DELINQUENT FATHERS AND PHILOLOGYLUN YU13.18 AND RELATED TEXTS

Early China ◽  
2014 ◽  
Vol 37 ◽  
pp. 221-258 ◽  
Author(s):  
Oliver Weingarten
Keyword(s):  
Legal History ◽  
Final Part ◽  
Warring States ◽  
Han Feizi ◽  
The Social ◽  
History Of ◽  
Lushi Chunqiu

AbstractInvestigating textual parallels between pre-Qin writings such asHan FeiziandLüshi chunqiuand Confucius's statement inLun yu13.18 that “a father covers up for his son and a son for his father,” this article argues that theLun yupassage is most likely derived from the version inLüshi chunqiuor a closely related version. This has several consequences for scholarly interpretations of theLun yu. It serves as a reminder that theLun yuis a heterogeneous collection of textual units drawn from sometimes unexpected sources. It also demonstrates that theLun yushould be read not in isolation but against the widest possible background of pre-Qin and Han parallels.In the final part, the article reviews some of the comparisons between Confucius inLun yu13.18 and Socrates in Plato's “Euthyphro,” cautioning against over-interpretations of the extremely terse statement attributed to Confucius. A more fruitful way of readingLun yu13.18, it is argued, would be to historicize the passage by contextualizing it within the social and legal history of the late Warring States and Han periods.

Project Report on the "Investigation of the Present Situation and Development of Ethnic Minorities in China"

2002 ◽  
Vol 24 (1) ◽  
pp. 6-9
Author(s):  
Hao Shiyuan
Keyword(s):  
Social History ◽  
Ethnic Minorities ◽  
Social Relations ◽  
Warring States Period ◽  
Warring States ◽  
The Social ◽  
Spring And Autumn Period ◽  
Long Time ◽  
History Of ◽  
Shi Ji

When viewed from the perspective of history, China has not had a flourishing anthropology and ethnology. However, China's traditions of ethnographic-like perspectives have flourished for a long time. Since the Spring and Autumn Period (770-476 BC) and Warring States Period (475-221 BC), multiethnic structure and social relations have been recorded in China's history. Ever since Sima Qian's Shi Ji (the Historical Records), the first general history of China compiled around 100 BC, the social history and cultural customs of ethnic minorities had been covered in each dynasty's history. Moreover, some special chapters had been dedicated to keeping the records of ethnic minorities. Of course such records were not completely unbiased.

The Legal History of the Dual State

2017 ◽  
Author(s):  
Ernst Fraenkel
Keyword(s):  
National Socialism ◽  
Legal History ◽  
Critical Examination ◽  
Historical Period ◽  
National Socialist ◽  
National Socialist State ◽  
German Ideology ◽  
The Social ◽  
History Of ◽  
Objective View

This chapter aims to take an objective view of the appeal of National-Socialism. However, it is argued, people who had an ambivalent attitude toward National-Socialism suffered from two principal misconceptions. Firstly, the German ideology of Gemeinschaft (community) is just a mask hiding the still existing capitalist structure of society. Secondly, this ideological mask equally hides the existence of the prerogative state operating by arbitrary means. Any critical examination which attempts to reveal the social structure of the National-Socialist state, it is stated, must discover whether or not the essential criteria of the dual state have appeared in any earlier historical period. The chapter, therefore, looks in detail at the history of the dual state in Prussia and Germany as a whole.

Revisiting the Arthurs Report Twenty Years Later

2003 ◽  
Vol 18 (1) ◽  
pp. 33-44 ◽  
Author(s):  
Constance Backhouse
Keyword(s):  
Legal History ◽  
Law School ◽  
Faculty Members ◽  
Advisory Panel ◽  
Social Sciences And Humanities ◽  
The Social ◽  
Seminar Room ◽  
History Of ◽  
The University ◽  
Consultative Group

Harry Arthurs' Law & Learning report, conceived by the Social Sciences and Humanities Research Council of Canada and carried to fruition in 1983 by a ten-person Consultative Group and a twenty-three person Advisory Panel, was a formative document in the history of Canadian legal education. My recollection of the release of the report is probably intensified because of the circumstances in which I experienced it the following year - a seminar room filled with cranky faculty members at the Faculty of Law at the University of Western Ontario, as stony terrain as any venue one might have imagined for the reception of such a report. I was then a relatively junior untenured professor, hoping to build a scholarly record in the field of feminist legal history, who had unwittingly found myself in a law school in which most faculty were devoted to building its reputation as a professionally conservative, black letter law institution. Into such a milieu strode my former professor and mentor, Harry Arthurs, whose habit of describing Osgoode Hall Law School as the “best law school in the Commonwealth” had not particularly endeared him to the Western professoriate previously. I felt like a deer in the headlights, and my sense was that Harry Arthurs himself was very ill at ease in a room that exuded defensiveness and hostility, as well as both latent and overt anger.

scholarly journals How to Write a Positivist Legal History: Lessons from the 18th and 19th Centuries English Jurists William Blackstone and James Fitzjames Stephen

Histories ◽  
2021 ◽  
Vol 1 (3) ◽  
pp. 169-183
Author(s):  
Susanna Menis
Keyword(s):  
Social Control ◽  
Criminal Law ◽  
Legal History ◽  
Social Response ◽  
Master Plan ◽  
A Value ◽  
The Social ◽  
History Of ◽  
The Law ◽  
The 1960S

This paper is about the shaping of the law understood as a positivist enterprise. Positivist law has been the object of contentious debate. Since the 1960s, and with the surfacing of revisionist histories, it has been suggested that the abstraction of the doctrine of criminal law is due to its categorisation in early histories. However, it is argued here that positivism was hardly an intentional master plan of autocratic social control. Rather, it is important to recognise that historians do not provide a value-free recount of history. This paper examines this assertion by drawing on the writings of the English jurists William Blackstone and his work Commentaries on the Law of England (1765), and James Fitzjames Stephen’s A History of the Criminal Law of England (1883). Taking these scholars not as mere a-historical writers but reflecting on the fact that they inevitably ‘functioned’ as conduits of their own social practise opens an inquiry into the social response to a social need, which was already under way long before their time.

scholarly journals 21. An Epigraphic Interpretation of Historical Stages in Ancient Chinese History

Early China ◽  
1986 ◽  
Vol 9 (S1) ◽  
pp. 48-50
Author(s):  
Hsü Chin-Hsiung ◽  
James C. H. Hsu
Keyword(s):  
Early Period ◽  
Social Institutions ◽  
Political Organization ◽  
Chinese History ◽  
Warring States Period ◽  
Warring States ◽  
Ancient Society ◽  
The Social ◽  
History Of ◽  
Second Period

ABSTRACTSince the end of the Warring States period (221 B.C.), the traditional history of China has always been said to have begun with the “Three August Sovereigns” and the “Five Emperors.” The stages in Chinese civilization were thus personified and ancient society was conceived of as having been ruled by an uninterrupted line of emperors. This early period of Chinese history may be divided into three periods, each of which may be typified by one oracle-graph.The first period is the era of the legendary personages. This is before the period of the Yellow Emperor and may be represented by the oracle-bone graph for “sage.” The second period is the era of the emperors who created social institutions, an era which may be represented by the oracle-bone graph for “jade pendant.” The final period is the era of authentic dynastic history, covering the Hsia, Shang, and Chou dynasties. This period may be represented by the oracle-bone graph for “king.”The oracle-bone character for “sage” is a pictograph of a man with extremely keen hearing. This implies exceptional physical or mental capabilities which would enable that person to bring great benefits to the community. This period of the sage saw the invention and development of a series of technological skills and tools which improved the standard of living of the community, but the stage had still not been reached when the social system necessary for political organization could come into being; that is to say, society had not yet reached the stage of true civilization.

Historical Analysis of Law

1998 ◽  
Vol 16 (1) ◽  
pp. 159-162 ◽  
Author(s):  
Markus Dirk Dubber
Keyword(s):  
Intellectual History ◽  
Social History ◽  
Legal History ◽  
Historical Analysis ◽  
Social Embeddedness ◽  
Historical Method ◽  
Social Basis ◽  
The Social ◽  
History Of ◽  
The Right

Kenneth Ledford's and Michael Meranze's insightful comments raise important questions about the nature of legal history in general, and of the history of punishment in particular. According to Ledford and Meranze, modern legal history is social history, to be distinguished from “old-style intellectual history.” A product of the latter “historical method no longer in favor,” “The Right to Be Punished” draws Ledford's and Meranze's criticism for its insufficient “root[s]… in the soil of social history” and for its inadequate “account of the … social basis of the modern will to punish” and “the social embeddedness of punishment.”

Concluding Remarks. The Legacy of James Brown Scott and the Responsibilities of International Legal History

2019 ◽  
pp. 312-320
Author(s):  
Paolo Amorosa
Keyword(s):  
International Law ◽  
Legal History ◽  
Human Action ◽  
Historical Study ◽  
Political Actors ◽  
Close Analysis ◽  
The Social ◽  
History Of ◽  
History Of International Law

In the concluding remarks, I put forward some reflections on Scott’s legacy and the significance of his work to articulate a responsible approach to the history of international law today. The Spanish origin narrative resulted from Scott’s contingent choices, proving his agency in the reshaping of international legal history. A responsible self-understanding of the profession should acknowledge the relevance of individual and collective stances. As international lawyers we are situated political actors. Awareness of this condition should be reflected in the histories we write. Narratives of timeless principles or inevitable progress downplay the concrete role of human action in shaping of the reality we live in. The engaged and responsible historical study of international legal doctrines should instead put close analysis of practice, sociological aspects of the profession, and the social and political stakes lawyers face at its center.

Toward a New Legal History of Capitalism and Unfree Labor: Law, Slavery, and Emancipation in the American Marketplace

2015 ◽  
Vol 40 (01) ◽  
pp. 270-300
Author(s):  
Matthew A. Axtell
Keyword(s):  
Legal History ◽  
Labor Law ◽  
New Work ◽  
History Of Capitalism ◽  
Early American ◽  
Racial Capitalism ◽  
Starting Point ◽  
The Social ◽  
Unfree Labor ◽  
History Of

New work on the “history of capitalism” reveals how the personal freedom enjoyed by people living within the liberal capitalist mainstream is often purchased by coerced labor at the social margins. Walter Johnson's book River of Dark Dreams: Slavery and Empire in the Cotton Kingdom makes this argument with force, utilizing the concept of “slave racial capitalism” to suggest how race‐based slavery constituted a necessary component of early American economic expansion. Using Johnson's framework as a starting point, this essay argues that the legal institutions of property and contract, institutions underwriting a genuinely “slave racial capitalist” regime, also contained certain subversive possibilities within themselves, eventually challenging unfree labor as a modality of rule within the modernizing United States.

Resetting the Legal History of Slavery: Divination, Torture, Poisoning, Murder, Revolution, Emancipation, and Re-enslavement

2011 ◽  
Vol 29 (4) ◽  
pp. 1089-1095
Author(s):  
Walter Johnson
Keyword(s):  
Intellectual History ◽  
Social History ◽  
Legal History ◽  
African History ◽  
Crime And Punishment ◽  
The Social ◽  
History Of ◽  
History Of Crime

Each of these four lapidary papers scratches a stylus across fixed categories and settled understandings: embedding the legal history of the Americas in the African history of crime and punishment; uncovering the intellectual history of the metropole in the social history of the colonies; using the restless contingency of biography to trouble the most durable of historiographical boundaries, that between slavery and freedom. Taken together, they dismantle and then suggestively refit the history of slavery and law in the time of revolution and emancipation.

scholarly journals Wubs-Mrozewicz, Justyna. "Conflict Management and Interdisciplinary History." Tijdschrift voor Sociale en Economische Geschiedenis 15.1 (2018): 89-107.

2019 ◽  
Author(s):  
Justyna Wubs- Mrozewicz
Keyword(s):  
Social Sciences ◽  
Conflict Management ◽  
Legal History ◽  
Large Scale ◽  
Social Economic ◽  
Individual Group ◽  
The Social ◽  
The Status ◽  
History Of ◽  
Multi Level

This article advances the idea that the concept of conflict resolution, which is usual in social, economic, political and legal history of premodern Europe and in the social sciences in general, is too goal-oriented and therefore unsatisfactory for the analyses of conflicts. Instead, a problem-oriented concept of conflict management is proposed. It consists of prevention, provocation, maintenance of the status quo, escalation and de-escalation, as well as resolution. Such a concept allows to analyse multi-level conflicts (individual, group, large-scale) pertaining diverse yet interrelated issues. This article shows how it will be used to analyse contentious issues which are related to mercantile cities in premodern cities in northern Europe (1350-1570), in a recently granted NWO VIDI project.

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