Law and History Review最新文献_第10页

Adriana Chira, Patchwork Freedoms: Law, Slavery, and Race Beyond Cuba's Plantations Cambridge: Cambridge University Press, 2022. Pp. 320. $102.95 hardcover (ISBN 9781108499545); $33.95 paperback (ISBN 9781108730808); $24 ebook (ISBN 9781108606677).

IF 0.8 3区社会学

Law and History Review Pub Date : 2022-11-01 DOI: 10.1017/S0738248022000645

Mariana Armond Dias Paes

引用次数: 0

Into Law's Artifice: Postwar Policing, Sexual Difference, and the Epistemic Gap 透视法律的诡计:战后治安、性别差异和认知差距

IF 0.8 3区社会学

Law and History Review Pub Date : 2022-11-01 DOI: 10.1017/S0738248022000694

Yvonne M. Pitts

{"title":"Into Law's Artifice: Postwar Policing, Sexual Difference, and the Epistemic Gap","authors":"Yvonne M. Pitts","doi":"10.1017/S0738248022000694","DOIUrl":"https://doi.org/10.1017/S0738248022000694","url":null,"abstract":"Vice Patrol analyzes how reconfigurations in postwar gay public life, psychiatric research, and policing surveillance technologies recast Americans’ chimerical commitments to purging sexual vice. Before a more radical, visible queer liberation movement emerged after 1969, vice enforcement was not a monolithic project but rather a conglomeration of newly empowered post-Prohibition liquor agents, policing units, and judicial institutions. Enforcement practices and institutional priorities generated inconsistencies over policing sexual difference, creating conflicts that became embedded in judicial processes, themselves fraught with institutional pressures and contradictions. These legal and administrative configurations did more than enforce existing law regulating sexual deviance; they actively produced identifiable targeted groups believed to be predisposed to sexual criminality. Vice Patrol’s insights are urgent; they reveal and explain the historical, institutional, and political processes of negotiating human expression into criminal acts requiring state policing intervention. The intrusive tactics that Lvovsky chronicles did not disappear; they were redirected, which is best articulated in the liberal disillusionment with “urban renewal” and with the Nixon administration's “War on Crime” that targeted “high crime” areas in urban communities of color, propelling forward racialized mass incarceration.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"839 - 845"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48688048","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

From Slaves to Índios: Empire, Slavery, and Race (Maranhão, Brazil, c.1740–90) 从奴隶到Índios:帝国、奴隶制和种族(maranh<e:1>，巴西，约1740 - 90年)

IF 0.8 3区社会学

Law and History Review Pub Date : 2022-11-01 DOI: 10.1017/S0738248022000293

Alexandre Pelegrino

{"title":"From Slaves to Índios: Empire, Slavery, and Race (Maranhão, Brazil, c.1740–90)","authors":"Alexandre Pelegrino","doi":"10.1017/S0738248022000293","DOIUrl":"https://doi.org/10.1017/S0738248022000293","url":null,"abstract":"Northern Brazil experienced consequential socio-economic and legal transformation by the mid-eighteenth century in the context of imperial reforms. If the region relied for decades on the enslavement of Indigenous Americans, the Portuguese crown banned the practiced in 1755. To develop a plantation economy, the monarchy created a trading company responsible for shipping unprecedented number of enslaved Africans. This article discusses ruptures and continuities on the enslavement of Indigenous Americans. It focuses on one city, São Luís, and makes extensive use of Catholic sources (baptisms and marriages), notarial records, and legal cases. The article analyzes the connection between mechanisms that allowed the resilience of slavery (or forms that resembled slavery) and attempts to claim and preserve freedom or autonomy, in this case the strategic use of the índio status. The article develops two of those mechanisms: social dependencies created within the households and the use of socio-racial classifications by the colonial society. I make two interconnected arguments. First, I propose a bottom-up process of Indigenous slavery abolition. Indigenous workers were savvy litigants and they fought for their place as mobile wage laborers within the city. Second, in that moment of socio-economic and legal transformations, slaveholders developed vernacular practices stressing black maternal origins to slaves.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"789 - 815"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45778972","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

Introduction: Rethinking the Policing of Homosexuality in Modern America 引言:重新思考现代美国对同性恋的监管

IF 0.8 3区社会学

Law and History Review Pub Date : 2022-11-01 DOI: 10.1017/s0738248022000669

Ángela Fernández, G. Rao

引用次数: 0

LHR volume 40 issue 4 Cover and Back matter LHR第40卷第4期封面和封底

IF 0.8 3区社会学

Law and History Review Pub Date : 2022-11-01 DOI: 10.1017/s0738248023000123

引用次数: 0

Protecting the Colony from its People: Bushranging, Vagrancy, and Social Control in Colonial New South Wales 保护殖民地免受人民的伤害：新南威尔士殖民地的丛林、流浪和社会控制

IF 0.8 3区社会学

Law and History Review Pub Date : 2022-10-31 DOI: 10.1017/S0738248022000360

Meg Foster

{"title":"Protecting the Colony from its People: Bushranging, Vagrancy, and Social Control in Colonial New South Wales","authors":"Meg Foster","doi":"10.1017/S0738248022000360","DOIUrl":"https://doi.org/10.1017/S0738248022000360","url":null,"abstract":"During the 1830s, the Bushranging Act and the Vagrancy Act were crafted to prevent crime, revolt and insurrection in the colony of New South Wales. These statutes contained exceptional methods to police and control colonial populations and suspended legal safeguards designed to protect the population from abuses of power. Supporters of the laws argued that extreme measures were necessary due to the emergency of the occasion. Understanding the Bushranging Act and the Vagrancy Act’s enactment and operation, as well as the purposes they were designed to serve and the liberties they infringed to achieve these ends requires attention to local circumstance. A fine-grained analysis, rooted in the peculiarities of life in colonial New South Wales and anchored by the law’s operation on the ground is needed to understand the malleability of British law at this place and at this time. In this article, I argue that rather than a select criminal contingent, the New South Wales’ authorities increasingly feared that the composition of the colony threatened their colonial enterprise. The Bushranging Act of 1830 and the Vagrancy Act of 1835 contained wide coercive and discretionary powers to mitigate the extent of this threat.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"655 - 677"},"PeriodicalIF":0.8,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47952688","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

Material Pluralism and Symbolic Violence: Palm Leaf Deeds and Paper Land Grants in Colonial Sri Lanka, 1680–1795 物质多元化与象征暴力:1680-1795年殖民斯里兰卡的棕榈叶契约和纸上土地授予

IF 0.8 3区社会学

Law and History Review Pub Date : 2022-10-14 DOI: 10.1017/S0738248022000426

D.B.G.W. Lyna, L. Bulten

{"title":"Material Pluralism and Symbolic Violence: Palm Leaf Deeds and Paper Land Grants in Colonial Sri Lanka, 1680–1795","authors":"D.B.G.W. Lyna, L. Bulten","doi":"10.1017/S0738248022000426","DOIUrl":"https://doi.org/10.1017/S0738248022000426","url":null,"abstract":"This article studies the registration practices of land and property on palm leaf deeds (olas) in Sri Lanka, in relationship to the advent of paper land grants (giftebrieven) under the Dutch East India Company (VOC)’s rule in the long eighteenth century. A database of about 2500 Dutch land grant deeds and translated olas, ranging from 1685 to 1795 are contextualised via judicial records of Dutch civil courts, where (translated) olas were regularly used as evidence. Not only does this allow us to track the geographical encroachment of Dutch power over coastal Sri Lanka as part of a colonial transition, but at the same time shift the perspective to study which individuals and communities on the island engaged with Dutch land bureaucracy. In doing so, we showcase the continued importance of traditional ola deeds and (pre-)colonial registers for both local land owners and the colonial bureaucracy itself, regardless of the Dutch government’s push for paper, attempted to delegitimise the local ola recordings, and acts of symbolic violence to infringe on both the materiality as well as the perceived importance of palm leaf deeds. In the long eighteenth century several paper and palm leaf realities coexisted in Sri Lanka and at times conflicted, entangled, and convoluted within and outside the bureaucratic institutions to form what ‘material pluralism’ within a larger context of legal pluralities.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"4 1","pages":"453 - 477"},"PeriodicalIF":0.8,"publicationDate":"2022-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41281596","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

Killing in the Name Of? Capital Punishment in Colonial and Postcolonial India 以…的名义杀人？印度殖民地和后殖民地的死刑

IF 0.8 3区社会学

Law and History Review Pub Date : 2022-10-07 DOI: 10.1017/S0738248022000335

A. McClure

{"title":"Killing in the Name Of? Capital Punishment in Colonial and Postcolonial India","authors":"A. McClure","doi":"10.1017/S0738248022000335","DOIUrl":"https://doi.org/10.1017/S0738248022000335","url":null,"abstract":"Unlike whipping, which was quickly abolished following independence, India has continued to hold tightly to the noose’s rope and remains a retentionist country to our present day. Notably, though the number of executions would fall dramatically in the first decades of India’s postcolonial history, the list of crimes made punishable by death has grown ever longer in recent years. Rather than positing the continued presence of the death penalty as an anachronism ill-suited for a modern democracy, this article takes seriously the legal and discursive developments that allowed the most infamous of penal institutions to travel safely across India’s twentieth century. From something that begun as a distilled expression of racialised colonial state power, like many other state institutions during this period, the death penalty would undergo a series of changes to remain relevant amidst new organizing political principles of representative democracy and popular will. Moving from the first formal efforts at abolition in the 1920s, through constitutional assembly debates in the 1940s, and Supreme Court judgements between 1967-83, the article positions capital punishment as a product of both deep colonial inheritances, and a particular process of postcolonial translation. Becoming fully couched in the language of popular sentiment by the culmination of this legal transformation, this violence would become well-positioned to grow within a national political culture increasingly organised around majoritarian expressions of national belonging.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"365 - 385"},"PeriodicalIF":0.8,"publicationDate":"2022-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43035189","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

“They Call it Schaec in Flemish”: The Language of Abduction with Marital Intent in the Late Medieval Low Countries “他们在佛兰德语中称之为Schaec”:中世纪晚期低地国家中带有婚姻意图的绑架语言

IF 0.8 3区社会学

Law and History Review Pub Date : 2022-09-23 DOI: 10.1017/S0738248022000323

Chanelle Delameillieure

引用次数: 0

The Sailing Scribes: Circulating Law in the Twentieth-Century Indian Ocean 航海抄写员:20世纪印度洋的循环法

IF 0.8 3区社会学

Law and History Review Pub Date : 2022-08-30 DOI: 10.1017/S0738248022000402

F. Bishara

{"title":"The Sailing Scribes: Circulating Law in the Twentieth-Century Indian Ocean","authors":"F. Bishara","doi":"10.1017/S0738248022000402","DOIUrl":"https://doi.org/10.1017/S0738248022000402","url":null,"abstract":"What did the practice of law look like on the high seas? This has been a matter of some discussion among legal historians, with the bulk of the evidence coming from encounters between European ships in the Atlantic and Asia. This article takes a different tack, taking as its starting point a series of contracts copied into the logbook of the early-twentieth century Arab dhow captain (nakhoda) ‘Abdulmajeed Al-Failakawi. Although some of these appear to have been contracts that the nakhoda entered into or witnessed, most were contractual templates that presented formulas for a variety of written obligations between members of the Indian Ocean maritime community. In reading these formulas alongside contracts left behind by Al-Failakawi and other Indian Ocean nakhodas, I reflect on how law circulated by members of an itinerant society of mariners that sought to forge the contours of a commercial world on their ships and across the waters, and weave it through an imperial seascape. I explore how workaday forms of law and legal epistemologies circulated around the maritime marketplaces of the Indian Ocean world, at the margins of a colonial and imperial political economy, through actors who read across different genres of literature, and who moved between the multiple roles of captain, navigator, supercargo, and scribe.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"587 - 604"},"PeriodicalIF":0.8,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48040798","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