Law and History Review最新文献_第7页

The Redefinition of Clandestine Marriage by Sixteenth-Century Lutheran Theologians and Jurists 十六世纪路德神学家和法学家对秘密婚姻的重新定义

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-02-01 DOI: 10.1017/S073824802300010X

P. Astorri

{"title":"The Redefinition of Clandestine Marriage by Sixteenth-Century Lutheran Theologians and Jurists","authors":"P. Astorri","doi":"10.1017/S073824802300010X","DOIUrl":"https://doi.org/10.1017/S073824802300010X","url":null,"abstract":"Abstract Within the medieval Catholic Church, the term ‘clandestine betrothal’ was associated with the absence of witnesses, solemnities, and other formalities. Parental consent was not a legal requirement for betrothal or marriage, which was based on the free decision of the spouses. However, Martin Luther held that the will of the parties was not sufficient, because the couple was joined by God, and God’s will was reflected in parental consent. Luther intended the parents to be a public authority, and he therefore proposed a different definition of clandestine marriage that combined the absence of witnesses with the lack of parental approval. Medieval canonists had enumerated numerous types of clandestine betrothal. However, in their treatises, the jurists Johannes Schneidewin, Conrad Mauser, and Joachim von Beust translated Luther’s definition into legal terms, reducing the types of clandestine betrothal to only two. The first type, absence of witnesses, continued to be regulated by canon law, with some exceptions. The second, lack of parental approval, was governed by Roman law reinterpreted according to Scripture. Cardinal Bellarmine criticized this definition as confused, prompting the Lutheran theologians Paul Tarnov and Johann Gerhard to reply that ‘clandestine’ had acquired a new meaning: violation of the law imposing parental approval.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"65 - 92"},"PeriodicalIF":0.8,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49389932","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

Wolfgang P. Müller, Marriage Litigation in the Western Church, 1215–1517 Cambridge, UK; New York, NY: Cambridge University Press, 2021. Pp. viii, 270. $99.99 hardcover (ISBN-13: 978-1108845427). doi:10.1017/9781108955812 Wolfgang P.Müller，《西教堂婚姻仪式》，1215-1517年，英国剑桥纽约：剑桥大学出版社，2021年。Pp.viii，270.$99.99 Hardcover（ISBN-13:978-1108845427）电话：（028）028

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-02-01 DOI: 10.1017/S0738248023000238

C. Donahue

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How Hermann Kantorowicz Changed His Mind About America and Its Law, 1927–34 – CORRIGENDUM 赫尔曼·坎特罗维奇如何改变了他对美国及其法律的看法，1927-34——勘误

3区社会学

Law and History Review Pub Date : 2023-02-01 DOI: 10.1017/s0738248023000202

Katharina Isabel Schmidt

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The Making of Modern US Citizenship and Alienage: The History of Asian Immigration, Racial Capital, and US Law 现代美国公民身份和异化的形成:亚洲移民、种族资本和美国法律的历史

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-02-01 DOI: 10.1017/S0738248023000019

H. Dhillon

{"title":"The Making of Modern US Citizenship and Alienage: The History of Asian Immigration, Racial Capital, and US Law","authors":"H. Dhillon","doi":"10.1017/S0738248023000019","DOIUrl":"https://doi.org/10.1017/S0738248023000019","url":null,"abstract":"Abstract This article unravels an important historical conjuncture in the making of modern US citizenship and alienage by drawing on the state's regulation of naturalization as it relates to Asian immigration in the early twentieth century. My primary concern is to examine the socio-legal formations that constructed the thick distinctions between the modern US citizen and alien along the lines of racial difference and racial capital. Specifically, this article argues that Asian immigration to the United States remade the modern US citizen and alien in two significant and interconnected ways. First, it underscores how the adjudication of race in US courts and connected political campaigns re-mapped race in the United States and sharpened the racialization of Asia and Europe in profound ways that ultimately produced immigrants from southern, central, and eastern parts of Asia as the modern US alien. Second, the debate over Asian immigrants’ eligibility to naturalize refashioned legal status as a normative avenue to sustain a regime of racial capital. It cast citizenship as a legal avenue for White men and families to acquire and protect a proprietary interest in citizenship and recast some Asian immigrants as permanent aliens in a period when alienage came to signify disposable immigrant labor. The article concludes by distinguishing how the struggle for US citizenship by Asian immigrants frames the epistemological parameters and political vocabulary of immigration and naturalization reform.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"1 - 42"},"PeriodicalIF":0.8,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42925815","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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LHR volume 41 issue 1 Cover and Front matter LHR第41卷第1期封面和封面问题

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-02-01 DOI: 10.1017/s0738248023000287

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Creating Law through Regulating Intimacy: The Case of Slave Marriage in Nineteenth-Century New York and the United States 通过规范亲密关系创造法律——以19世纪纽约和美国的奴隶婚姻为例

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-02-01 DOI: 10.1017/S0738248023000032

L. Feldman

{"title":"Creating Law through Regulating Intimacy: The Case of Slave Marriage in Nineteenth-Century New York and the United States","authors":"L. Feldman","doi":"10.1017/S0738248023000032","DOIUrl":"https://doi.org/10.1017/S0738248023000032","url":null,"abstract":"Abstract This article argues that American jurists fashioned new understandings about the capacity of states to legislate about marriage through regulating the intimate lives of enslaved and newly freed individuals. This article does so through analyzing the creation and impact of a little-studied 1809 law in New York that legalized the marriages of enslaved people—while individuals were still enslaved—as part of the state's process of gradual emancipation, which occurred from 1799 to 1827. In New York, by legalizing enslaved people's marriages, jurists privatized financial liabilities within soon-to-be freed families. The law stood at odds with national juridical understanding about marital regulation. Jurists in the early republic were uncertain about whether states could legislate about matrimony. Southern states after the Civil War then cited and replicated New York's logic in legislating to legalize the marriages of freedpeople, similarly privatizing financial claims within families. In the cases of both New York and national emancipation, jurists, in choosing privatization, foreclosed possibilities for a different or broader vision of state support for freedpeople, such as reparations. After making marital laws about slavery, both New York and Southern states created and/or tightened their marriage laws, further inscribing understandings of the marital family into American governance. This piece contributes to historiographies of slavery, the American state, and intimacy.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"119 - 143"},"PeriodicalIF":0.8,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42567253","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

Legal Limbo and Caste Consternation: Determining Kayasthas' Varna Rank in Indian Law Courts, 1860–1930 – CORRIGENDUM 法律的不确定性和种姓的惊愕:决定印度法院的kayasas的瓦尔纳等级，1860-1930 -勘误

3区社会学

Law and History Review Pub Date : 2023-02-01 DOI: 10.1017/s0738248023000329

Hayden J. Bellenoit

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Re-Reading Morant Bay: Protest, Inquiry, and Colonial Rule 重读莫兰特湾:抗议、调查和殖民统治

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-02-01 DOI: 10.1017/S0738248022000578

J. Connolly

{"title":"Re-Reading Morant Bay: Protest, Inquiry, and Colonial Rule","authors":"J. Connolly","doi":"10.1017/S0738248022000578","DOIUrl":"https://doi.org/10.1017/S0738248022000578","url":null,"abstract":"Abstract The 1865 Morant Bay Rebellion figures prominently in scholarship on modern Britain, colonial Jamaica, and the British Empire, as a milestone of post-emancipation protest, a turning point in British race-thinking, and a focal point for debates on martial law and British justice. This article presents a new interpretation of the rebellion’s legal and political significance. Focused on processes of formal inquiry, I argue that legal analysis reshaped the political “moral” of the event. For the rebellion’s participants and some British observers, Morant Bay challenged the practice of colonial rule. But beginning with the royal commission of inquiry called to investigate the suppression, formal inquiry displaced the systemic critique that had largely motivated the uprising. Focused increasingly on the nature of martial law and culminating in the criminal prosecution of Jamaica’s colonial governor, legal debate and analysis transformed the scandal’s moral center and turned Morant Bay into a new justification for further and more centralized imperial control. In developing these arguments, the article examines law’s capacity to read, write, and exclude competing narratives of empire. In so doing, it contributes to scholarship on scandal and legitimation, and offers a new interpretation of a seminal nineteenth-century debate on the use of martial law.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"193 - 216"},"PeriodicalIF":0.8,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42932222","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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“No Quixotry in Redress of Grievances”: How Community Abatement of Public Nuisances Disappeared from American Law “没有冤屈的唐吉诃德式的纠正”:美国法律中对公害的社区减刑是如何消失的

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-02-01 DOI: 10.1017/S0738248022000566

W. Meyer

引用次数: 0

How Hermann Kantorowicz Changed His Mind About America and Its Law, 1927–34 – CORRIGENDUM Hermann Kantorowicz如何改变他对美国及其法律的看法，1927–34–CORRIGENDUM

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-02-01 DOI: 10.1017/s0738248023000020

K. Schmidt

{"title":"How Hermann Kantorowicz Changed His Mind About America and Its Law, 1927–34 – CORRIGENDUM","authors":"K. Schmidt","doi":"10.1017/s0738248023000020","DOIUrl":"https://doi.org/10.1017/s0738248023000020","url":null,"abstract":"\u0000 Hermann Kantorowicz crossed the Atlantic twice: to take up a visiting professorship at Columbia Law School in the summer of 1927, and to find refuge at New York's University in Exile in 1933/1934. Between his first and second stay, the German-Jewish émigré changed his mind about America and its law fundamentally. While he had—patronizingly—praised his US colleagues for “catch[ing] up… intellectually” in 1927, he accused them of “destroy[ing] the Law itself” in 1934. Reconstructing Kantorowicz's change of heart, my article uncovers just how open the transatlantic 1930s still were in jurisprudential matters. As leader of the so-called “free law” movement, Kantorowicz had sparked a turn to “life” in German legal science in the years before World War I. Throughout the 1920s, he had then watched contentedly, as American “realist” scholars drew on free law ideas for their own critical projects. By 1934, however, Kantorowicz could not help but notice parallels between New Deal and Nazi law. To his mind, both Roosevelt's and Hitler's jurists had started turning his moderate free law ideas into a radical—and dangerous—legal nihilism: in designating law as life's only source, they shunned scientific legal methods. In light of these concerns, my article excavates life-law's delicate suspension between peril and potential. My sources reveal a striking, triangular relationship between German free law, American legal realism, and Nazi life-jurisprudence.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"237 - 237"},"PeriodicalIF":0.8,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45862698","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