Law and History Review最新文献

“Lost in Translation”: Extraterritoriality, Subjecthood, and Subjectivity in the Anglo–Yemeni Treaty of 1821 "翻译中的迷失1821 年英也条约》中的治外法权、主体性和主体性

IF 0.8 3区社会学

Law and History Review Pub Date : 2024-05-27 DOI: 10.1017/s0738248024000105

Itamar Toussia Cohen

{"title":"“Lost in Translation”: Extraterritoriality, Subjecthood, and Subjectivity in the Anglo–Yemeni Treaty of 1821","authors":"Itamar Toussia Cohen","doi":"10.1017/s0738248024000105","DOIUrl":"https://doi.org/10.1017/s0738248024000105","url":null,"abstract":"In 1821, an expeditionary force of the Bombay Marine imposed an unequal treaty upon the imam of Sana‘a, sovereign of the Yemeni port of Mocha. Previous accounts, depicting the incident as a standard rehearsal of British gunboat diplomacy, have overlooked an important legal innovation enfolded in the treaty wherein the East India Company's claim for extraterritorial jurisdiction over British subjects in Mocha was expanded to include not only British European subjects of the Crown and certain native dependents of the factory, but also the entire Indian merchant population of the port. Bombay's claim stood on shaky ground, however, as the legal boundaries of British subjecthood in the Indian subcontinent were anything but clear, not least to colonial administrators themselves. Prosaically enough, the intervention was foiled by an inaccurate translation of the treaty from English to Arabic, demonstrating the extent to which Company officials were at the mercy of non-Western middlemen and translators who brokered between them and local rulers and administrators. A second line of inquiry in this article thus looks at the structural vulnerabilities of legal imperialism, reflecting upon the potential of contradictions and untranslatabilities between British-imperial and Arab-Islamic legal and epistemological assumptions in shaping the outcomes of the imperial encounter in the western Indian Ocean.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"49 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141169364","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Witnesses for the State: Children and the Making of Modern Evidence Law 国家的证人：儿童与现代证据法的形成

IF 0.8 3区社会学

Law and History Review Pub Date : 2024-05-13 DOI: 10.1017/s0738248024000099

Laura Savarese

{"title":"Witnesses for the State: Children and the Making of Modern Evidence Law","authors":"Laura Savarese","doi":"10.1017/s0738248024000099","DOIUrl":"https://doi.org/10.1017/s0738248024000099","url":null,"abstract":"This article identifies an overlooked legacy of the child protection movement in the late-nineteenth and early-twentieth-century U.S.: transformations in evidence law and procedure that undermined common-law restrictions on children's testimony. Scholarship on the nineteenth-century modernization of evidence law argues that the rise of cross-examination allowed for the demise of common-law witness disqualification rules. The erosion of restrictions on children's testimony, however, requires an alternative or additional explanation, because cross-examination did not allay fears about children's reliability. The driving force for changes in the law governing child witnesses, I argue, was the slate of nineteenth-century child protection laws whose enforcement typically required children's testimony. The case study of Progressive-Era New York, presented here, reveals how evidence law and procedure adapted to substantive law's demand for children's evidence: reformers legislated an exception to the common-law oath requirement in children's cases, pushed trial courts to modernize their approach to examining child witnesses’ competency, and expanded the state's power to detain children as material witnesses. Those reforms fostered the ends of law enforcement, but did not resolve enduring debates about the reliability risks of children's testimony and the costs of testifying for children's wellbeing.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"98 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140928562","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Cartojuridism of the British East India Company 英国东印度公司的卡特尔主义

IF 0.8 3区社会学

Law and History Review Pub Date : 2024-05-09 DOI: 10.1017/s0738248024000051

Sabarish Suresh

{"title":"The Cartojuridism of the British East India Company","authors":"Sabarish Suresh","doi":"10.1017/s0738248024000051","DOIUrl":"https://doi.org/10.1017/s0738248024000051","url":null,"abstract":"This paper will engage with the early colonial maps of the British East India Company to analyze its representative, as well as creative, functions, delineating how maps represent existing legal relations, entrench hierarchies, and visually transmit projected, and aspired, notions of legal authority and sovereignty. This paper studies the constitutive role of cartography apropos law, territory, and social order, in a specific historical context, by examining the crucial political role played by the British East India Company's cartographic practices and maps in aspiring and imagining the transplantation and establishment of English sovereignty in the Indian subcontinent. This paper will also show how British maps visually entrenched and supplemented unique forms of social hierarchy and marginalization, and legal categories and stratifications, in Indian cities. By analyzing maps, memoirs, cartouches, dedications, ornaments, plans, prospects, and historical manuscripts appertaining to the eighteenth and early nineteenth century operations of the Company, this paper will demonstrate, firstly, that cartography preceded, visually imagined, and set the stage for the coalescence of British sovereignty and the expansion of its law in the Indian subcontinent; secondly, that cartography provided the visual support for social ordering; and thirdly, that maps do not have a singular function. This paper proposes a notion of cartojuridism to capture the myriad ways in which cartography, law, sovereignty, and society intersect and relate with each other.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"22 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140928630","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Abolition of Slavery in Africa's Legal Histories 非洲法律史中的废除奴隶制

IF 0.8 3区社会学

Law and History Review Pub Date : 2024-03-08 DOI: 10.1017/s0738248023000585

Benedetta Rossi

引用次数: 0

The Sultans of Zanzibar and the Abolition of Slavery in East Africa 桑给巴尔苏丹和东非奴隶制的废除

IF 0.8 3区社会学

Law and History Review Pub Date : 2024-03-04 DOI: 10.1017/s0738248023000561

Michelle Liebst

{"title":"The Sultans of Zanzibar and the Abolition of Slavery in East Africa","authors":"Michelle Liebst","doi":"10.1017/s0738248023000561","DOIUrl":"https://doi.org/10.1017/s0738248023000561","url":null,"abstract":"In 1890, Sultan Ali of Zanzibar declared in writing that “we wish by every means to stop the slave trade.” Statements like these, in addition to the actual passing of anti-slavery legislation, call into question the generally accepted scholarly understanding that the sultans of Zanzibar only agreed to pass and enforce anti-slavery legislation because they were under duress from European, mainly British, powers, who negotiated favorable political and economic benefits in return for (gradual) abolition. A close analysis of the sources tells a more complicated story of both collaboration and conflict between the Zanzibari sultans, their subjects, and the British agents. Moreover, each sultan had distinctive political and religious beliefs, as well as individual personal experiences and outlooks. This paper explores the anti-slavery legislation passed under three sultans of Zanzibar: Barghash bin Said (1870–1888) who prohibited the transport of slaves by sea in 1873, Ali bin Said (1890–1893) who passed the Slave Trade Prohibition Decree of 1890, and Hamoud bin Mohammed (1896–1902) who passed the Abolition Decree of 1897. By analyzing draft treaties and correspondence before and after the passing of legislation, this paper argues that the sultans and their advisors were not devoid of ideological interest in ending slavery; and that British agents and explorers in the region were too hastily hailed as abolitionists.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"45 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140098237","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Carried-Off and the Constitution: How British Harboring of Fugitives from American Slavery Led to the Constitution of 1787 被携带者与宪法：英国窝藏美国奴隶制逃犯如何导致了 1787 年宪法的诞生

IF 0.8 3区社会学

Law and History Review Pub Date : 2024-02-13 DOI: 10.1017/s0738248024000038

Timothy Messer-Kruse

引用次数: 0

Abolitionist Decrees in Ethiopia: The Evolution of Anti-Slavery Legal Strategies from Menilek to Haile Selassie, 1889–1942 埃塞俄比亚的废奴法令：从梅尼利克到海尔-塞拉西的反奴隶制法律战略演变，1889-1942 年

IF 0.8 3区社会学

Law and History Review Pub Date : 2024-02-12 DOI: 10.1017/s073824802300055x

Takele Merid, Alexander Meckelburg

引用次数: 0

Pathologization, Law, and Gender in Cases of Infanticide in Spain and the Netherlands in the Mid-Twentieth Century: A Comparative Perspective 二十世纪中叶西班牙和荷兰杀婴案件中的病态化、法律和性别问题：比较视角

IF 0.8 3区社会学

Law and History Review Pub Date : 2024-01-23 DOI: 10.1017/s0738248023000652

Willemijn Ruberg, Sara Serrano Martínez

{"title":"Pathologization, Law, and Gender in Cases of Infanticide in Spain and the Netherlands in the Mid-Twentieth Century: A Comparative Perspective","authors":"Willemijn Ruberg, Sara Serrano Martínez","doi":"10.1017/s0738248023000652","DOIUrl":"https://doi.org/10.1017/s0738248023000652","url":null,"abstract":"This article compares how gender and pathologization were entangled in the laws on infanticide in Spain and the Netherlands in 1930–1960, as well as in court practices. Both countries knew lenient laws for women who killed their newborn babies. These laws themselves did not assume that these women were suffering from a mental disorder, even though they referred to emotional state. In Spain, where the notion of honor was more important in the law, from the 1940s a debate was held about the relationship between mental illness and infanticide laws in the context of the Franco regime's emphasis on pronatalism. While in Spain the institutional monopoly of the generalist forensic physician as preferred expert excluded psychiatrists, in the Netherlands forensic psychiatrists were more influential, and their role increased from the 1950s. The article argues that regardless of many differences in forensic and political culture in both countries infanticidal women were pathologized: in Spain mostly via some interpretations of the infanticide law, and in the Netherlands via forensic psychiatry. However, pathologization, we show, involved many lay actors such as lawyers, legal scholars, and probation services.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"65 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139587667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A Christmas Eve Murder and the Notorious Georges: Community Identity in Northern British Columbia, 1913/14 圣诞夜谋杀案和臭名昭著的乔治家族：1913/14 年不列颠哥伦比亚省北部的社区认同

IF 0.8 3区社会学

Law and History Review Pub Date : 2024-01-19 DOI: 10.1017/s0738248023000536

Jonathan Swainger

{"title":"A Christmas Eve Murder and the Notorious Georges: Community Identity in Northern British Columbia, 1913/14","authors":"Jonathan Swainger","doi":"10.1017/s0738248023000536","DOIUrl":"https://doi.org/10.1017/s0738248023000536","url":null,"abstract":"Based upon archival and newspaper sources, this article explores the relationship between the notoriety of South Fort George, Fort George, and Prince George (the Georges) in British Columbia's northern interior, and the sense of self and place for residents on the eve of World War I. The investigation of Harry Porters’ Christmas Eve murder glimpses gender, class, and ethnic sensibilities linking the region with the rest of the province and nation, along with the British Columbia Provincial Police force's reliance on peace keeping in an era that was beginning to reassess what professional policing might entail. The result demonstrates that while the Georges imagined themselves as resting on the periphery of the white settlement frontier, the evidence indicates that in seeking acceptance by opinion leaders elsewhere in the nation, locally self-identified respectable people eagerly embraced the norms of post-Edwardian Canada. That the Georges tawdry reputation persists into the early twenty-first century suggests that the resilience of this notoriety reflects forces at play well-beyond British Columbia's northern interior. Framed in this fashion, the Christmas Eve murder sheds light on the legacies of reputation on the white settlement frontier, the influence of gender, class, and ethnicity in the construction of crime, and the evolution of professional policing.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"8 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139516043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

In Pursuit of Freedom: Oaths, Slave Agency, and the Abolition of Slavery in Western Tanzania, 1905–1930 追求自由：誓言、奴隶中介和 1905-1930 年坦桑尼亚西部废除奴隶制的情况

IF 0.8 3区社会学

Law and History Review Pub Date : 2024-01-19 DOI: 10.1017/s0738248023000615

Salvatory S. Nyanto, Felicitas M. Becker

{"title":"In Pursuit of Freedom: Oaths, Slave Agency, and the Abolition of Slavery in Western Tanzania, 1905–1930","authors":"Salvatory S. Nyanto, Felicitas M. Becker","doi":"10.1017/s0738248023000615","DOIUrl":"https://doi.org/10.1017/s0738248023000615","url":null,"abstract":"This article examines ways in which slaves and missionaries used public declarations before witnesses to carve out a distinctive space of legal proceedings in pursuit of emancipation in western Tanzania. This way of pursuing emancipation shows slaves deploying their intellectual creativity and cultural knowledge to shape the German and British colonial legal systems. Interviews provide evidence that these public declarations drew on long-standing practices of oathing in western Tanzanian societies, while administrative sources indicate that oaths had been used in Islamic legal practice. Both mission and administrative sources show that these public declarations became a fairly routine means to facilitate slave emancipation between about 1907 and the 1920s. They were seen as legitimate by both (ex)owners and (ex)slaves, and were welcomed by officials as they mitigated tensions between owners and slaves, and between slave owners and missions. This legal practice was not codified in either the gradualist German-era laws on slavery or the more proactive abolitionist laws enacted by the British. It was a bottom-up innovation, developed in a context in which effective emancipation depended on drawn-out struggles and negotiations over personal autonomy and malleable social norms.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139516165","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0