Law and History Review最新文献_第9页

Concrete Leviathan: The Interstate Highway System and Infrastructural Inequality in the Age of Liberalism 混凝土巨人：自由主义时代的州际公路系统和基础设施不平等

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-02-01 DOI: 10.1017/S0738248023000044

Teal Arcadi

{"title":"Concrete Leviathan: The Interstate Highway System and Infrastructural Inequality in the Age of Liberalism","authors":"Teal Arcadi","doi":"10.1017/S0738248023000044","DOIUrl":"https://doi.org/10.1017/S0738248023000044","url":null,"abstract":"Abstract This article explores how the construction of the National System of Interstate and Defense Highways prompted litigation that altered the course of administrative law and governance from the 1960s onward. By that time, the construction of the interstate system had become synonymous with the destruction of neighborhoods and parks bulldozed to make way for the “concrete monsters,” as some came to call the interstates. Ensuing protests—“freeway revolts”—pressed for altered construction practices and participatory roles for citizens and communities in the state building process underway. This article explores the legal consequences of interstate highway protest, and advances two arguments. First, freeway revolts brought distinctive reforms to the practices of modern American state building, particularly when they produced the canonical Supreme Court case Citizens to Preserve Overton Park v. Volpe (1971). Second, despite the reformist inclinations present in Overton Park, the case created an unequal legal and physical landscape of state building. Contrasting Overton Park with Nashville I-40 Steering Committee v. Ellington (1967), a case dealing with racial discrimination and community destruction, reveals the mechanics of a legal regime that cemented racial and class hierarchies in place across long horizons of space and time via the interstate system's durable, nation-spanning asphalt limbs.","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":"42854772","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 法律的不确定性和种姓的惊愕:1860-1930年印度法院中卡雅斯塔的瓦尔纳等级的确定

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-02-01 DOI: 10.1017/S0738248023000056

Hayden Bellenoit

引用次数: 0

Registering and Regulating Family Life: The School Thombos in Dutch Sri Lanka 登记和规范家庭生活：荷属斯里兰卡的学校通博

IF 0.8 3区社会学

Law and History Review Pub Date : 2023-01-11 DOI: 10.1017/S0738248022000499

Bente de Leede, Nadeera Rupesinghe

{"title":"Registering and Regulating Family Life: The School Thombos in Dutch Sri Lanka","authors":"Bente de Leede, Nadeera Rupesinghe","doi":"10.1017/S0738248022000499","DOIUrl":"https://doi.org/10.1017/S0738248022000499","url":null,"abstract":"Abstract In eighteenth-century, colonial Sri Lanka, the Dutch church kept extensive registers of the local population. These “school thombos” contain individual registration of baptism, marriage, school attendance and death. This article argues that the school thombos reveal moral control over family life by the Dutch East India Company and the Dutch Reformed Church, while offering locals a legal and religious identity to employ in negotiating the Dutch colonial bureaucracy. These rarely studied registers shed new light on Sri Lankan family history and the practices of Dutch colonialism. What do they tell us about conjunctures of locals with colonial religion in eighteenth-century Sri Lanka? The school thombo was an instrument used to register and regulate family life, with specific functions and uses by different actors. This article explores the format, objectives and use of the school thombo. Why was the school thombo created and who were registered in these sources? What were the micro practices of drawing up the school thombo? The article is supported by several case studies that illustrate how the school thombo found its way into family life while demonstrating the value of written identities.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41318548","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 Drafting of the Constitution of the Union of Burma in 1947: Dominion Status, Indo–Burmese Relations, and the Irish Example 1947年缅甸联邦宪法的起草：自治领地位、印缅关系和爱尔兰的例子

IF 0.8 3区社会学

Law and History Review Pub Date : 2022-12-20 DOI: 10.1017/S0738248022000487

Donal K. Coffey

引用次数: 0

The Power of Parwanas: Indo-Persian Grants and the Making of Empire in Eighteenth-Century Southern India 帕尔瓦纳斯的力量:18世纪印度南部的印度-波斯补助金和帝国的建立

IF 0.8 3区社会学

Law and History Review Pub Date : 2022-11-14 DOI: 10.1017/S073824802200044X

Leonard R. Hodges, N. Chatterjee

{"title":"The Power of Parwanas: Indo-Persian Grants and the Making of Empire in Eighteenth-Century Southern India","authors":"Leonard R. Hodges, N. Chatterjee","doi":"10.1017/S073824802200044X","DOIUrl":"https://doi.org/10.1017/S073824802200044X","url":null,"abstract":"This article examines Persian-language orders—parwanas—issued by regimes that succeeded the Mughal Empire in South Asia, to European trading companies. Focussing in particular on the mid-eighteenth-century exchanges between the Nizam of Hyderabad; the Nawab of Arcot; and the French Compagnie des Indes, we see how Mughal-style parwanas, or sub-imperial orders, previously used to give instructions or to make or withdraw grants, were transformed into a form of political currency. They were now used to exchange military and fiscal resources between South Asian state-builders and militarised European corporations, and to secure political legitimacy for all within a putative Mughal imperium. Moreover, the legal fiction of Mughal sovereignty led to a grants race, such that rivals—European and South Asian—sought more and more parwanas, while also querying the legitimacy of authorities that issued them. The very fragility of the Mughal empire and the lability of the political landscape in eighteenth-century South Asia was thus generative of prolific Persian legal documentation, as well as its rewiring to novel uses. European empire-builders negotiated this legal landscape with only partial literacy, consequently fetishizing the material aspects and ceremonial accompaniments of Persian legal documents, and according them power beyond their immediate substance.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44554996","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 Probate Regime: Enchanted Bureaucracy, Islamic Law, and the Capital of Orphans in Nineteenth-Century Egypt 遗嘱认证制度：19世纪埃及迷人的官僚主义、伊斯兰法律和孤儿之都

IF 0.8 3区社会学

Law and History Review Pub Date : 2022-11-01 DOI: 10.1017/S0738248022000529

Adam Mestyan, Rezk Nori

{"title":"The Probate Regime: Enchanted Bureaucracy, Islamic Law, and the Capital of Orphans in Nineteenth-Century Egypt","authors":"Adam Mestyan, Rezk Nori","doi":"10.1017/S0738248022000529","DOIUrl":"https://doi.org/10.1017/S0738248022000529","url":null,"abstract":"Abstract In this article, we explore the “probate regime,” an administrative field of government activity of legally transferring, taxing, and administering bequests. As an example, we study the changes of the Egyptian probate regime in a longue durée perspective, with a focus on the nineteenth century when Egypt was a sub-Ottoman “khedivate.” We argue that the rationalization and expansion of the previously Ottoman administration of bequests, unlike Western bureaucracies, retained religious norms in the 1850s-1860s. In the context of Egyptian legal transformation, the change in the probate regime represents a case when Islamic norms became contested between administrative bodies of the government and the Muslim judge (qadi). Drawing on novel archival research in Egypt and elsewhere, we first consider the institutions of the Ottoman probate regime (probate judge, fees, and a probate bureau). Next, we zoom in on the way the khedivial probate bureau became a large, de-Ottomanized, Muslim administration of death by the 1870s in a partnership between khedives and local jurists. The khedives also considered the orphans’ wealth under the care of the bureau a source of government capitalism. Despite the abolishment of the probate bureau in 1896, the khedivial transformation ensured that Muslim principles remained normative during the British occupation which ushered in a new division of law into “religious” and “civil” legal domains.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46405016","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

Response 响应

IF 0.8 3区社会学

Law and History Review Pub Date : 2022-11-01 DOI: 10.1017/S0738248022000700

Anna Lvovsky

引用次数: 0

LHR volume 40 issue 4 Cover and Front matter LHR第40卷第4期封面和封面问题

IF 0.8 3区社会学

Law and History Review Pub Date : 2022-11-01 DOI: 10.1017/s0738248023000111

引用次数: 0

Before Equal Protection: The Fall of Cross-Dressing Bans and the Transgender Legal Movement, 1963–86 平等保护之前:1963-86年异性着装禁令的废除和跨性别法律运动

IF 0.8 3区社会学

Law and History Review Pub Date : 2022-11-01 DOI: 10.1017/S0738248022000384

Kate Redburn

{"title":"Before Equal Protection: The Fall of Cross-Dressing Bans and the Transgender Legal Movement, 1963–86","authors":"Kate Redburn","doi":"10.1017/S0738248022000384","DOIUrl":"https://doi.org/10.1017/S0738248022000384","url":null,"abstract":"Abstract Scholars are still unsure why American cities passed cross-dressing bans over the closing decades of the nineteenth century. By the 1960s, cities in every region of the United States had cross-dressing regulations, from major metropolitan centers to small cities and towns. They were used to criminalize gender non-conformity in many forms - for feminists, countercultural hippies, cross-dressers (or “transvestites”), and people we would now consider transgender. Starting in the late 1960s, however, criminal defendants began to topple cross-dressing bans. The story of their success invites a re-assessment of the contemporary LGBT movement’s legal history. This article argues that a trans legal movement developed separately but in tandem with constitutional claims on behalf of gays and lesbians. In some cases, gender outlaws attempted to defend the right to cross-dress without asking courts to understand or adjudicate their gender. These efforts met with mixed success: courts began to recognize their constitutional rights, but litigation also limited which gender outlaws could qualify as trans legal subjects. Examining their legal strategies offers a window into the messy process of translating gender non-conforming experiences and subjectivities into something that courts could understand. Transgender had to be analytically separated from gay and lesbian in life and law before it could be reattached as a distinct minority group.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47274282","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

Complicating Conformity 复杂的整合

IF 0.8 3区社会学

Law and History Review Pub Date : 2022-11-01 DOI: 10.1017/S0738248022000670

Marie-Amélie George

引用次数: 0