Law and History Review最新文献_第2页

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":null,"pages":null},"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

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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

LHR volume 42 issue 1 Cover and Back matter LHR 第 42 卷第 1 期封面和封底

IF 0.8 3区社会学

Law and History Review Pub Date : 2024-02-01 DOI: 10.1017/s0738248024000014

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":null,"pages":null},"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}

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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":null,"pages":null},"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":null,"pages":null},"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

The Edicts of the Praetors: Law, Time, and Revolution in Ancient Rome – ERRATUM 禁卫军的敕令：古罗马的法律、时间与革命 - ERRATUM

IF 0.8 3区社会学

Law and History Review Pub Date : 2024-01-17 DOI: 10.1017/s0738248023000639

Lisa Pilar Eberle

引用次数: 0

Disobedient Children, Hybrid Filiality: Negotiating Parent–Child Relations in Local Legal System in Republican China, 1911–1949 忤逆子女，混合孝道：民国时期中国地方法制中的亲子关系谈判，1911-1949 年

IF 0.8 3区社会学

Law and History Review Pub Date : 2024-01-15 DOI: 10.1017/s0738248023000512

Shumeng Han, Xiangyi Ren

{"title":"Disobedient Children, Hybrid Filiality: Negotiating Parent–Child Relations in Local Legal System in Republican China, 1911–1949","authors":"Shumeng Han, Xiangyi Ren","doi":"10.1017/s0738248023000512","DOIUrl":"https://doi.org/10.1017/s0738248023000512","url":null,"abstract":"The principle of filial piety underpinned both parent–child relations and, more broadly, Qing legal and social order. Entering the turbulent years of the Qing–Republic transition, filial piety went through substantial changes. Drawn from the local legal archives in Jiangjin county, Sichuan, this research traces the transformation of filial piety in legal practice during the first half of the twentieth century. It argues that two overlapping processes—legal reforms and nation-state building—synergized to restructure the meaning of filial piety from a largely integrated principle in Qing, which bridged the gaps between filiality and loyalty to the emperor and between personalized morality and imperial state legitimacy, to divergent new interpretations of filial piety, including the individualist filial piety, nationalist filial piety, legal filial piety, and sentimental filial piety. Each new interpretation inherits only part of its original meaning and incorporates newly introduced legal knowledge of legal equality and property ownership. The article concludes that various, sometimes contradictory interpretations of filial piety indicate the Republican legal reforms as an in-between, dynamic spectrum of legal change with vigorous negotiations among different legal actors and knowledge regimes.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2024-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139469951","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

Exploring African Abolitionism: Fante Perspectives on Domestic Slavery in the Nineteenth-Century Gold Coast 探索非洲废奴主义：十九世纪黄金海岸家庭奴隶制的方特视角

IF 0.8 3区社会学

Law and History Review Pub Date : 2024-01-10 DOI: 10.1017/s0738248023000548

Michael Ehis Odijie

{"title":"Exploring African Abolitionism: Fante Perspectives on Domestic Slavery in the Nineteenth-Century Gold Coast","authors":"Michael Ehis Odijie","doi":"10.1017/s0738248023000548","DOIUrl":"https://doi.org/10.1017/s0738248023000548","url":null,"abstract":"This article draws on a variety of primary sources to first illustrate the rise of African abolitionism in the Fante region in the mid-nineteenth century and then situate local abolitionists in the context of colonial legal abolition in the Gold Coast. When the British abolished slavery in 1874, various Fante groups had been developing local anti-slavery views and strategies closely connected to the evolution of a Fante ethnic identity fashioned against the “barbaric” Asante. Tensions arose between the Fante intelligentsia, which spearheaded local abolitionism, and British colonial elites. The article examines the rise of local abolitionism among the coastal Fante through specific ideas, individuals, and events, and discusses subsequent dynamics in the “first age” (1874–1900) of colonial abolitionism in the Gold Coast. It shows that the 1874 abolition was opposed by members of the Fante anti-slavery movement not—as has been argued—because Fante intellectuals were pro-slavery or opposed to the idea of abolition, but because they held different visions of emancipation and were critical of British abolition laws that, unlike in the West Indies, did not compensate slaveowners.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2024-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139407979","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