Law and History Review最新文献_第5页

Persistence of Practice in Law's Parwana and Palm Leaf Empire 法律的帕尔瓦纳与棕榈叶帝国的实践坚持

3区社会学

Law and History Review Pub Date : 2023-08-01 DOI: 10.1017/s0738248023000305

Paul D. Halliday

引用次数: 0

LHR volume 41 issue 3 Cover and Front matter LHR第41卷第3期封面和封面问题

3区社会学

Law and History Review Pub Date : 2023-08-01 DOI: 10.1017/s073824802300041x

引用次数: 0

Paper Empires: Layers of Law in Colonial South Asia and the Indian Ocean 《纸上帝国:南亚和印度洋殖民地的法律层次》

3区社会学

Law and History Review Pub Date : 2023-08-01 DOI: 10.1017/s0738248023000081

Nandini Chatterjee, Alicia Schrikker, Dries Lyna

{"title":"Paper Empires: Layers of Law in Colonial South Asia and the Indian Ocean","authors":"Nandini Chatterjee, Alicia Schrikker, Dries Lyna","doi":"10.1017/s0738248023000081","DOIUrl":"https://doi.org/10.1017/s0738248023000081","url":null,"abstract":"Abstract Anthropologists and historians have recently underscored the ways in which European colonialism created novel regimes of legality and record-keeping, associated with ambitious and exclusive state-centered claims to both truth and rights, while being inevitably and constantly sucked into eddies of forgery and corruption. However, attention so far has been focused on English/European-language records and the colonial institutions that produced, stored, and deployed them. This has communicated a monolithic sense of power and normativity that unwittingly replicates the aspirations of colonial states. Drawing on eight case studies from in and around South Asia from the eighteenth to the twentieth centuries, we propose instead that the law of empires was rooted in the highly localized, often multilingual, and fragmented bureaucracies that produced its records. Here, historians of pre-colonial Indian regimes join hands with historians of British, Dutch, and French colonialism in order to unearth the genealogies of records written in Bengali, Marathi, Persian, Sinhala, and Tamil, as well as in French, Dutch, and English. This special issue collectively excavates the many layers, regimes, and languages in which legally effective records were produced by imperial regimes in South Asia and its much larger watery penumbra, the Indian Ocean.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135003345","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

“Unlawful Intimacy”: Mixed-Race Families, Miscegenation Law, and the Legal Culture of Progressive Era Mississippi “非法的亲密关系”:混血家庭、通婚法和进步时代密西西比州的法律文化

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-07-03 DOI: 10.1017/s0738248023000317

K. Schumaker

{"title":"“Unlawful Intimacy”: Mixed-Race Families, Miscegenation Law, and the Legal Culture of Progressive Era Mississippi","authors":"K. Schumaker","doi":"10.1017/s0738248023000317","DOIUrl":"https://doi.org/10.1017/s0738248023000317","url":null,"abstract":"\u0000 This article examines the enforcement of anti-miscegenation law in Progressive Era Mississippi by focusing on a series of unlawful cohabitation prosecutions of interracial couples in Natchez. It situates efforts to police and punish mixed-race families within the broader legal culture of Jim Crow, as politicians, judges, and district attorneys sought stricter enforcement of morals laws, including those barring interracial cohabitation. This article argues that the historic prerogative of white men to choose their sexual and domestic partners undermined the illegality of interracial marriage. Lynching deterred Black men from cohabiting with white women, but prosecutions for “unlawful cohabitation” did not effectively punish white men and Black women who formed lasting partnerships. This article relies on extensive research in local court records that reveal that prosecutions of white men and Black women often resulted in fines and, in many cases, had little effect on these mixed-race families. In Natchez and elsewhere, eugenic ideologies of “white racial purity” were no match for a patriarchal legal culture that gave white men leeway to ignore the law when it suited them, even amid outward denunciations of miscegenation. In Mississippi, many white men did not view relationships between white men and Black women as a clear threat to white supremacy, creating space for some interracial families to survive into the twentieth century.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48468552","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 Politics of Libel: Thomas Erskine, Freedom of the Press, and Transatlantic Legal Culture, c. 1780–1830 诽谤的政治:托马斯·厄斯金、新闻自由与跨大西洋法律文化，约1780-1830年

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-06-13 DOI: 10.1017/s0738248023000275

N. Phillips

{"title":"The Politics of Libel: Thomas Erskine, Freedom of the Press, and Transatlantic Legal Culture, c. 1780–1830","authors":"N. Phillips","doi":"10.1017/s0738248023000275","DOIUrl":"https://doi.org/10.1017/s0738248023000275","url":null,"abstract":"\u0000 This article analyzes how the multidirectional movement of legal and popular printed texts, newspapers, letters, and citizens contributed to the political and legal influence of individual lawyers across the Atlantic. It is based on a case study of leading common law barrister and Whig MP Thomas Erskine (1750–1823). It examines the dissemination of Erskine's legal and political arguments, and other publications in support of freedom of the press and the constitutional importance of trial by jury in libel trials. Erskine's Country Whig politics, key role in the passage of the 1792 Libel Act, and support for American independence were admired by American lawyers, diplomats, and politicians. His disinterested public service as an advocate meant he personified the ideal of a patriot lawyer that underpinned the classical republican model of law, citizenship, and politics on both sides of the Atlantic. Erskine's powerful, often emotive forensic rhetoric was equally admired as part of a shared transatlantic legal culture, linking law, politics and literature. The speeches were reprinted and widely circulated in edited collections, texts on oratory, trial reports, newspapers, and periodicals; key arguments were also referenced in legal treatises on libel. Hence, parts of his most significant speeches in English libel trials came to be regarded as “usable” legal texts studied by students and re-cited by American defense lawyers in court.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47262493","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

Rethinking the Rethinking of Legal Pluralism: Toward a Manifesto for a Pluri-Legal Perspective 法律多元主义的再思考：走向多元法律视角的宣言

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-06-09 DOI: 10.1017/s0738248023000184

I. Shahar, Karin Carmit Yefet

引用次数: 0

Legal Pluralism's Other: Mythologizing Modern Law 法律多元主义的他者:现代法律的神话化

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-06-09 DOI: 10.1017/s0738248023000172

Caroline Humfress

引用次数: 0

Interpolity Law and Jurisdictional Politics 跨国法与司法政治

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-06-01 DOI: 10.1017/s0738248023000147

L. Benton, A. Clulow

{"title":"Interpolity Law and Jurisdictional Politics","authors":"L. Benton, A. Clulow","doi":"10.1017/s0738248023000147","DOIUrl":"https://doi.org/10.1017/s0738248023000147","url":null,"abstract":"\u0000 Challenging the common assumption that legal misunderstanding was pervasive, this article analyzes jurisdictional politics as an element of “interpolity law”—a broad framework for legal interactions across polities and regions in the early modern world. It draws on recent research on jurisdictional politics to show how such an approach allows historians to avoid some of the familiar pitfalls associated with studies of legal pluralism. This approach provides clear methodological advantages over the study of global legal history as a function of multi-normativity. Political communities across the globe centered on internal and external conflicts on the nature and reach of legal authority. By focusing on jurisdiction as a touchstone of legal action and tracing how legal authority was produced through conflict, our approach treats legal pluralism as a valuable descriptive term rather than an analytical framework. The study of jurisdictional politics portrays state authority as potentially one among many forms of legal authority, and it brings into sharp focus continuities within and across pluri-political regions. By tracking broad institutional shifts that occurred when empires and states moved to assert power over multi-jurisdictional orders, the perspective informs new narratives about trajectories of regional and global legal order.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45050642","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 Rise of the Indigenous Jurists 本土法学家的兴起

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-05-26 DOI: 10.1017/s0738248023000135

C. Ando

引用次数: 1

Legal Pluralism from History to Theory and Back: Otto von Gierke, Santi Romano, and Francesco Calasso on Medieval Institutions 从历史到理论再回到法律多元主义：奥托·冯·吉尔克、桑蒂·罗曼诺和弗朗西斯科·卡拉索谈中世纪制度

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-05-10 DOI: 10.1017/s0738248023000159

Emanuele Conte

{"title":"Legal Pluralism from History to Theory and Back: Otto von Gierke, Santi Romano, and Francesco Calasso on Medieval Institutions","authors":"Emanuele Conte","doi":"10.1017/s0738248023000159","DOIUrl":"https://doi.org/10.1017/s0738248023000159","url":null,"abstract":"\u0000 This paper considers the historical contexts in which theories of legal pluralism grew and developed between the final third of the nineteenth century and the first half of the twentieth century. Theories of the state as a pluralistic system, as opposed to the absolute supremacy of state-made law, were the focus of German legal historical scholarship in the late nineteenth century, represented by the towering figure of Otto von Gierke. Gierke's image of a pluralist German Middle Ages largely influenced legal scholarship in Europe, even affecting the Italian scholar Santi Romano, whose book on the “legal order” has been considered a milestone in the construction of pluralist legal theories. Once passed from a legal historian like Gierke to a theorist like Romano, the model of a pluralist legal order returned to legal historiography, inspiring the innovative historical interpretation of medieval law proposed by Francesco Calasso. Gierke was a conservative, right-wing socialist, and Romano was a fascist and counselor of the fascist Italian government. Calasso, on the contrary, was a liberal opponent of the fascist regime. The three versions of legal pluralism, then, decline the same basic vision in three different ways, being influenced by the political contexts in which the three authors operated.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47923253","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