Second-hand beaux and ‘red-armed Belles’: conflict and the creation of fashions in England, c. 1660–1800

2000 ◽  
Vol 15 (3) ◽  
pp. 391-417 ◽  
Author(s):  
BEVERLY LEMIRE
Keyword(s):  
Eighteenth Century ◽  
Group Identity ◽  
Common People ◽  
The Common ◽  
The Creation ◽  
Legal Constraints ◽  
The Individual ◽  
Long Eighteenth Century ◽  
The Right ◽  
Sumptuary Legislation

Fashion, like luxury, has been largely conceived in terms of the elite experience. Indeed, the European fashion cycle was noted first among the aristocracy where the fashion system celebrated novelty over tradition, highlighting the individual aesthetic even as it consolidated the group identity of exquisitely garbed nobles. The counterpoints to the mutability of style were the legal constraints designed to curb the fashion impulse, bridling the sartorial ambitions of non-elites. Sumptuary legislation aimed to enforce luxury codes. The right to extravagant inessentials, which distinguished those of noble blood, was forbidden to lesser beings; however, fashion was a contested concept whose influence permeated first the middling and then even the labouring ranks. In this article I will examine the competing forces at work within England as the dress of the common people was transformed over the long eighteenth century. Although sumptuary legislation came to an end in England in 1604, government and moralists continued to claim the right to restrain material expression within the lower ranks, but without success. I will assess the challenge to a unitary hegemonic elite fashion, and explore the creation and significance of the multiple expressions in dress within the varied social ranks of England.

Liberty and the Common Law

1945 ◽  
Vol 9 (1) ◽  
pp. 2-16 ◽  
Author(s):  
Lord Wright
Keyword(s):  
Eighteenth Century ◽  
Common Law ◽  
Civil Law ◽  
The State ◽  
Roman Law ◽  
Case System ◽  
The Common ◽  
The Law ◽  
The Individual ◽  
The Right

In preparing the few and elementary observations which I am about to make to you tonight I have wondered if the title I chose was apt or suitable. The Common Law is generally described as the law of liberty, of freedom and of free peoples. It was a home-made product. In the eighteenth century, foreign lawyers called it an insular and barbarous system; they compared it to their own system of law, developed on the basis of Roman and Civil Law. Many centuries before, and long after Bracton's day, when other civilised European nations ‘received’ the Roman Law, England held back and stood aloof from the Reception. It must have been a near thing. It seems there could have been a Reception here if the Judges had been ecclesiastics, steeped in the Civil Law. But as it turned out they were laymen, and were content as they travelled the country, and in London as well, to adopt what we now know as the Case System, instead of the rules and categories of the Civil Law. Hence the method of threshing out problems by debate in Court, and later on the basis of written pleadings which we find in the Year Books. For present purposes, all I need observe is that the Civil Lawyer had a different idea of the relation of the state or the monarch to the individual from that of the Common Lawyer. To the Civil or Roman Lawyer, the dominant maxim was ‘quod placuit principi legis habet vigorem’; law was the will of the princeps. With this may be compared the rule expressed in Magna Carta in 1215: No freeman, it was there said, was to be taken or imprisoned or exiled or in any way destroyed save by the lawful judgment of his peers and by the law of the land. Whatever the exact application of that phrase in 1215, it became a text for fixing the relations between the subject and the State. Holdsworth quotes from the Year Book of 1441; the law is the highest English inheritance the King hath, for by the law he and all his subjects are ruled. That was the old medieval doctrine that all things are governed by law, either human or divine. That is the old doctrine of the supremacy of the law, which runs through the whole of English history, and which in the seventeenth century won the day against the un-English doctrine of the divine right of Kings and of their autocratic power over the persons and property of their subjects. The more detailed definition of what all that involved took time to work out. I need scarcely refer to the great cases in the eighteenth century in which the Judges asserted the right of subjects to freedom from arbitrary arrest as against the ministers of state and against the validity of a warrant to seize the papers of a person accused of publishing a seditious libel; in particular Leach v. Money (1765) 19 St. Tr. 1001; Entick v. Carrington (1765) 19 St. Tr. 1029; Wilkes v. Halifax (1769) 19 St. Tr. 1406. In this connexion may be noted Fox's Libel Act, 1792, which dealt with procedure, but fixed a substantive right to a trial by jury of the main issue in the cases it referred to.

scholarly journals The Work Of Sohfi Allahyar "Sabot Ul - Ojizin" Is In Harmony With Today's Times

2020 ◽  
Vol 02 (12) ◽  
pp. 141-145
Author(s):  
Khimmatova Zarina Akhtamovna ◽  
Keyword(s):  
Central Asia ◽  
Common People ◽  
Important Place ◽  
The Enlightenment ◽  
The People ◽  
Islamic Religion ◽  
History Of ◽  
The Common ◽  
The Individual ◽  
The Right

The article analyzes the solidarity of “Sabot ul – ojizin's” work with the present period, which took an important place in the history of Uzbek enlightenment in the second half of the XVII century and the beginning of the XVIII century in Central Asia, the major representative of the Naqshbandian sect, Sofi Allahyar's "Sabot ul – ojizin". The work of sohfi Allahyar "Sabot ul - ojizin" is a work created due to the spiritual need of his time. The main purpose of the creation of the work is to educate the perfect person, to strive for the perfection of the individual. It is up to the people to start them on the right path by revealing the Enlightenment of the Islamic religion, to encourage them not to fall under the influence of the ideas of the memorization of different currents and fanatic groups. In the article, the work studied the socio – philosophical views aimed at starting the people on the right path, and in turn revealed that at that time for material benefit, he was struggling with enlightenment, occupying the minds of the common people and distributing various superstitious teachings. The article analyzes the ideas put forward in the work" Sabot ul – ojizin", the philosophical views, the solidarity of such enlightened views as leading the people towards perfection with today's times.

scholarly journals Fra eneveldets scene mot representative forsamlinger: visitasen som offentlig arena i Norge, ca. 1750–1850

2015 ◽  
Vol 12 ◽  
pp. 183-211
Author(s):  
Trond Bjerkås
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Local Government ◽  
Public Participation ◽  
General Public ◽  
Common People ◽  
Lay Members ◽  
The Common ◽  
Control Apparatus ◽  
The Church

From the Stage of State Power to Representative Assembly?: The Visitation as a Public Arena, 1750–1850In the eighteenth century, the bishops’ visitations to dioceses constituted an important part of the control apparatus of the Church and the absolutist state. The article examines visitations in Norway in terms of public arenas, where the common people interacted with Church officials. During the period 1750 to 1850, the visitations were gradually transformed from arenas in which the state manifested its power towards a largely undifferentiated populace, to meeting places that resembled representative assemblies with both clerical and common lay members. Thus, it adapted to new forms of public participation established by the reforms of national and local government in the first half of the nineteenth century. At the same time, the process amounted to an elitization, because a few representatives replaced of the congregation as a whole. It is also argued that parish churches in the eighteenth century functioned as general public forums with a number of other functions in addition to worship, such as being places of trade and festivities. This seems to change in the nineteenth century, when churches became more exclusively religious arenas. The transition can be seen in the context of new forms of participation in Church matters. Many clerics wanted greater participation by sections of the commoners, in order to strengthen control in moral and religious matters.

Introduction

2019 ◽  
pp. 1-24
Author(s):  
S. Elizabeth Penry
Keyword(s):  
Eighteenth Century ◽  
Political Legitimacy ◽  
The Political ◽  
Religious Institutions ◽  
Common People ◽  
New Towns ◽  
The Common ◽  
Planned Towns ◽  
The Town ◽  
Over Time

In the sixteenth century, Spaniards forcibly resettled Andeans into planned towns called reducciones. Andeans adapted the political and religious institutions of the new towns, the cabildo (town council) and the cofradías (confraternities), and made them their own, organizing them by the Andean social form, the ayllu. Over time, political legitimacy and authority within towns was transferred from traditional native hereditary lords, the caciques, to the common people of the town, who called themselves the común. Although a Spanish word, común took on Andean meaning as it was the word used to translate terms for collective land and the collective people of a town. It became a recognized shorthand for a political philosophy empowering common people. In the late eighteenth-century era of Atlantic Revolutions, the común rose up against its caciques, in an Enlightenment-from-below moment of popular sovereignty.

Literary Knowledge

2018 ◽  
pp. 17-43
Author(s):  
Tita Chico
Keyword(s):  
Eighteenth Century ◽  
Empirical Study ◽  
Natural Philosophy ◽  
Robert Hooke ◽  
Robert Boyle ◽  
Fundamental Component ◽  
The Individual ◽  
Natural Philosophers ◽  
Long Eighteenth Century ◽  
Scientific Tool

Natural philosophy in the long eighteenth century connoted a sense of modernity and enlightenment, attributes that bound science to meanings in excess of its practice and consumption. The pliancy of science as a trope finds support in reflections on language as a scientific tool by Robert Boyle, Robert Hooke, and other natural philosophers. The two dominant technologies of the experimental imagination are the observed particular and the modest witness. Observed particulars of empirical study are those nuggets of data that disclose themselves and, in their revelation, produce knowledge. The modest witness is the individual who is objective by virtue of erasing himself through his privilege. Tropes are literary tools that not only enable practitioners to describe scientific findings, but also enable an even more fundamental component of experimentalism: literariness makes possible the conceptualization of scientific findings and the individual who produces them.

A Failure of Modernization: Police Reform, The “Common Good,” and Serfdom In Eighteenth-Century Russia

2015 ◽  
Vol 42 (3) ◽  
pp. 249-271
Author(s):  
Hugh D. Hudson
Keyword(s):  
Eighteenth Century ◽  
Social Relations ◽  
Social Order ◽  
Common Good ◽  
Max Weber ◽  
Political Organization ◽  
The Common Good ◽  
The Social ◽  
The Common ◽  
The Creation

For Russian subjects not locked away in their villages and thereby subject almost exclusively to landlord control, administration in the eighteenth century increasingly took the form of the police. And as part of the bureaucracy of governance, the police existed within the constructions of the social order—as part of social relations and their manifestations through political control. This article investigates the social and mental structures—the habitus—in which the actions of policing took place to provide a better appreciation of the difficulties of reform and modernization. Eighteenth-century Russia shared in the European discourse on the common good, the police, and social order. But whereas Michel Foucault and Michael Ignatieff see police development in Europe with its concern to surveil and discipline emerging from incipient capitalism and thus a product of new, post-Enlightenment social forces, the Russian example demonstrates the power of the past, of a habitus rooted in Muscovy. Despite Peter’s and especially Catherine’s well-intended efforts, Russia could not succeed in modernization, for police reforms left the enserfed part of the population subject to the whims of landlord violence, a reflection, in part, of Russia having yet to make the transition from the feudal manorial economy based on extra-economic compulsion to the capitalist hired-labor estate economy. The creation of true centralized political organization—the creation of the modern state as defined by Max Weber—would require the state’s domination over patrimonial jurisdiction and landlord control over the police. That necessitated the reforms of Alexander II.

The Family Model of Society and Russian National Identity in Sergei N. Glinka's Russian Messenger (1808-1812)

Slavic Review ◽  
1998 ◽  
Vol 57 (1) ◽  
pp. 28-49 ◽  
Author(s):  
Alexander M. Martin
Keyword(s):  
Eighteenth Century ◽  
National Identity ◽  
Human Dignity ◽  
Upper Class ◽  
Old Regime ◽  
Common People ◽  
Recent Scholarship ◽  
Patriarchal Ideology ◽  
The Family ◽  
The Common

It was long accepted throughout the European world that a father's authority over his children should be unchallengeable and that the authority of monarchs and noble lords was absolute because they, too, were “fathers” to their subjects. A profound shift in this thinking occurred during the eighteenth century, however, as increasingly critical attitudes toward paternal authoritarianism subverted the patriarchal ideology that undergirded the old regime. Recent scholarship has even linked the outbreak of the American and French Revolutions to these changing beliefs about the nature of the family. These ideas had a powerful impact among Russia's westernized upper class and drove conservatives to search for a less harshly authoritarian justification for the old regime. Much soul-searching went into their attempt to reconcile autocracy and serfdom with the respect for human dignity and the delicate moral sensibilité that were increasingly expected of any cultivated European. Slavophilism, which glorified the common people and emphasized the duties of monarch and nobility, represented one outcome of this quest. The anguished process by which proto-Slavophile beliefs evolved out of the noble culture of the Catherinian age is strikingly apparent in the turbulent biography of the poet, playwright, journalist, and amateur historian Sergei Nikolaevich Glinka.

The Constitutional Theories of Thomas Paine

1946 ◽  
Vol 8 (3) ◽  
pp. 283-306 ◽  
Author(s):  
John J. Meng
Keyword(s):  
Eighteenth Century ◽  
Human Values ◽  
Modern World ◽  
Industrial Capitalism ◽  
Common People ◽  
Thomas Paine ◽  
Great Ability ◽  
History Of ◽  
Nineteenth And Twentieth Centuries ◽  
The Common

The latter half of the eighteenth century was a period of tremendous social, political, and economic fermentation. Much of our contemporary civilization was shaped by the forces released during those five decades. Frenchmen, Englishmen, and Germans of great ability and deserved renown had written and were writing of the rights of man and of the citizen. More than ever before in the history of the modern world thought was being given to the lot of the common people. In America, and later in France, Thomas Paine epitomized this liberal intellectual trend in words that have been adopted as classic expressions of the inherent value of the human personality.Unfortunately, the phenomenal growth of industrial capitalism during he nineteenth and twentieth centuries caused the new bourgeois ruling classes to lose sight of the basic human values stressed so emphatically by the eighteenth-century intellectuals.

scholarly journals Groundwater Potential Zone Mapping using Geospatial Techniques in Walayar Watershed

2019 ◽  
Vol 9 (1) ◽  
pp. 1157-1161
Keyword(s):  
Groundwater Potential ◽  
Groundwater Potential Zone ◽  
Subsurface Water ◽  
Potential Zone ◽  
Land Use Land Cover ◽  
Common People ◽  
North Central ◽  
Geospatial Techniques ◽  
The Common ◽  
The Right

The groundwater is the most important resources everywhere in the world and is decrease gradually. In construction, here is a need for separation of groundwater possible region. As the awareness and needs of the common people towards water is increasing the estimation of water is touched in all divisions. At the same time, surface water assets are getting to be insufficient to satisfy the water request. With the goal that systematic ordering of groundwater development using present-day system is important for the right management and use of this respected asset. Yet at the same time, groundwater assets have not yet been accurately damaged, keeping this in view, the current analysis have contained to outline the groundwater potential regions in Varattar river basin Tamilnadu & Kerala by using geospatial approach. The geospatial have turned out to be one of the substantial tools in the field of subsurface water study, which assistances in surveying, observing and monitoring groundwater capitals. Now to identify the groundwater possible region applied through various topical maps of geomorphology, streams, soil, land use/land cover and slope with IDW strategies. From the overall outcome, the groundwater investigation zone orderly into five classes called as very good, good, moderate, poor and very poor. This research to recommended that great potential zone of groundwater arise in the areas of south west north central part of study area in the Coimbatore and Palakkad districts. The result showed that converse distance weightage technique offers an effective tool for understanding groundwater possible regions for appropriate growth and management of water level resources in different hydrogeological surroundings.

scholarly journals Creating a Servitude to solve an Encroachment Dispute: A Solution or creating another Problem?

2017 ◽  
Vol 16 (5) ◽  
pp. 454
Author(s):  
Zsa-Zsa Temmers Boggenpoel
Keyword(s):  
South African ◽  
Common Law ◽  
Court Order ◽  
General Application ◽  
African Context ◽  
Personal Level ◽  
The Common ◽  
The Creation ◽  
The One ◽  
The Right

The main focus of this note is the case of Roseveare v Katmer, Katmer v Roseveare 2013 ZAGPJHC 18, which provides an interesting (though possibly constitutionally problematic) perspective to the encroachment problem. The decision in this case has opened the door for courts to create servitudes in instances where encroachments are left intact based on policy reasons. Concerning these policy reasons, the note investigates the reasonableness standard as it was applied in the case. It is argued that it is important to differentiate between the applications of reasonableness in encroachment cases and alleged nuisance disputes. The decision in this case creates the impression that courts may now order that a servitude be registered in favour of the encroacher against the affected landowner’s property. It seems as though the court had in mind the creation of a praedial servitude to justify the continued existence of the encroachment. The servitude is created by court order against the will of the affected landowner. At common law, the creation of a servitude in this respect does not exist, and the authority from which the power derives to make an order like this is not entirely clear. The court also does not provide any authority for the creation of the servitude in favour of the encroacher. Consequently, it is argued that this may have serious constitutional implications. For one, lack of authority for the deprivation that results may be unconstitutional because there is no law of general application that authorises the deprivation in terms of section 25(1). The creation of a servitude to explain the continued existence of the encroachment is not automatically included in the general discretion to replace removal with compensation. It is contended that an order that forces the affected landowner to register a servitude in favour of the encroacher to preserve the existing encroachment situation will be in conflict with section 25(1) as far as the common law does not authorise such an order. Furthermore, an order creating a servitude against the affected landowner’s will need to be separately justified in terms of the non-arbitrariness requirement in section 25(1). In this respect, the order will be unjustified and therefore arbitrary on both a general and personal level. Although this decision eliminates the enduring problem in encroachment law concerning the rights of the respective parties to the affected land where encroachments are not removed, it is reasoned in this note that the solving of this problem may have created another one. The decision is undoubtedly a step in the right direction, in so far as the court has attempted to provide clarity in terms of the rights to the encroached-upon land. However, the absence of authority either in terms of the common law or legislation to create a servitude in this context, indicates that courts should avoid orders of this nature because of their implications. If legislation is enacted to regulate building encroachments, it may be useful to explain what happens when the encroachment is not removed and it may also provide the required law of general application to prevent constitutional infringement. The legislation should specify the nature of the right acquired by the encroacher, which in the South African context should probably be a servitude created against the affected landowner’s property. This may ensure that the required authority exists for the creation of the servitude and would also provide the necessary justification to prevent the arbitrary deprivation of property. It is accordingly submitted that the unnecessary confusion that results from the inability to explain the outcome (or provide sufficient reason) on the one hand, and the possible constitutional infringement due to the lack of authority on the other, may therefore be cleared up by the suggested legislation.

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