scholarly journals Still Afraid of Legal Pluralism? Encountering Santi Romano

2019 ◽  
Vol 45 (2) ◽  
pp. 539-558
Author(s):  
Roger Cotterrell

The second edition of Santi Romano’s book, The Legal Order, now appearing in its first English translation (2017), is a pioneer text of legal pluralism. Its interest lies in its extreme radicalism and in the fact that, although it is written by a lawyer, its argument has many important political implications and addresses core conceptual issues in contemporary sociolegal studies of legal pluralism. The social and political context of Romano’s book in early twentieth-century Italy is far from being solely of historical interest. Issues that surrounded his juristic thinking in its time resonate with important political and social issues of today.

2019 ◽  
Vol 101 (4) ◽  
pp. 357-395 ◽  
Author(s):  
Saty Satya-Murti ◽  
Jennifer Gutierrez

The Los Angeles Plaza Community Center (PCC), an early twentieth-century Los Angeles community center and clinic, published El Mexicano, a quarterly newsletter, from 1913 to 1925. The newsletter’s reports reveal how the PCC combined walk-in medical visits with broader efforts to address the overall wellness of its attendees. Available records, some with occasional clinical details, reveal the general spectrum of illnesses treated over a twelve-year span. Placed in today’s context, the medical care given at this center was simple and minimal. The social support it provided, however, was multifaceted. The center’s caring extended beyond providing medical attention to helping with education, nutrition, employment, transportation, and moral support. Thus, the social determinants of health (SDH), a prominent concern of present-day public health, was a concept already realized and practiced by these early twentieth-century Los Angeles Plaza community leaders. Such practices, although not yet nominally identified as SDH, had their beginnings in the late nineteenth- and early twentieth-century social activism movement aiming to mitigate the social ills and inequities of emerging industrial nations. The PCC was one of the pioneers in this effort. Its concerns and successes in this area were sophisticated enough to be comparable to our current intentions and aspirations.


Author(s):  
Rashmi Pant

The framework of legal pluralism has conventionally posed customary norms against official Hindu law and prioritizes inheritance law as the only systemic mode for the transmission of family property. It has led to a scholarly neglect of the practices of gift and contract, which the author sees as alternative modes of sharing/devolving property to kin with weak inheritance rights. The chapter traces how, below the judicial radar, compensation for caregiving through gift and contract constituted a common ground of argument and negotiation among peasant litigants of the Garhwal Himalayas in the early twentieth century. It recovers ideas of normative justice through litigants’ speech, which never found their way into the corpus juris of either Hindu Law or custom.


2021 ◽  
pp. 025764302110017
Author(s):  
Shaik Mahaboob Basha

The question of widow remarriage, which occupied an important place in the social reform movement, was hotly debated in colonial Andhra. Women joined the debate in the early twentieth century. There was a conservative section of women, which bitterly opposed the widow remarriage movement and attacked the social reformers, both women and men. Pulugruta Lakshmi Narasamamba led this group of women. Lakshmi Narasamamba treated widow remarriage (punarvivaham) with contempt and termed it as an affront to the fidelity (pativratyam) of Hindu women. According to her, widow remarriage was equal to ‘prostitution’, and the widows who married again could not be granted the status of kulanganas (respectable or chaste women). Lakshmi Narasamamba’s stand on the question of widow remarriage led to the emergence of a fiery and protracted controversy among women which eventually led to the division of the most famous women’s organization, the Shri Vidyarthini Samajamu. She opposed not only widow remarriage but also post-puberty marriage and campaigned in favour of child marriage. This article describes the whole debate on the widow remarriage question that took place among women. It is based on the primary sources, especially the woefully neglected women’s journals in the Telugu language.


2018 ◽  
Vol 17 (1) ◽  
pp. 55-84 ◽  
Author(s):  
GIANNA ENGLERT

As part of Benjamin Constant's academic “revival,” scholars have revisited the political and religious elements of his thought, but conclude that he remained uninterested in the nineteenth century's major social and economic questions. This article examines Constant's response to what would later become known as “the social question” in his Commentary on Filangieri's Work, and argues that his claims about poverty and its alleviation highlight central elements of his political liberalism, especially on the practice of citizenship in the modern age. By interpreting social issues through his original political lens of “usurpation,” Constant encouraged skepticism of social legislation and identified the political implications of a “disinherited” poor class. The lens of usurpation ultimately limited the scope of Constant's solutions to poverty. But his attention to social and economic issues prompts us to reexamine the category of “the social” and its uses in the history of liberal thought, particularly the place of class concerns in the French liberal tradition.


Author(s):  
William K. Malcolm

Mitchell’s first two novels are examined as works deploying the medium of imaginative literature for introspection and analysis of his own past. In reverse chronological order they recreate the narrative of his childhood and early adulthood, in the course of which they present a state of the nation critique of early twentieth century Britain. The forthright verisimilitude of the social realism is in keeping with the philosophical nihilism prevailing in the inter-war years, with the political responses of mainstream parties and of radical splinter groups such as the Anarchocommunist Party appearing unable to change society for the better. Mitchell’s technical experimentation with metafiction and intertextuality indicates the scale of his literary ambition, while his proto-feminist sympathies are marked by his reliance on female protagonists.


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