A Deceptive Cadence: Nineteenth-Century Property Law and Popular Culture's Perception of The Piano

1995 ◽  
Vol 10 (2) ◽  
pp. 31-54 ◽  
Author(s):  
Anne Warner La Forest
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Property Rights ◽  
19Th Century ◽  
Historical Context ◽  
Historical Review ◽  
Property Law ◽  
Human Spirit ◽  
Love Story ◽  
Time Period

AbstractThe tale presented in the film The Piano is placed in mid-19th-century New Zealand and has been heralded by critics as a timeless love story, and described as erotic and romantic. A legal historical review of this time period, however, demonstrates that, upon marriage, women had very limited property rights and were entirely dependent upon men, whether their fathers, their husbands, or otherwise. In particular, personal objects such as a piano would become the property of the husband upon marriage. Hence, a married woman's access to the ability to express herself in this manner was not her own. The actions of the characters in this film are consistent with the law applicable to this time period. Ultimately, from this persective, the movie is about the abuses of this kind of culture and its inability to suppress the human spirit—the piano being a symbol of exactly that struggle. This paper compares the “modern” perception of this film to its historical context, with the objective of determining what this says about our present society and culture.

Two Properties, One Land: Law and Space in Nineteenth-Century New Zealand

1999 ◽  
Vol 24 (04) ◽  
pp. 807-852 ◽  
Author(s):  
Stuart Banner
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Property Rights ◽  
Market Economy ◽  
Religious Belief ◽  
Balance Of Power ◽  
The Other ◽  
Political Organization ◽  
Property System ◽  
Level Of Consciousness

If we use the word land to refer to the physical substance, and reserve the word property for the intellectual apparatus that organizes rights to use land, we can say that in colonial New Zealand, the British and the Maori overlaid two dissimilar systems of property on the same land. That difference in legal thought structured each side's perception of what the other was doing, in ways that illustrate unusually clearly the power of law to organize our awareness of phenomena before they reach the level of consciousness. Over the course of the nineteenth century, as the balance of power gradually swung to the side of the British, they were largely able to impose their property system on the Maori. The centrality of property within the thought of both peoples, however, meant that the transformation of Maori into English property rights involved much more than land. Religious belief, engagement with the market economy, political organization—all were bound up in the systems by which both peoples organized property rights in land. To anglicize the Maori property system was to revolutionize Maori life.

scholarly journals The Problem with Suing Sovereigns: Sloman (1876)

2010 ◽  
Vol 41 (3) ◽  
pp. 403
Author(s):  
Geoff McLay
Keyword(s):  
New Zealand ◽  
19Th Century ◽  
Historical Context ◽  
Important Case ◽  
Legal Personality ◽  
Archival Documents ◽  
Legal Difficulties ◽  
General Inability

In Sloman v The Governor and Government of New Zealand  the plaintiff attempted to sue the New Zealand Government for failing to make good on emigration contracts concluded in Europe. This article analyses the decision in Sloman, that the New Zealand government could not be sued in English courts, both within its own historical context and with respect to 19th century concerns over the general inability of the Crown to be sued. The article points to archival documents which show that the New Zealand Government itself was concerned, in the wake of the earlier loss of the Cospatrick, as to its own ability to recover the passage monies it had paid, and whether that recovery might be prevented by a lack of legal personality in the English Courts. The article concludes that while Sloman is an important case in its own right, there is also a need for greater investigation of both the practical and theoretical legal difficulties that faced the New Zealand Government in its development and immigration projects of the 1870s.

scholarly journals Les cartes de l'Afrique au XIXe siècle et Joseph Conrad: perceptions d'une révolution cartographique (Maps of Africa in the 19th century and Joseph Conrad: Perceptions of a Cartographic Revolution)

2015 ◽  
Vol 12 (1) ◽  
Author(s):  
Isabelle Avila
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
19Th Century ◽  
Joseph Conrad ◽  
Historical Context ◽  
Literary Work ◽  
Heart Of Darkness ◽  
Complete Revolution ◽  
Xixe Siecle ◽  
The 19Th Century

La communication proposée aura pour but de s’interroger sur la notion de « carte mentale ». Qu’est-ce qu’une carte mentale ? Comment se construit-elle ? Comment et pourquoi faire des recherches sur les cartes mentales? Cette réflexion théorique sera accompagnée d’une étude sur les représentations cartographiques de l’empire britannique au tournant du vingtième siècle. Comment retrouver les cartes mentales de l’empire britannique au moment de son apogée à partir des discours des géographes et des cartes présentes dans les atlas, les manuels scolaires et les revues des sociétés de géographie? Tout d’abord, ces cartes présentent un empire relié au monde grâce à de nombreux liens de communication. C’est un empire qui est compris comme un véritable résumé du monde. Les cartes affirment aussi la puissance symbolique d’un empire associé à la couleur rouge, couleur qui confère une certaine homogénéité à cette construction impériale et qui suggère ainsi une identité impériale. Cependant, si de nombreuses cartes construisent l’image d’un empire unifié, certaines laissent entrevoir la diversité des statuts des différents territoires qui en font partie. D’autres encore tentent de représenter, aux côtés de l’empire formel en rouge, un empire informel commercial, c’est-à-dire la partie invisible de l’iceberg. Enfin, la plupart des cartes de l’empire britannique utilisent la projection de Mercator. Quelle image de l’empire est transmise par cette projection et quelles sont les tentatives entreprises par les géographes du début du vingtième siècle pour changer cette image? L’analyse de ces variations autour des portraits cartographiques de l’empire britannique permettra ainsi de voir comment les cartes influencent la perception d’un espace dont les territoires sont éparpillés sur les cinq continents. Cette étude conduira enfin à considérer les cartes comme des « lieux de mémoire », comme des images qui contribuent à inscrire des territoires dans les mémoires.At the end of the nineteenth century, the maps of Africa underwent a complete revolution. The blanks that they used to show were covered in a few years by the colours of the European powers colonizing the continent. The aim of this article is to study the perception of that cartographic revolution by mapreaders at the time, including one of the most famous: Joseph Conrad. In his work Heart of Darkness, published in 1899, at the close of a century of geographical progress, he dealt both with the blanks on the maps of Africa and the European colours that replaced them. His fascination for maps led him to create a very powerful literary map of Africa where the rainbow colours of the Europeans are surrounded by darkness. That oxymoronic image enables him not only to symbolically reflect a consciousness of space but also of time, summarizing the proud certainties of the imperialism and nationalism of European powers with their colours and announcing the uncertainties and the darkness of the first half of the twentieth century. Ultimately, this article aims at showing that it is necessary to replace the literary work of Joseph Conrad in its historical context in order to understand how much his inspiration was linked both to his own experience and to a zeitgeist shared by his contemporaries. 

scholarly journals 'Of Red War and Little Else': European Responses to Indigenous Violence in the Tasman World, c.1769-1850s

2021 ◽  
Author(s):  
◽  
Samuel Gordon Gardiner Ritchie
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Indigenous Peoples ◽  
Gender Violence ◽  
Aboriginal Peoples ◽  
Temporal Isolation ◽  
Aboriginal Australia ◽  
Comparative Framework ◽  
Time Period ◽  
First Contact

<p>Europeans responded to indigenous internecine violence in a variety of ways in the Tasman world from first contact to the middle of the nineteenth century. Whereas extant historiography has previously addressed European responses to Māori and Aboriginal violence in geographic and temporal isolation, a comparison spanning time and space augments knowledge of these responses. Violence was not the only aspect of indigenous societies Europeans responded to, nor was indigenous violence the only justification for colonisation. However an investigation of the ways in which Europeans represented and responded to indigenous violence enables a better understanding of the processes of the colonisation of the Tasman world.  Indigenous internecine violence included cannibalism, infanticide, inter-gender violence, and inter-tribal warfare. Through a wide variety of European observations of this violence, this thesis identifies an initial conceptualisation of both New Zealand Māori and Aboriginal peoples of Australia as violent, cannibal ‘savages’. This conceptualisation was used to justify both colonisation and the related evangelical and colonial administrative attempts to suppress indigenous violence, as internecine violence was deemed ‘un-civilised’, unchristian, and unacceptable. Europeans attempted to suppress indigenous violence as it was seen both as an impediment to colonisation and, relatedly, as an inhibitor to the ‘redemption’ of indigenous peoples. While indigenous violence was seen as a barrier to colonisation, however, it was also simultaneously used to promote colonisation. Thus the attempted suppression of indigenous violence developed into the European mobilisation and utilisation of intra-Māori and intra-Aboriginal violence in the promotion of colonisation.  The development of European responses to indigenous internecine violence – from conceptualisations, through attempted suppression, to utilisation – is here examined in a Tasman-world context, drawing upon the interactions between these varied responses. In tracing this development within a comparative framework, both indigenous agency and a rejection of the historiographically persistent notions of a homogenous (and harmonious) Aboriginal Australia and a homogenous Māori people during this time period are key threads.</p>

scholarly journals Liability of Lessees and Assignees of Commercial Leases in New Zealand

2008 ◽  
Vol 39 (2) ◽  
pp. 193
Author(s):  
Emma Tait
Keyword(s):  
New Zealand ◽  
Historical Context ◽  
Property Law ◽  
The Law ◽  
Privity Of Contract

This article concerns the liability of lessees and assignees of commercial leases in New Zealand.  This is a complicated area of the law and, as an analysis of the historical context shows, one that was ripe for reform.  The Property Law Act project which culminated with the enactment of the Property Law Act 2007 provided an opportunity to undertake this reform.  However, this article shows that the resulting Act not only fails to correct existing deficiencies in this area but also places an increased burden on assignees that cannot be justified by reference to privity of contract or privity of estate.

scholarly journals 'Of Red War and Little Else': European Responses to Indigenous Violence in the Tasman World, c.1769-1850s

2021 ◽  
Author(s):  
◽  
Samuel Gordon Gardiner Ritchie
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Indigenous Peoples ◽  
Gender Violence ◽  
Aboriginal Peoples ◽  
Temporal Isolation ◽  
Aboriginal Australia ◽  
Comparative Framework ◽  
Time Period ◽  
First Contact

<p>Europeans responded to indigenous internecine violence in a variety of ways in the Tasman world from first contact to the middle of the nineteenth century. Whereas extant historiography has previously addressed European responses to Māori and Aboriginal violence in geographic and temporal isolation, a comparison spanning time and space augments knowledge of these responses. Violence was not the only aspect of indigenous societies Europeans responded to, nor was indigenous violence the only justification for colonisation. However an investigation of the ways in which Europeans represented and responded to indigenous violence enables a better understanding of the processes of the colonisation of the Tasman world.  Indigenous internecine violence included cannibalism, infanticide, inter-gender violence, and inter-tribal warfare. Through a wide variety of European observations of this violence, this thesis identifies an initial conceptualisation of both New Zealand Māori and Aboriginal peoples of Australia as violent, cannibal ‘savages’. This conceptualisation was used to justify both colonisation and the related evangelical and colonial administrative attempts to suppress indigenous violence, as internecine violence was deemed ‘un-civilised’, unchristian, and unacceptable. Europeans attempted to suppress indigenous violence as it was seen both as an impediment to colonisation and, relatedly, as an inhibitor to the ‘redemption’ of indigenous peoples. While indigenous violence was seen as a barrier to colonisation, however, it was also simultaneously used to promote colonisation. Thus the attempted suppression of indigenous violence developed into the European mobilisation and utilisation of intra-Māori and intra-Aboriginal violence in the promotion of colonisation.  The development of European responses to indigenous internecine violence – from conceptualisations, through attempted suppression, to utilisation – is here examined in a Tasman-world context, drawing upon the interactions between these varied responses. In tracing this development within a comparative framework, both indigenous agency and a rejection of the historiographically persistent notions of a homogenous (and harmonious) Aboriginal Australia and a homogenous Māori people during this time period are key threads.</p>

Cavell on Nietzsche: The Ascetic Ideal, Eternal Recurrence, and “Higher Self”

2019 ◽  
pp. 42-57
Author(s):  
Dan Shaw
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Friedrich Nietzsche ◽  
Human Spirit ◽  
Eternal Recurrence ◽  
Ascetic Ideal

Cavell saw Friedrich Nietzsche as a fellow devotee of Emerson, and adherent to the notion of self-overcoming. He admired several aspects of Nietzsche’s philosophy, including the notions of Eternal Recurrence, striving for the “Higher Self” and the Three Metamorphoses of the Human Spirit from Thus Spoke Zarathustra. He refers to the conjunction of Emerson and Nietzsche in numerous works, as talismans for some of his deepest insights into film. An interpretation of Jane Campion’s Ada in The Piano depicts this notion of a Higher Self faithfully,as a resolute and self-willed pioneer woman in mid-nineteenth century New Zealand.

PERLINDUNGAN HUKUM TERHADAP KARYA SENI BATIK YANG BELUM TERDAFTAR MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Heritage ◽  
Intellectual Property Rights ◽  
Rapid Growth ◽  
Economic Value ◽  
Legal Protection ◽  
Property Law ◽  
Market Demand ◽  
Work Of Art

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced

THE IDEA OF «COMMUNITY» IN THE GOVERNMENT CONCEPTS OF GALICIA OF THE XIX – BEGINNING OF THE XX CENTURY

2019 ◽  
pp. 15-21
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Nineteenth Century ◽  
19Th Century ◽  
Practical Significance ◽  
Distinctive Features ◽  
Legal Studies ◽  
Legal Principle ◽  
General Scientific ◽  
The Government ◽  
The Right ◽  
The 19Th Century

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.

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