A Miscarriage of Justice: Women’s Reproductive Lives and the Law in Early Twentieth-Century Brazil, by Cassia Roth

2021 ◽  
Vol 6 (3) ◽  
pp. 369-371
Author(s):  
Ana Paula Nadalini Mendes
Author(s):  
James Gordley

‘Classical’ contract law was built on a substantive premise about contract law and two premises about legal method. The substantive premise was voluntaristic: the business of contract law is to enforce the will or choice of the parties. The first methodological premise was positivistic: the law is found, implicitly or explicitly, in the decisions of common law judges. The second methodological premise was conceptualistic: the law should be stated in general formulas which can be tested by their coherence. Finally, ‘classical’ contract law reflected an attitude about how best to steer a course — as every legal system must — between strict rules and equitable considerations. Since the early twentieth century, classical contract law has been breaking down. Allegiance to its premises has weakened as has the preference for rigor. At the same time, scholars have found classical law to be inconsistent even in its own terms. Nevertheless, much of it has remained in place faute de mieux while contemporary jurists have tried to see what is really at stake in particular legal problems. This article describes their work.


1979 ◽  
Vol 13 (2) ◽  
pp. 265-299 ◽  
Author(s):  
Lucy Carroll

Seavoyage was a social reform issue of some concern to the Hindus of Upper India in the latter part of the nineteenth century and the early twentieth century. Clearly there were compelling incentives for seavoyage; equally clearly there was a convention which prohibited such travel in the belief that it contravened the law laid down in ancient texts. But social conflict is seldom as one-dimensional as these statements imply.


1996 ◽  
Vol 28 (2) ◽  
pp. 251-278 ◽  
Author(s):  
Ian Christopher Fletcher

In the spring of 1912, the British syndicalist leader Tom Mann was prosecuted under the Incitement to Mutiny Act 1797 for his opposition to the use of troops during the great coal strike. He was convicted and sentenced to six months' imprisonment, but an outcry from socialists, trade unionists, and progressives forced the Liberal government to reduce his sentence and release him early from prison. This much is familiar to historians of early twentieth-century Britain and Ireland. It is often forgotten, however, that Mann was only one of eight syndicalists and socialists who were prosecuted for their involvement in the “don't shoot” agitation. It is likewise forgotten that Mann went on trial just days before the suffragette leaders Emmeline Pankhurst and Frederick and Emmeline Pethick Lawrence shared a similar fate, amid demands that Sir Edward Carson, the leading opponent of Irish home rule, join them in the dock. Indeed, the Nation, a progressive Liberal weekly, complained that “the country is…getting somewhat tired of political trials.” Perhaps because we assume the relative transparency of the law, historians have failed to scrutinize in detail the origins and outcome of the “don't shoot” prosecutions. George Dangerfield devoted one sentence to them, Elie Halévy a few more; although the “don't shoot” episode has been invoked to symbolize the increasingly fragile relations between Liberalism and the working classes, it continues to receive only brief mention in accounts of Edwardian labor and politics. Even Tom Mann's biographers have shed little new light on his case.


Author(s):  
Phillip Drew

The fact that a number of aspects of maritime blockade law are not settled in customary law infers that any state that engages in blockade operations risks the possibility that its actions will be found to have been unlawful. Because the consequences of a blockade can be so deleterious to vulnerable civilian populations, it is necessary that a legal framework for maritime blockade be established. At the core of any such framework must be the requirement to address humanitarian issues and concerns. Without such initiatives, the law of blockade will remain mired in the early twentieth century, and states engaging in this method of warfare will do so under a cloud of legal ambiguity.


2014 ◽  
Vol 21 (2) ◽  
Author(s):  
Wojciech Ziętara

AbstractThe Fabian Society is socialist organization established in London in 1884. Five years later, the Fabians presented the publication Fabian Essays which contained the key assumptions of political doctrine, called fabianism. The key ideas of fabianism include a collectivist economy, municipalization, the socialist state and the idea of democracy. The Fabians agreed that changes should be gradual and peace, with respect for the law and the presentation of the importance of British tradition in shaping the national community. At the same time the Fabians rejected solutions that promote individualism and capitalism, revolutionary and utopian changes in the social and political system. However, the Fabian doctrine was not found particular interest in political and social life in Europe due to its local and pragmatic character.


1982 ◽  
Vol 25 (4) ◽  
pp. 889-909 ◽  
Author(s):  
Henry Pelling

The Osborne judgment is always mentioned in political histories of the early twentieth century as one of the two principal judgments affecting the trade unions and the growth of the Labour party-the other being the Taff Vale decision of 1901. In both cases officers of the Amalgamated Society of Railway Servants were acting upon what they believed to be constitutional lines; in both cases, after lawsuits which went to the highest court in the land, the House of Lords, they were found to be behaving illegally; and in both cases parliament was eventually persuaded, if not precisely to reverse the Lords’ decision, at least to modify the law drastically in the unions’ favour. The repercussions upon the Lords themselves were not insignificant: the ordinary voter found it difficult to distinguish between the judicial and the legislative functions of the Upper House; and so both cases strengthened the willingness of trade unionists to support the Liberal government in its constitutional struggle against the Lords. Such was the outcome of Disraeli's decision in 1875 to retain the final appeal to the Lords, despite Gladstone's attempt, in the Judicature Act of 1873, to abolish it altogether.


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