of women, who were excluded from inheritance in many different ways and who were considered, depending on the circumstances, as a danger for the household or as a subject in danger and, as such, in need of protection by local and supra-local authorities as well as by lineages. In turn, the Chinese context leads to a subject, which, though no less central to the Christian and Islamic worlds, seems even more blatant in the East Asian sphere. The role of "ritual succession" and of the "ritual heir", the guarantee of the ancestral cult and the safeguarding of the associated property take center stage in Martina Deuchler's and Marie Seong-Hak Kim's articles, the first on Chosŏn Korea (1392-1910) and the second on the period of Japanese colonial rule in that same country (1910-1945). In her description of the mechanisms set up for the management of economic and ritual inheritance from the times of the Koryŏ dynasty (932-1392) until the adoption of Neo-Confucian social norms in the early decades of the Chosŏn dynasty, Deuchler points out that Korea's social structure, largely based on corporate households and singlesurname villages, tended to turn the problems of abeyance and of vacant estates into an ancillary question. By means of entities such as the munjung, which grouped all agnates of the lineage or lineage segments, moments of crisis (such as the inadequacy or lack of a suitable individual able to take on the duties of the "ritual heir", i.e. the ancestral cult and the management of the family's properties) were largely handled within the group, with the state authorities having little or no say in these matters. While in pre-modern Korea, the language of rites and its rationale spelled out times of discontinuity and helped rebuild continuity beyond the hiatus of succession, Kim's essay-about the "Western" legal logic brought in by the Japanese colonial ruler-gives pride of place to a comparative analysis between the "traditional" ritual approaches, as understood and standardized by the Japanese colonial courts, and the "modern" legal approaches that such courts tried to spread. In this instance, the problem of succession, far from losing its centrality, appears as a veritable battlefield in a colonial context in which the boundaries between the economic and the ritual, the public and the private, the family and the state, were redefined. Accueil L'Atelier du CRH 22 The King Heir. Claiming Vacant Es... L'Atelier du Centre de recherches historiques Revue électronique du CRH 22 | 2020 : Sous tutelle. Biens sans maître et successions vacantes dans une perspective comparative, XIIIe-XXe siècles The King Heir. Claiming Vacant Estate Succession in Europe and in the Spanish World (13th-18th Centuries) Le roi héritier. Les revendications sur la succession vacante en Europe et dans le Monde espagnol XIIIe-XVIIIe siècles ALESSANDRO BUONO