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Reassessing Legal Humanism and its Claims: Petere Fontes?

Paul J. du Plessis and John W. Cairns (eds)

Published in print:
2016
Published Online:
January 2017
ISBN:
9781474408851
eISBN:
9781474418522
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474408851.001.0001
Subject:
Law, Philosophy of Law

Legal humanism has become deeply entrenched in most modern works on European legal history from the seventeenth century onwards and has been accepted with such blind faith by many modern scholars ... More


Lord Kames: Legal and Social Theorist

Andreas Rahmatian

Published in print:
2015
Published Online:
January 2016
ISBN:
9780748676736
eISBN:
9781474412315
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748676736.001.0001
Subject:
Law, Legal History

Lord Kames (Henry Home, 1696–1782) is one of the best known figures of the Scottish Enlightenment by name, and one of the least known in relation to his actual writings. He was a Scottish judge, ... More


The Battle Over Racial Identity in Popular and Legal Cultures, 1810–1860

Stephen Middleton

in The Construction of Whiteness: An Interdisciplinary Analysis of Race Formation and the Meaning of a White Identity

Published in print:
2016
Published Online:
September 2017
ISBN:
9781496805553
eISBN:
9781496805591
Item type:
chapter
Publisher:
University Press of Mississippi
DOI:
10.14325/mississippi/9781496805553.003.0002
Subject:
Sociology, Race and Ethnicity

This chapter challenges the view of legal historians that the “one-drop rule” did not exist before the early twentieth century. It argues that the one-drop rule was enforced in white culture and ... More


The Construction of Whiteness: An Interdisciplinary Analysis of Race Formation and the Meaning of a White Identity

Stephen Middleton, David R. Roediger, and Donald M. Shaffer (eds)

Published in print:
2016
Published Online:
September 2017
ISBN:
9781496805553
eISBN:
9781496805591
Item type:
book
Publisher:
University Press of Mississippi
DOI:
10.14325/mississippi/9781496805553.001.0001
Subject:
Sociology, Race and Ethnicity

The Construction of Whiteness is an interdisciplinary collection of essays that examines the crucial intersection between whiteness as a privileged racial category and the various material practices ... More


Racial Taxation: Schools, Segregation, and Taxpayer Citizenship, 1869-1973

Camille Walsh

Published in print:
2018
Published Online:
September 2018
ISBN:
9781469638942
eISBN:
9781469638959
Item type:
book
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469638942.001.0001
Subject:
History, African-American History

In the United States, it is quite common to lay claim to the benefits of society by appealing to “taxpayer citizenship”--the idea that, as taxpayers, we deserve access to certain social services like ... More


The Psychoanalytic Tradition in American Law

Anne C. Dailey

in Law and the Unconscious: A Psychoanalytic Perspective

Published in print:
2017
Published Online:
May 2018
ISBN:
9780300188837
eISBN:
9780300190083
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300188837.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter surveys the long and important tradition of law and psychoanalysis in the United States beginning with the work of Oliver Wendell Holmes, Jr., up to the mid-twentieth century. While ... More


John Codman Ropes: A Lawyer’s Historian

Richard F. Miller

in So Conceived and So Dedicated: Intellectual Life in the Civil War Era North

Published in print:
2015
Published Online:
September 2015
ISBN:
9780823264476
eISBN:
9780823266609
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823264476.003.0005
Subject:
History, American History: Civil War

This essay connects the life of John Codman Ropes, lawyer, historian, and founder of the Military Historical Society of Massachusetts, with the society's purposes and the type of Civil War histories ... More


The Irish Constitution ‘from below’: squatting families versus property rights in Dublin, 1967–71

Thomas Murray

in Judges, politics and the Irish Constitution

Published in print:
2017
Published Online:
September 2017
ISBN:
9781526114556
eISBN:
9781526124241
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526114556.003.0012
Subject:
Law, Legal History

Thomas Murray’s chapter draws on a critical social theory of law and a range of qualitatively rich primary sources to incorporate heretofore neglected social movement voices into a more complex ... More


‘The Crown Wears Many Hats’: Canadian Aboriginal Law and the Black-boxing of Empire

Mariana Valverde and Adriel Weaver

in Latour and the Passage of Law

Published in print:
2015
Published Online:
May 2017
ISBN:
9780748697908
eISBN:
9781474416061
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697908.003.0005
Subject:
Law, Philosophy of Law

In this ambitious but earthbound critique of the ‘black-boxing of empire’, Mariana Valverde and Adriel Weaver adroitly trace the construction and deconstruction of the spectral corpus mysticum in ... More


‘Towards a better Ireland’:<sup>1</sup> Donal Barrington and the Irish Constitution

Tomás Finn

in Judges, politics and the Irish Constitution

Published in print:
2017
Published Online:
September 2017
ISBN:
9781526114556
eISBN:
9781526124241
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526114556.003.0015
Subject:
Law, Legal History

Tomás Finn’s chapter is concerned with the consideration that Donal Barrington, a judge and public intellectual, gave to the Constitution, the basic law of the country, and the balance its Articles ... More


From the Conseil d’État to Gaia: Bruno Latour on Law, Surfaces and Depth

David Saunders

in Latour and the Passage of Law

Published in print:
2015
Published Online:
May 2017
ISBN:
9780748697908
eISBN:
9781474416061
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697908.003.0002
Subject:
Law, Philosophy of Law

This chapter artfully scans the surface of La fabrique du droit, ably summarising that book’s arguments and drawing a series of provocative connections to Latour’s subsequent enchantment with that ... More


Historical Attempts to Advance a Right to Education

Anne Newman

in Realizing Educational Rights: Advancing School Reform through Courts and Communities

Published in print:
2013
Published Online:
May 2014
ISBN:
9780226071749
eISBN:
9780226071886
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226071886.003.0004
Subject:
Education, Educational Policy and Politics

Chapter 3 addresses a likely challenge to arguments for a right to education as a matter of equal citizenship: that they are just utopian musings. In response, the chapter focuses on select moments ... More


‘The union makes us strong’: <i>National Union of Railwaymen v. Sullivan</i> and the demise of vocationalism in Ireland

Donal Coffey

in Judges, politics and the Irish Constitution

Published in print:
2017
Published Online:
September 2017
ISBN:
9781526114556
eISBN:
9781526124241
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526114556.003.0013
Subject:
Law, Legal History

Donal Coffey’s chapter examines the case of National Union of Railwaymen v. Sullivan which held part III of the Trade Union Act 1941 unconstitutional. The chapter contends that the importance of this ... More


They Always Knew Her to Be Free: Archiving Liberty in French Santo Domingo, 1804–1809

Graham T. Nessler

in Islandwide Struggle for Freedom: Revolution, Emancipation, and Reenslavement in Hispaniola, 1789-1809

Published in print:
2016
Published Online:
January 2017
ISBN:
9781469626864
eISBN:
9781469626888
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469626864.003.0007
Subject:
History, Latin American History

This chapter involves a close reading of several dozen notarized acts produced in Ferrand-era Santo Domingo by men and women seeking to document and preserve their freedom from (re)enslavement. This ... More


The Shame of the Nation: The Force of Reenslavement and the Law of Slavery under the Regime of Ferrand, 1804–1809

Graham T. Nessler

in Islandwide Struggle for Freedom: Revolution, Emancipation, and Reenslavement in Hispaniola, 1789-1809

Published in print:
2016
Published Online:
January 2017
ISBN:
9781469626864
eISBN:
9781469626888
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469626864.003.0006
Subject:
History, Latin American History

In spite of the defeat of Toussaint Louverture, Napoleon’s military expedition to Hispaniola of 1801-1803 met with great resistance once word reached the island that French forces had reestablished ... More


Is There a Difference That Makes a Difference between Dignity and uBuntu?

Drucilla Cornell

in Law and Revolution in South Africa: uBuntu, Dignity, and the Struggle for Constitutional Transformation

Published in print:
2014
Published Online:
September 2014
ISBN:
9780823257577
eISBN:
9780823261574
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823257577.003.0009
Subject:
Philosophy, Political Philosophy

Since WWII, dignity has become an important legal and moral value in almost all of the instruments of human rights and international law, and has no been incorporated into constitutions as a ... More


Ulster unionism and the Irish Constitution, 1970–85

Rory Milhench

in Judges, politics and the Irish Constitution

Published in print:
2017
Published Online:
September 2017
ISBN:
9781526114556
eISBN:
9781526124241
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526114556.003.0014
Subject:
Law, Legal History

Rory Milhench’s chapter seeks to analyse the nuances in the relationship between Ulster Unionists and successive Irish governments, with particular emphasis on how certain Articles of the Irish ... More


The Treatment of Children in Scots Criminal Law Historically

Claire McDiarmid

in Childhood and Crime

Published in print:
2007
Published Online:
May 2015
ISBN:
9781845860127
eISBN:
9781474406147
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860127.003.0005
Subject:
Law, Family Law

This chapter examines the approach taken to children who offend by three of the most influential jurists in Scots legal history – Sir George MacKenzie of Rosehaugh; Baron David Hume and Sir Archibald ... More


The Courage to Conquer Their Natural Liberty: Conflicts over Emancipation in French Santo Domingo, 1795–1801

Graham T. Nessler

in Islandwide Struggle for Freedom: Revolution, Emancipation, and Reenslavement in Hispaniola, 1789-1809

Published in print:
2016
Published Online:
January 2017
ISBN:
9781469626864
eISBN:
9781469626888
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469626864.003.0003
Subject:
History, Latin American History

In 1795, as a result of a military victory, the embattled French Republic acquired Spain’s oldest colony of Santo Domingo, the neighbor to Saint-Domingue. Since Paris had proclaimed the legal ... More


Being Black There: Contemporary African American Detective Fiction

Daylanne K. English

in Each Hour Redeem: Time and Justice in African American Literature

Published in print:
2013
Published Online:
August 2015
ISBN:
9780816679898
eISBN:
9781452948553
Item type:
chapter
Publisher:
University of Minnesota Press
DOI:
10.5749/minnesota/9780816679898.003.0006
Subject:
Literature, African-American Literature

I argue for literary, philosophical, and political motives in Walter Mosley’s return to a kind of writing born in and of 1930s cynicism, hard-boiled detective fiction. Like Richard Wright’s ... More


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