Law and History Review最新文献_第7页

Policing Sati: Law, Order, and Spectacle in Postcolonial India 治安治安:后殖民印度的法律、秩序和奇观

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-02-20 DOI: 10.1017/S0738248022000591

Saumya Saxena

{"title":"Policing Sati: Law, Order, and Spectacle in Postcolonial India","authors":"Saumya Saxena","doi":"10.1017/S0738248022000591","DOIUrl":"https://doi.org/10.1017/S0738248022000591","url":null,"abstract":"Abstract This article explores the response of the postcolonial state to the question of widow immolation – sati. It demonstrates that the conversation on the practice of sati at the high point of Hindu law reform in the 1950s reflected the simultaneous pressures on the new democracy to establish rule of law while also accommodating the renewed reverence for tradition and religious custom in an independent nation state. Distinct from the colonial response to sati that treated women as either “helpless and pathetic” or “brave and valiant,” post-independence police records describe women committing sati mostly as “insane” or “not in their senses,” and yet chiefly responsible for their actions. The article contrasts administrative and parliamentary narratives of the crime. Local belief in miracles surrounding the performance of sati not only obscured the experience of the woman's suffering but also made collection of evidence in such a case particularly difficult. This rendered convictions of the abettors of such “painless suicide by insane women” weaker. Legal interventions in sati eventually prompted administrative responses to shift from emphasizing the “uncontrollability” of the spectacle to deeming the spectacle a necessary precondition in distinguishing a sati from suicide.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46443971","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

Nepal's Constitutional Foundations between Revolution and Cold War (1950–60) 革命与冷战之间的尼泊尔宪法基础（1950–60）

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-02-16 DOI: 10.1017/S0738248022000724

Mara Malagodi

{"title":"Nepal's Constitutional Foundations between Revolution and Cold War (1950–60)","authors":"Mara Malagodi","doi":"10.1017/S0738248022000724","DOIUrl":"https://doi.org/10.1017/S0738248022000724","url":null,"abstract":"The 1950s represent a foundational decade in Nepal's constitutional history. In the wake of decolonization in British India, the “year 7 revolution” (1950–51) grew out of the alliance between King Tribhuvan Shah and Nepal's democratic political parties created in India against the Rana autocratic regime in Kathmandu. Eventually the pro-democracy forces prevailed, and a crucial political transition began. Two constitutions were promulgated, the 1951 Interim Constitution and the 1959 Constitution. Both short lived and only partially implemented, these documents, however, laid the foundations of Nepal's constitutional edifice for years to come. Constitution building became a marker of sovereignty understood in terms of independence and an assertion of popular sovereignty. However, in the fraught Cold War context, the preoccupation with securing political stability by constitutional means that centered around the Shah monarchy prevailed, even at the expense of democracy. As such, the shift from a traditional notion of sovereignty from above to a modern concept of sovereignty from below remained incomplete. These aspirations, however, were not extinguished even by 30 years of royal autocracy under the Panchayat regime (1960–90) and lived on to this day to inform demands for constitutional reform, democratization, and inclusion. The present analysis is based on Nepali primary legal sources, archival material from the United Kingdom and United States National Archives, and the Ivor Jennings Private Papers.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46052157","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: 1

A New Language of Rule: Alwar's Administrative Experiment, c. 1838–58 一种新的统治语言:阿尔瓦尔的行政实验，约1838 - 1858年

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-02-14 DOI: 10.1017/S0738248022000657

Elizabeth M. Thelen

{"title":"A New Language of Rule: Alwar's Administrative Experiment, c. 1838–58","authors":"Elizabeth M. Thelen","doi":"10.1017/S0738248022000657","DOIUrl":"https://doi.org/10.1017/S0738248022000657","url":null,"abstract":"Abstract Many rulers of newly formed Indian Princely States enacted substantial administrative reforms in the first half of the nineteenth century as they sought to reinforce their power and secure revenue in the wake of British colonial conquest. In one such case, the ruler of Alwar, Banni Singh, recruited Aminullah Khan, a former record-keeper in Delhi's colonial courts, to serve as diwan (chief minister) and undertake administrative reforms starting in 1838. These reforms focused on agrarian taxation, the civil courts, and the military, and included changes to the roles of local officials, methods of record-keeping, and the language of governance. The reforms were encoded in seven slim volumes of regulations and model forms, handwritten in Persian. Through a study of these regulations, I situate the reforms of Alwar's administration within Banni Singh's broader self-fashioning as a modern ruler in a Mughal mode and show how the reforms drew from both Mughal and colonial ideas of statecraft. The regulations represented a shift toward a legalistic conception of that state as seen in the ideals of good governance that they espoused, and they constructed contractual relationships among villagers, low-level officials in the districts, and the central state through the extensive bureaucratic procedures that they encoded.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48982100","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

Constitutions and Modernity in Post-Colonial Afghanistan: Ethnolinguistic Nationalism and the Making of an Afghan Nation-State 后殖民地阿富汗的宪法与现代性：民族语言主义与阿富汗民族国家的建立

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-02-08 DOI: 10.1017/S0738248022000530

Elisabeth Leake

{"title":"Constitutions and Modernity in Post-Colonial Afghanistan: Ethnolinguistic Nationalism and the Making of an Afghan Nation-State","authors":"Elisabeth Leake","doi":"10.1017/S0738248022000530","DOIUrl":"https://doi.org/10.1017/S0738248022000530","url":null,"abstract":"Abstract In recent decades, the rule of law has not been commonly associated with Afghanistan. Instead, its politics have been more likely to be framed in terms of lawlessness and ungovernability. But this trope does not do justice to Afghanistan's longer history of statehood or experiences of constitution-making. Over the course of the twentieth century, Afghan leaders drafted seven constitutions (in 1923, 1931, 1964, 1976, 1980, 1987, and 1990). These constitutions represented leaders’ attempts to assert their legitimacy and enforce their vision of an Afghan nation-state. This article sheds fresh light on Afghan elites’ top-down framing of Afghan national identity through ethnolinguism, exploring the legalization of Pashto as both an official and national language in Afghanistan's constitutions. Reformers intended Pashto to transgress community, kinship, and regional boundaries and act as a source of unity (though one in which ethnolinguistic minorities had little say). Tracing Afghanistan's constitutional history from 1923–90, this article reveals language as a constitutional arena for debating Afghan modernity and identity. As such, this article integrates Afghanistan into legal histories of South Asia while emphasizing how Afghan constitutionalists engaged in the process of law-making as a means of expressing Afghanistan's own independence and ideas of modernity.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48374414","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: 1

Radha Kumar, Police Matters: The Everyday State and Caste Politics in South India, 1900–1975 Ithaca and London: Cornell University Press, 2021. Pp. 241. $19.95 paperback (ISBN 9781501761065). 《警察事务:1900-1975年南印度的日常国家和种姓政治》，伊萨卡和伦敦:康奈尔大学出版社，2021年。241页。平装本19.95美元(ISBN 9781501761065)。

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-02-01 DOI: 10.1017/S0738248023000263

P. Shil

引用次数: 0

Lisa Kloppenberg, The Best Beloved Thing is Justice: The Life of Dorothy Wright Nelson New York: Oxford University Press, 2022. Pp. 216. $39.95 hardcover (ISBN 9780197608579); ebook (ISBN 9780197608609). 丽莎·克洛彭伯格，《最受欢迎的事是正义：多萝西·赖特·纳尔逊的一生》，纽约：牛津大学出版社，2022年。第216页$39.95精装本（ISBN 9780197608579）；电子书（ISBN 97801976080609）。

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-02-01 DOI: 10.1017/S0738248023000214

P. McMahon

引用次数: 0

LHR volume 41 issue 1 Cover and Back matter LHR第41卷第1期封面和封底

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-02-01 DOI: 10.1017/s0738248023000299

引用次数: 0

Carlton F. W. Larson, The Trials of Allegiance: Treason, Juries, and the American Revolution New York: Oxford University Press, 2019. Pp.424. $40.95 hardcover (ISBN 9780190932749). Carlton F.W.Larson，《效忠审判：叛国、陪审团和美国革命》，纽约：牛津大学出版社，2019年。第424页，精装本40.95美元（ISBN 9780190932749）。

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-02-01 DOI: 10.1017/S0738248023000226

Susan Long

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

引用次数: 0

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