AMERICAN JOURNAL OF LEGAL HISTORY最新文献_第3页

Hoist by the Colonizer’s Own Device? Law Reporting in Mandatory Palestine 用殖民者自己的装置吊起?强制性巴勒斯坦的法律报告

AMERICAN JOURNAL OF LEGAL HISTORY Pub Date : 2023-09-02 DOI: 10.1093/ajlh/njad014

Yair Sagy, Eyal Katvan

{"title":"Hoist by the Colonizer’s Own Device? Law Reporting in Mandatory Palestine","authors":"Yair Sagy, Eyal Katvan","doi":"10.1093/ajlh/njad014","DOIUrl":"https://doi.org/10.1093/ajlh/njad014","url":null,"abstract":"Abstract This article tells the history of the Palestine Law Reports series (PLR), introduced in 1934 to Mandate-ruled Palestine. It unearths discussions that preceded the PLR’s publications following a campaign for authorized law reporting launched by lawyers in Palestine in the 1920s to 1930s. Canvassing a broad institutional context for the emergence of the PLR, we argue that in launching the campaign local lawyers sought not only to render Palestinian common law more predictable and amenable to professional handling, but also to approximate the role granted in the metropole and the common law tradition to practicing lawyers in propagating binding precedents. Local lawyers wanted to have a slice of the action of creating a local common law and in designing the Palestinian legal landscape. Unsurprisingly, they were met with the opposition of Chief Justice McDonnell, who sought to control the PLR enterprise, resisting non-judicial involvement in its editing and production. Finally, the article argues that, regardless of McDonnell’s motivations, from an institutional point of view, his achievement in laying down a foundational institution for the generation of a local common law is momentous. He therefore emerges from our analysis as one of the chief architects of the common law in Palestine, and—to this day—in Israel.","PeriodicalId":54164,"journal":{"name":"AMERICAN JOURNAL OF LEGAL HISTORY","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134951862","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Tamika Y. Nunley, The Demands of Justice: Enslaved Women, Capital Crime, and Clemency in Early Virginia 塔米卡·y·纳利，《正义的要求:弗吉尼亚早期被奴役的妇女、死刑犯罪和宽恕》

AMERICAN JOURNAL OF LEGAL HISTORY Pub Date : 2023-08-08 DOI: 10.1093/ajlh/njad012

Terri L Snyder

引用次数: 0

Limping Marriages: Race, Class, and the Rise of Domicile-Based Divorce Jurisdiction in the British Empire 软弱的婚姻:种族、阶级和大英帝国以住所为基础的离婚管辖权的兴起

IF 0.3

AMERICAN JOURNAL OF LEGAL HISTORY Pub Date : 2023-08-07 DOI: 10.1093/ajlh/njad013

Priyasha Saksena

引用次数: 0

‘Our Practice Has a Superiority:’ Debt Enforcement, Bills of Exchange, and Credit in Eighteenth-Century Glasgow “我们的实践有优势:”18世纪格拉斯哥的债务执行、汇票和信用

IF 0.3

AMERICAN JOURNAL OF LEGAL HISTORY Pub Date : 2023-07-26 DOI: 10.1093/ajlh/njad011

H. Harris

{"title":"‘Our Practice Has a Superiority:’ Debt Enforcement, Bills of Exchange, and Credit in Eighteenth-Century Glasgow","authors":"H. Harris","doi":"10.1093/ajlh/njad011","DOIUrl":"https://doi.org/10.1093/ajlh/njad011","url":null,"abstract":"\u0000 This article explores the relationship between the Scots law of bills of exchange, debt enforcement procedures, and credit in the eighteenth century. Compared to England, Scots law’s procedures for recovering debts on obligations were faster, cheaper, and more efficient. These legal provisions are under-appreciated in the current literature on bills of exchange. Scots law’s superiority meant that the provision of medium-value credit in urban economies often occurred through written obligations. Using a new archival data set of nearly 300 bills of exchange from Glasgow, this article demonstrates how Glaswegians used those instruments. It finds that elements of the law of obligations traditionally stressed in the literature, namely negotiability, do little to explain the use of credit instruments in Glasgow. Instead, it was Scots law’s quick recovery procedures that account for their patterns of use. The data shows that inland bills did not commonly pass from hand to hand but instead were held as proofs of debt that could quickly be enforced. The advantage of Scots law in this area did not go unnoticed by contemporaries, and unsuccessful attempts at legal reform in the Victorian era sought to introduce the Scottish rules to the English system. This article joins a growing literature in turning scholarly focus away from the negotiable properties of bills, and shows the importance of expedited enforcement procedures for understanding the Scots credit system. It suggests that paying closer attention to procedural law and differences between jurisdictions can advance research agendas on the relationship between law and economic development.","PeriodicalId":54164,"journal":{"name":"AMERICAN JOURNAL OF LEGAL HISTORY","volume":"21 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81049227","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The best answer? Justice Nelson’s concurrence in Dred Scott v. Sandford 最好的答案是什么?纳尔逊法官在德雷德·斯科特诉桑福德案中的意见

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AMERICAN JOURNAL OF LEGAL HISTORY Pub Date : 2023-06-13 DOI: 10.1093/ajlh/njad010

W. Meyer

引用次数: 1

‘I Laid Earl and Clementine on a Chair and Whipped Them’: Child Murder and Criminal Justice in the Jim Crow South “我把厄尔和克莱门汀放在椅子上鞭打他们”:南方种族歧视的儿童谋杀和刑事司法

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AMERICAN JOURNAL OF LEGAL HISTORY Pub Date : 2023-05-30 DOI: 10.1093/ajlh/njad009

J. Adler

{"title":"‘I Laid Earl and Clementine on a Chair and Whipped Them’: Child Murder and Criminal Justice in the Jim Crow South","authors":"J. Adler","doi":"10.1093/ajlh/njad009","DOIUrl":"https://doi.org/10.1093/ajlh/njad009","url":null,"abstract":"\u0000 This article explores a horrific 1945 child murder in New Orleans and argues that the case revealed broader developments in Southern criminal justice in the age of Jim Crow. Ernestine Bonneval tied her young children to an ironing board and lashed them, killing her 7-year-old daughter. The murder generated outrage, with residents demanding severe punishment, even the gallows, for the brutal crime. After a jury returned a guilty verdict, the judge sentenced the killer to one year in the state penitentiary. New Orleanians initially expressed fury at the lenient punishment but quickly conveyed sympathy for the murdering mother and perceived her as the victim of a failed legal system. The shift reflected four wider changes in white sensibilities about the role of the state. First, New Deal programs establishing a safety net during the Great Depression transformed white attitudes toward government authority. Second, Clementine Bonneval’s death became tethered to a national panic over juvenile delinquency, even though the victim was only 7. Third, gender ideals influenced perceptions of women who engaged in criminal violence. Fourth, and most important, Southern whites increasingly encoded violence as an African American behavior. As a consequence, white killers became hapless victims of circumstances beyond their control. The Bonneval murder was reinterpreted within a racialized construction of crime and criminal culpability that produced more aggressive policing and more draconian punishment for African American suspects and fewer arrests, indictments, convictions, and long prison sentences for white killers. Jim Crow, in short, shaped the modernization of Southern criminal justice.","PeriodicalId":54164,"journal":{"name":"AMERICAN JOURNAL OF LEGAL HISTORY","volume":"124 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85997274","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Brent Salter, Negotiating Copyright in the American Theatre: 1856–1951 布伦特·索尔特:《美国戏剧版权谈判:1856-1951》

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AMERICAN JOURNAL OF LEGAL HISTORY Pub Date : 2023-05-30 DOI: 10.1093/ajlh/njad007

O. Bracha

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O’Connor v Donaldson (1975): Legal Challenges, Psychiatric Authority, and the Dangerousness Problem in Deinstitutionalization 奥康纳诉唐纳森案(1975):法律挑战、精神病学权威和去机构化中的危险问题

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AMERICAN JOURNAL OF LEGAL HISTORY Pub Date : 2023-02-22 DOI: 10.1093/ajlh/njad002

L. Hirshbein

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Kristin A. Olbertson, The Dreadful Word: Speech Crime and Polite Gentlemen in Massachusetts, 1690–1776 克里斯汀·a·奥尔伯森，《可怕的词:1690-1776年马萨诸塞州的言语犯罪和礼貌绅士》

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AMERICAN JOURNAL OF LEGAL HISTORY Pub Date : 2023-02-10 DOI: 10.1093/ajlh/njad001

Jessica K. Lowe

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Charitable Trusts of Cemeteries and Places of Worship in Thailand: A Historical Anomaly 泰国墓地和礼拜场所的慈善信托:一个历史反常现象

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AMERICAN JOURNAL OF LEGAL HISTORY Pub Date : 2023-01-23 DOI: 10.1093/ajlh/njac022

Surutchada Reekie

引用次数: 0