scholarly journals Blinded Like a State: The Revolt against Civil Registration in Nineteenth-Century Brazil

2006 ◽  
Vol 49 (1) ◽  
pp. 5-39 ◽  
Author(s):  
Mara Loveman

The first reports of popular disturbances in connection with Decree 798, calling for obligatory civil registration of births and deaths in the Brazilian empire, surfaced in the early days of January 1852. In the ensuing weeks, men, women, and children from across the impoverished northeastern Brazilian backlands convened in small settlements and towns to protest the decree. Local authorities reported being forced to abandon their posts, fleeing from the “mass of ignorants,” who, armed with knives and stones, threatened violence against those who would implement the law. Disturbances were reported in at least thirty-one localities, with crowds estimated at one hundred to several thousand people.

Author(s):  
Keith Breckenridge

Vital statistics have been politically fraught in South Africa for decades, not least because the state made very little effort to record information about the well-being of African women and children. This chapter shows that in the last years of the nineteenth century a working system of vital registration was developed in the colony of Natal and in the native reserves of the Transkei. From the beginning this delegated bureaucracy faced opposition from African patriarchs, from parsimonious white elected leaders and from the advocates of coercive systems of biometric identification. In the early 1920s, under the weight of mostly unfounded accusations of corruption, the system of registration by means of ‘native agency’ was deliberately terminated, despite the general enthusiasm of the magistrates charged with maintaining it.


2009 ◽  
Vol 34 (02) ◽  
pp. 265-299 ◽  
Author(s):  
Karen Pearlston

Many married women with separate property held their property as stock‐in‐trade and traded independently from their husbands. However, if the business failed, a married woman trader's ability to take advantage of bankruptcy process depended on the exception to coverture according to which she held her separate property. This article is the first to examine reported bankruptcy cases involving married women in their doctrinal context and in relation to other exceptions to coverture. It analyzes the issues arising in the eighteenth century and argues that they should be understood in relation to the larger picture of married women's law, especially the law of private separation. The article also considers the oblique relationship between private separation jurisprudence and married women's bankruptcy in the nineteenth century, a relationship that was bridged by a line of cases that, on the surface, seem to be unrelated.


1998 ◽  
Vol 41 (2) ◽  
pp. 425-455
Author(s):  
PAUL D. HALLIDAY

According to their charters, borough magistrates were to be independent of county justices of the peace. But between 1664 and 1688, the crown granted commissions of association appointing county justices to act in twenty-one towns. Though such commissions effectively annulled provisions in corporate charters, their use was entirely within the law of franchises by which such charters were granted. Three phases mark the life of these commissions: the mid-1660s, when the gentry – not the crown – prompted their use for their own purposes; the late 1660s to 1670s, when the crown used them to strengthen excise collection; and the 1680s, when they were used to support a more ambitious policy of imposing new charters on the corporations. Their use thus reveals when, how, and why the relationship between royal and local authorities changed, demonstrating the crown's essentially benign posture toward the provinces in the 1660s and 70s, thereby providing a vivid contrast to developments in the 1680s.


Author(s):  
Donald R. Kelley

Centuries of Roman jurisprudence were assembled in the great Byzantine collection, the Digest, by Tribonian and the other editors. Roman law became more formal when during the Renaissance of the twelfth century it came to be taught in the first universities, starting with Bologna and the teaching of Irnerius. The main channels of expansion were through the Glossators and post-Glossators, who commented on the main texts and on later legislation by the Holy Roman Emperors, which included “feudal law,” but also by notaries and other proto-lawyers. Christian doctrine also became part of the “Roman” tradition, and canon and civil law were taught together in the universities as “civil science.” According to the ancient Roman jurist Gaius, “all the law which we use pertains either to persons or to things or to actions,” three categories that exhaust the external human condition—personality, reality, and action. In the nineteenth century, the study of Roman law lost its ideological power and became part of philology and history, at least so concludes James Whitman.


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