scholarly journals A room with a view in English nuisance law: exploring modernisation hidden within the ‘textbook tradition’

Legal Studies ◽  
2018 ◽  
Vol 38 (4) ◽  
pp. 627-644
Author(s):  
Ben Pontin

AbstractThe paper critically examines the consensus among tort scholars that an injured view can never be actionable in nuisance. The consensus, it is argued, is based on a problematic understanding of the permanence of early modern nuisance authority, and a neglect of modernisation in the definition of actionable injury in the nineteenth century, in response to industrialisation, urbanisation and, crucially, suburbanisation. David Sugarman's ‘textbook tradition’ provides a valuable disciplinary explanation for the mismatch between scholarly portrayals of doctrine and authoritative judicial formulations in decided cases.

2015 ◽  
Vol 5 (2) ◽  
pp. 105-121
Author(s):  
Margaret D. Stetz

The New Man was a crucial topic of discussion and a continual preoccupation in late-Victorian feminist writing, precisely because he was more often a wished-for presence than an actual one. Nevertheless, creators of neo-Victorian fiction and film repeatedly project him backwards onto the screen of literary history, representing him as having in fact existed in the Victorian age as a complement to the New Woman. What is at stake in retrospectively situating the New Man – or, as I will call him, the ‘Neo-Man’ – in the nineteenth century, through historical fiction? If one impulse behind fictional returns to the Victorian period is nostalgia, then what explains this nostalgia for The Man Who Never Was? This essay will suggest that neo-Victorian works have a didactic interest in transforming present-day readers, especially men, through depictions of the Neo-Man, which broaden the audience's feminist sympathies, queer its notions of gender relations, and alter its definition of masculinity.


Author(s):  
Yiying Pan

Abstract This article investigates the collective responsibility organizations among boatmen in nineteenth-century Chongqing, when the city became one of the most important metropolises on the southwest Qing frontier. It also introduces two successive turning points in self-organization that were associated with two different classes of boatmen – skippers and sailors. First, in 1803, skippers gained the authority to institutionalize their organizations through their negotiations with the local state regarding official services and service fees. Second, when similar service and fiscal tensions emerged between skippers and sailors in the mid-nineteenth century, the skippers facilitated and supervised the institutionalization of collective responsibility organizations that were run by the sailors themselves. By contextualizing this expansion of collective responsibility organizations within the multilayered interactions between skippers and sailors, this article proposes that the perspective of interclass networks is crucial for deepening the study of state−society interactions, the capital−labor relationship, as well as the tension between imperial integration and regional diversity in early modern China.


2002 ◽  
Vol 30 (1) ◽  
pp. 289-304 ◽  
Author(s):  
Claire Nicolay

THOMAS CARLYLE’S CONTEMPTUOUS DESCRIPTION of the dandy as “a Clothes-wearing Man, a Man whose trade, office, and existence consists in the wearing of Clothes” (313) has survived as the best-known definition of dandyism, which is generally equated with the foppery of eighteenth-century beaux and late nineteenth-century aesthetes. Actually, however, George Brummell (1778–1840), the primary architect of dandyism, developed not only a style of dress, but also a mode of behavior and style of wit that opposed ostentation. Brummell insisted that he was completely self-made, and his audacious self-transformation served as an example for both parvenus and dissatisfied nobles: the bourgeois might achieve upward mobility by distinguishing himself from his peers, and the noble could bolster his faltering status while retaining illusions of exclusivity. Aristocrats like Byron, Bulwer, and Wellington might effortlessly cultivate themselves and indulge their taste for luxury, while at the same time ambitious social climbers like Brummell, Disraeli, and Dickens might employ the codes of dandyism in order to establish places for themselves in the urban world. Thus, dandyism served as a nexus for the declining aristocratic elite and the rising middle class, a site where each was transformed by the dialectic interplay of aristocratic and individualistic ideals.


1953 ◽  
Vol 15 (3) ◽  
pp. 275-302 ◽  
Author(s):  
Thomas T. McAvoy

The factors that caused the Roman authorities to insist on a Plenary Council of the American Bishops in 1884 have not been sufficiently explained. Perhaps the role of the American prelates in opposing the opportuneness of the definition of the doctrine of infallibility had some influence. Undoubtedly the reports of the bishops in their ad limina visits to Rome did little to subdue any fears that may have arisen. The frequent appeals of recalcitrant clergymen against their bishops were going directly to Rome because there was no intermediate court. The Instruction of 1878 makes this quite clear. Rome had shown its dissatisfaction with the condition of Catholic education by its interrogatory and its Instruction of 1875. The renewed condemnation of the Fenians had some American effects; and the renewed condemnation of the Masons with applications to certain other American social organizations indicated that all was not well in the social conditions of Catholics in the United States. Had the prelates in Rome understood American democracy and American conditions they would have had to have been much better informed than most Europeans in the nineteenth century. America was to Europe a land of great physical possibility, but a land without any great culture or religious accomplishments. Even European liberals did not understand the manhood suffrage of American democracy. The Catholic leaders of southern Europe, so generally aligned with conservative and monarchist parties, could have little understanding of American democracy in the religious sphere. In Rome where the hierarchical arrangement had not been fully dissociated from monarchical government and where Roman law with its insistence on the union of Church and State was the basis of most political thought, even the most sympathetic seemed to have some misgivings about the manifest loyalty of the American Catholics to the Holy See.


2018 ◽  
Vol 23 (1-2) ◽  
pp. 135-158 ◽  
Author(s):  
Andrew Keitt

Abstract This essay examines the discourse on medicine and the Inquisition in nineteenth-century Spain. It traces how liberal reformers selectively appropriated aspects of the history of Spanish medicine in the service of their contemporary political and scientific agendas, and how in doing so they contributed to the formation of new professional and national identities.


2021 ◽  
Vol 51 (4) ◽  
pp. 440-463
Author(s):  
Raffaella Sarti

What did early-modern and nineteenth-century Italians mean when they used the expressions tener casa aperta or aver casa aperta, literally to keep open house and to have an open house? In this article I will try to answer this question, which is far less trivial than one might imagine. Before tackling the topic, a premise is necessary. In some previous works, I used an etic category of ‘open houses’, i.e. a category I elaborated to interpret the implications of the presence, in many households, of domestic staff from different classes, places, races than their masters/employers. Such a presence made those houses open. The border between different peoples and cultures was inside the houses themselves that were places of exchanges, confrontations and clashes. In this article, I will develop a different approach: I will map the emic uses of the ‘open-house’ category, i.e. I will analyse how early-modern and nineteenth-century Italians used the expressions tener casa aperta or aver casa aperta. While some uses had to do with hospitality and sociability, others had legal meanings, referring to citizenship rights and privileges, the status of aristocrats, the differences between foreigners and local people and taxpaying. I will pay particular attention to the latter, also suggesting possible geographical differences and changes over time. This will present an opportunity to delve into the cultural and legal world of early-modern and nineteenth-century Italians, and to unveil the importance of houses for one's status.


2006 ◽  
Vol 35 ◽  
pp. 21-35
Author(s):  
Hiroshi Mitani

In the contemporary world the word “Asia” invokes a sense of regional integration or solidarity among Asian peoples. This sense of the word is rather recent and can only be traced back to the late nineteenth and early twentieth centuries. In that period, Japan called on Asian people to unify against the Western threat under its leadership. But until the late nineteenth century, “Asia” was a purely geographical term; merely the name of one of the five continents-a concept that had been modeled by early modern Europeans.In this essay I will discuss how and why the political usage of the word “Asia,” stressing Asian solidarity, was invented by the Japanese around the 1880s. I also investigate the ways in which this sense of the word spread to the rest of the geographical region of Asia. In order to understand the unfolding of this historical process, we should first examine the traditional concepts of world geography in Japan and how the European concept of Asia was introduced into East Asia.


Author(s):  
Iulia-Adina Lehene

This paper is the second part of a work that aims to rethink the concept of beauty as close as possible to its essence and in a way that integrates the science of aesthetics with the field of construction. Within other theoretical and practical works, this study may be further used to physically reflect the definition of beauty in areas such as architecture, civil engineering or urban planning and support professionals in designing and building beautiful objects and constructions. However, it has to be added that the assumption that there must be a particular original aspect related to beauty that leads a human-made object to success, needs to be further identified. The approach to the concept of beauty is through a general philosophical perspective and partially through the areas mentioned above.The second part of the study includes the synthesised guidance provided by Monroe Beardsley through the theories on beauty from the nineteenth century until today. In addition, it comprises the scheme of concepts that characterised the beautiful in this time, including the lines that guided its study, previous ideas that support our later views on presented theory, and a brief exposition of Maslow's theory of human motivation followed by our theory on beauty and the conclusions.


2019 ◽  
Author(s):  
Ivan Sablin ◽  
Kuzma Kukushkin

Focusing on the term zemskii sobor, this study explored the historiographies of the early modern Russian assemblies, which the term denoted, as well as the autocratic and democratic mythologies connected to it. Historians have discussed whether the individual assemblies in the sixteenth and seventeenth century could be seen as a consistent institution, what constituencies were represented there, what role they played in the relations of the Tsar with his subjects, and if they were similar to the early modern assemblies elsewhere. The growing historiographic consensus does not see the early modern Russian assemblies as an institution. In the nineteenth–early twentieth century, history writing and myth-making integrated the zemskii sobor into the argumentations of both the opponents and the proponents of parliamentarism in Russia. The autocratic mythology, perpetuated by the Slavophiles in the second half of the nineteenth century, proved more coherent yet did not achieve the recognition from the Tsars. The democratic mythology was more heterogeneous and, despite occasionally fading to the background of the debates, lasted for some hundred years between the 1820s and the 1920s. Initially, the autocratic approach to the zemskii sobor was idealistic, but it became more practical at the summit of its popularity during the Revolution of 1905–1907, when the zemskii sobor was discussed by the government as a way to avoid bigger concessions. Regionalist approaches to Russia’s past and future became formative for the democratic mythology of the zemskii sobor, which persisted as part of the romantic nationalist imagery well into the Russian Civil War of 1918–1922. The zemskii sobor came to represent a Russian constituent assembly, destined to mend the post-imperial crisis. The two mythologies converged in the Priamur Zemskii Sobor, which assembled in Vladivostok in 1922 and became the first assembly to include the term into its official name.


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