Comment: The Separation of Powers in 1867

1987 ◽  
Vol 20 (1) ◽  
pp. 117-120 ◽  
Author(s):  
Janet Ajzenstat
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Twentieth Century ◽  
Political Culture ◽  
Separation Of Powers ◽  
The United States ◽  
The Political ◽  
Democratic Institutions ◽  
Mixed Constitution

Philip Resnick argues that Montesquieu is seminal for an understanding of Canadian institutions. We find in nineteenth-century Canada, he says, not Montesquieu's separation of powers doctrine, so influential in the United States, but his teaching about the mixed constitution, that is, government by a combination of monarchic, aristocratic and democratic institutions. He argues that this influence shows in such typical features of our political culture as acceptance of hierarchical patterns, deference to authority and so on; these are reflections of the “disdain for democratic excesses” inherent in the mixed constitution. He then goes on to suggest that we have grown out of the mixed constitution in the twentieth century, but that as a result of the Charter of Rights and Freedoms relations between the political and judicial powers in Canada have so come to resemble the American that we are justified in saying that Canada in this one respect is now characterized by the separation of powers. We have moved from the Montesquieu of the mixed constitution to the Montesquieu of the separation of powers.

American Legal Thought in Transatlantic Context, 1870-1914

2021 ◽  
Author(s):  
David M. Rabban
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Twentieth Century ◽  
First Generation ◽  
The United States ◽  
Recent Book ◽  
Historical School ◽  
Legal Thought ◽  
Early Twentieth Century ◽  
Sociological Jurisprudence

Most American legal scholars have described their nineteenth-century predecessors as deductive formalists. In my recent book, Law’s History : American Legal Thought and the Transatlantic Turn to History, I demonstrate instead that the first generation of professional legal scholars in the United States, who wrote during the last three decades of the nineteenth century, viewed law as a historically based inductive science. They constituted a distinctive historical school of American jurisprudence that was superseded by the development of sociological jurisprudence in the early twentieth century. This article focuses on the transatlantic context, involving connections between European and American scholars, in which the historical school of American jurisprudence emerged, flourished, and eventually declined.

The American Reception of Hegel (1830–1930)

2017 ◽  
Author(s):  
John Kaag ◽  
Kipton E. Jensen
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Twentieth Century ◽  
The United States ◽  
American Pragmatism ◽  
Human Effects ◽  
The Impact

This chapter outlines the reception of Hegel in the United States in the nineteenth and the first half of the twentieth century. Hegel dramatically influenced the formation of American transcendentalism and American pragmatism, despite often being described as simply antithetical to these American philosophies. While pragmatists such as Peirce and James often criticized a certain interoperation of Hegel, their readings of the Phenomenology and Logic helped them articulate a philosophy, inherited from Emerson, that was geared toward experience and to exploring the practical, deeply human, effects of philosophy. Care is taken to describe the impact that the study of Hegel had on American institutions of culture and politics in the nineteenth century.

John Robert Seeley and the Political Theology of Empire

2016 ◽  
Author(s):  
Duncan Bell
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
World Order ◽  
The United States ◽  
The Political ◽  
Late Nineteenth Century ◽  
Nation State ◽  
Famous Book ◽  
Late Nineteenth

This chapter focuses on John Robert Seeley (1834–95), the most prominent imperial thinker in late nineteenth-century Britain. It dissects Seeley's understanding of theology and religion, probes his views on the sacred character of nationality, and shows how he attempted to reconcile particularism and universalism in a so-called “cosmopolitan nationalist” vision. It argues that Seeley's most famous book, The Expansion of England (1883) should be understood as an expression of his basic political-theological commitments. The chapter also makes the case that he conceived of Greater Britain as a global federal nation-state, modeled on the United States. It concludes by discussing the role of India and Ireland in his polychronic, stratified conception of world order.

Cuban Revolutionary Politics in Diaspora

2017 ◽  
Author(s):  
Dalia Antonia Muller
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Political Culture ◽  
National Association ◽  
The Political ◽  
Independence Movement ◽  
Revolutionary Politics ◽  
Revolutionary Party ◽  
And Gender

This chapter tells the story of two key and connected institutions of the Cuban Independence movement outside of Cuba: the Cuban Revolutionary Party (PRC) and the National Association of Cuban Revolutionary Émigrés (ANERC). These institutions and their records have much to teach us about the political culture of Cubans in exile during the second half of the nineteenth century. More specifically, the chapter explores the tension between inclusion and exclusion that marked both institutions during the 1890s and the first few decades of the twentieth century, with a special emphasis on race, class and gender.

Shund and the Tabloids: Jewish Popular Reading in Inter-War Poland

2003 ◽  
pp. 188-212
Author(s):  
Nathan Cohen
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Twentieth Century ◽  
Western Europe ◽  
The United States ◽  
The West ◽  
Tabloid Press

This chapter describes Jewish popular reading in inter-war Poland, looking at shund and the Polish tabloid press. In the first third of the twentieth century, as the Polish press was developing rapidly, sensationalist newspapers began to proliferate. While this type of press had been widespread in the United States and western Europe since the middle of the nineteenth century, it first emerged in Poland only in 1910, with Ilustrowany Kurier Codzienny (Illustrated Daily Courier) in Kraków. In Warsaw, the first tabloid newspapers, Kurier Informacyjny i Telegraficzny (Information and Telegraphic Courier) and Ekspres Poranny (Morning Express), appeared in 1922. In 1926, Kurier Informacyjny i Telegraficzny changed its name, now printed in red, to Kurier Czerwony (Red Courier). In time, the colour red became emblematic of sensationalist newspapers in Poland, and they were nicknamed czerwoniaki (Reds), similar to the ‘yellow’ press in the West.

Introduction The Birth and Growth of Judicial Review in the Civil Law World

2021 ◽  
pp. 1-8
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
South Africa ◽  
United Kingdom ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
The Political ◽  
The United Kingdom

This book is about the stunning birth and growth of judicial review in the civil law world, since 1945. In Volume I of this two-volume series, I showed that judicial review was born and grew in common law G-20 constitutional democracies and in Israel primarily: (1) when there is a need for a federalism or a separation of powers umpire, (2) when there is a rights from wrongs dynamic, (3) when there is borrowing, and (4) when the political structure of a country’s institutions leaves space within which the judiciary can operate. The countries discussed in Volume I were the following: (1) the United States, (2) Canada, (3) Australia, (4) India, (5) Israel, (6) South Africa, and (7) the United Kingdom....

Introduction

2020 ◽  
pp. 1-20
Author(s):  
Stephen Lovell
Keyword(s):  
United States ◽  
Political Culture ◽  
Public Speaking ◽  
The United States ◽  
Spoken Word ◽  
The Political ◽  
History Of Rhetoric ◽  
Mass Politics ◽  
History Of ◽  
Modern Mass

The introduction considers the place of the spoken word in Russian history, presenting a pre-history of rhetoric and oratory in Russia before the 1860s. Examples are drawn from sermons, literature, theatre, and the universities, as well as from the political practice of Russia’s rulers. The introduction goes on to explain the significance of public speaking in Russia’s ‘stenographic age’, highlighting the challenges of modern mass politics and communications. It further offers comparisons between Russian political culture and the political culture of Britain, Germany, and the United States, paying particular attention to the place of oratory in the political imagination. It concludes by outlining the structure and rationale of the book.

Teaching National Identity and Alterity

2018 ◽  
Vol 10 (1) ◽  
pp. 106-126
Author(s):  
Bahar Gürsel
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Twentieth Century ◽  
National Identity ◽  
Primary Schools ◽  
The United States ◽  
American Identity ◽  
The Other ◽  
Nineteenth Century America ◽  
Race Ethnicity

The swift and profound transformations in technology and industry that the United States began to experience in the late 1800s manifested themselves in school textbooks, which presented different patterns of race, ethnicity, and otherness. They also displayed concepts like national identity, exceptionalism, and the superiority of Euro-American civilization. This article aims to demonstrate, via an analysis of two textbooks, how world geography was taught to children in primary schools in nineteenth century America. It shows that the development of American identity coincided with the emergence of the realm of the “other,” that is, with the intensification of racial attitudes and prejudices, some of which were to persist well into the twentieth century.

Anti-Partism and Party Control of Political Reform in the United States: The Case of the Australian Ballot

2000 ◽  
Vol 30 (1) ◽  
pp. 1-29 ◽  
Author(s):  
ALAN WARE
Keyword(s):  
United States ◽  
Political Culture ◽  
Progressive Era ◽  
The United States ◽  
The Political ◽  
Face To Face ◽  
Party Control ◽  
Party Elites ◽  
Ambivalent Attitude ◽  
Direct Primary

This article examines critically an explanation, first propounded by Austin Ranney, as to the causes of party reform in the United States. Ranney argued that there is an ambivalent attitude to parties in the United States; while there is evidence of popular support for parties, the political culture is also infused by anti-party values. Periodically this has facilitated the enactment of legislation, promoted by anti-party reformers, constraining parties. Focusing on the Australian Ballot, the article argues that its rapid adoption in the United States resulted from its seeming to solve problems facing party elites in the 1880s – problems that arose from the erosion of a face-to-face society. Despite opposition from anti-party reformers, parties in most states legislated for types of ballot that preserved party control of the electorate. Moreover, during the Progressive era the parties generally continued to preserve a type of ballot that favoured them. The ability of parties to defend their interests against anti-party reformers was possible when it was clear where those interests lay. With other reforms, including the direct primary, this was much less evident, and it was then far more difficult for the parties to defend themselves.

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