scholarly journals HISTORY, LAW AND FREEDOM: F. W. MAITLAND IN CONTEXT

2017 ◽  
Vol 16 (1) ◽  
pp. 127-154
Author(s):  
JAMES KIRBY
Keyword(s):  
Crucial Role ◽  
Intellectual Development ◽  
The State ◽  
Political Pluralism ◽  
Historical Scholarship ◽  
Parliamentary Sovereignty ◽  
History Of ◽  
English Law ◽  
Political Essays ◽  
The Individual

This article considers the intellectual development of the historian and jurist F. W. Maitland (1850–1906). Its focus is the development of his ideas about the importance of intermediate groups between the individual and the state. Maitland expounded these ideas in a dazzling series of late essays which became the wellspring of the tradition known as “political pluralism.” Yet, as this article shows, the same ideas also played a crucial role in Maitland's great works of legal and historical scholarship, including The History of English Law. If this is appreciated, then the liberal, Germanist and constitutionalist basis of Maitland's thought becomes clear. So too does Maitland's position as a “new” liberal thinker, committed to freedom and constitutionalism, but critical of individualism and parliamentary sovereignty. In short, it is only if Maitland's political essays are read alongside his works of history and law that either can really be understood.

17. Remedies and limitation

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Committee Report ◽  
History Of ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
Developing Area ◽  
The Individual ◽  
The Right

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. The Calcutt Committee Report on Privacy and Related Matters (1990) defines privacy as ‘the right of the individual to be protected against intrusion into his personal life or affairs, or those of his family, by direct physical means or by publication of information’. While a number of different torts indirectly address wrongful intrusion into another’s privacy, English law has not directly protected privacy in its own right. It was the Human Rights Act 1998 that has made it possible to use breach of confidence in regulating the publication of private information. This chapter looks at the history of the protection of privacy in English law, discusses the current legal approaches to privacy, examines the impact of the Human Rights Act 1998 on this developing area of law, and evaluates English law on privacy in an international context.

The Decline and Fall of the True Christian Church: The English Deist View

2008 ◽  
Vol 60 (2) ◽  
pp. 97-110 ◽  
Author(s):  
Hans J. Hillerbrand
Keyword(s):  
The State ◽  
Entire System ◽  
Christian Church ◽  
History Of Christianity ◽  
Christian Religion ◽  
The Past ◽  
Starting Point ◽  
History Of ◽  
The Individual

AbstractChristian Deism broke radically with the past and had its starting point in the notion that Christianity, as it was known, was perverted and no longer represented in the true and apostolic faith. Many of the titles of most of the Deist's books expressed this dismay over the state of the Christian religion, the need for re-interpretation of the nature of the true gospel and for reform. While most books reflected on the matter, the individual perspectives differed on the questions: Whom to blame for this fall? How to date it? What was the correct issue? The article argues that it was not the contention of the English Deists that some churches had erred in some points, but that all the churches had erred in all points: The entire system of the Christian religion was perverted. Their view of the history of Christianity was intimately connected with their view of the person and significance of Jesus.

scholarly journals Commons and the nature of modernity: towards a cosmopolitical view on craft guilds

2021 ◽  
Author(s):  
Bert De Munck
Keyword(s):  
Early Modern ◽  
Modern Science ◽  
The State ◽  
Allocation Of Resources ◽  
History Of ◽  
The Commons ◽  
The Common ◽  
The Individual ◽  
Nature And Society ◽  
Craft Guilds

AbstractThis paper argues that historical research on late medieval and early modern craft guilds fails to escape teleological and anachronistic views, including when they are addressed as commons or ‘institutions for collective action’. These present-day conceptual lenses do not only create idealized views on guilds, but also of the contexts in which they operated, especially the state and the market. This is especially the case with neo-institutional views on the commons, which fall back on a transhistorical rational actor, who can choose between three options for the allocation of resources and surpluses, namely the state, the market and the common. The paper shows that guilds were fundamentally entangled with both the state and the market and that their ethic implied a less utilitarian and instrumental attitude towards natural resources. The consequence of this is that the history of the guilds offers different lessons to present-day commoners than those implied by present-day research. With an eye at launching a reflection on that, I argue in favour of a cosmopolitical perspective, which invites to take fundamentally different worldviews seriously. This includes questioning our own conceptual and analytical abstractions like the state, the market and the individual, up to and including the very distinction between nature and society or nature and politics, which are at the very basis of modern science itself.

scholarly journals Prevalent Diagnosis of Orofacial Fissures in a Reference Service with Resident Cases in the State of Mato Grosso do Sul

2011 ◽  
Vol 15 (02) ◽  
pp. 133-141 ◽  
Author(s):  
Paulo Roberto Haidamus de Oliveira Bastos ◽  
Elenir Rose Jardim Cury Pontes ◽  
Danielle Bogo ◽  
Mirela Gardenal
Keyword(s):  
The State ◽  
Observation Study ◽  
Mato Grosso ◽  
White Ethnicity ◽  
Rehabilitation Hospital ◽  
History Of ◽  
Reference Service ◽  
The Individual ◽  
Mato Grosso Do Sul

Introduction: The orofacial fissures are among the most frequent congenital malformations and show a clinical diversity, causing a series of severe complications permanently observed in the individual through his/her lifetime. Objective: To estimate the prevalent types of congenital orofacial fissures diagnosed in a reference service with resident cases in the State of Mato Grosso do Sul from January 2003 to December 2007. Method: An observation study of transverse incision was performed, whose data was obtained from the records at Rehabilitation Hospital of Craniofacial Anomalies (HRAC/USP/SP). To calculate the prevalence, live-born data (SINASC) was used. Results: In brief, there were 271 diagnosed cases in the reference service, with the unilateral incisive trans-foramen fissures prevailing for the left side, which mostly attacked the male gender and white ethnicity. The mother's average age was 25 and her school education was from 9 to 11 years, with a history of pregnancy complications and without prior fissures. At SINASC, 98 cases of fissure were noticed for the same period, corresponding to a prevalence of 0.49 per 1,000 births. Conclusion: In the present study, it was possible to estimate the prevalence of fissure by the data from both the Hospital and SINASC, but future studies regarding the orofacial fissures epidemiology in the State of Mato Grosso do Sul and the Midwestern Region, using uniform terminology for classification purposes, are necessary to compare and follow up with the seasonal evolution of prevalence.

16. Privacy and misuse of private information

2020 ◽  
pp. 387-408
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Committee Report ◽  
History Of ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
Developing Area ◽  
The Individual ◽  
The Right

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. The Calcutt Committee Report on Privacy and Related Matters (1990) defined privacy as ‘the right of the individual to be protected against intrusion into his personal life or affairs, or those of his family, by direct physical means or by publication of information’. While a number of different torts indirectly address wrongful intrusion into another’s privacy, English law has not directly protected privacy in its own right. It was the Human Rights Act 1998 that has made it possible to use breach of confidence in regulating the publication of private information. This chapter looks at the history of the protection of privacy in English law, discusses the current legal approaches to privacy, examines the impact of the Human Rights Act 1998 on this developing area of law, and evaluates English law on privacy in an international context.

Conclusion

2019 ◽  
pp. 217-224
Author(s):  
Jeremy Prestholdt
Keyword(s):  
Political Party ◽  
Social Roles ◽  
The State ◽  
Half Century ◽  
The Past ◽  
Past Half Century ◽  
History Of ◽  
Per Se ◽  
The Individual ◽  
Past Half

Why do particular figures appeal to diverse audiences at specific historical moments? What social roles do icons play in an interfaced world? Tracing the history of global icons over the past half-century demonstrates that the answers to these questions lie not only in the form and connotations of icons, but also in their significant malleability across space and time. Global icons crystallize thought, channel ideas, foster real or imagined linkages, and focus communal energies. They represent imagination beyond the state, political party, or movement. In short, audiences transform iconic figures into the dynamic products of the transnational imagination and collective interpretation. Seemingly timeless, iconic figures symbolize transcendence and communal ideals while remaining malleable. Thus, attraction to icons is not the idolization of the individual per se. Rather, it is the idolization of possibility, of the visions and values that audiences imagine iconic figures to represent.

Tournaments of the Michigan State Band Association: 1877–1884

2017 ◽  
Vol 40 (1) ◽  
pp. 34-57
Author(s):  
Phillip M. Hash
Keyword(s):  
Equal Opportunity ◽  
The State ◽  
Local Culture ◽  
History Of ◽  
State Band ◽  
The Individual ◽  
New Instruments

This study examined the history of band tournaments governed by the Michigan State Band Association (MSBA), beginning with the first competition in 1877 and ending with the disbandment of the Association and tournaments in 1884. The research focused specifically on the (a) organization, rules, and procedures of the tournaments; (b) details surrounding the individual competitions held throughout the state; and (c) influence of the tournaments on local culture, participating ensembles, and future band activities in Michigan. The first Michigan State Band Tournament met in Port Huron in June 1877. Festivities included parades, massed performances, and competitions for prizes consisting of silver cups, cash, and new instruments. To ensure equal opportunity among the ensembles, bands were divided into classifications based at first on size and instrumentation and then on ability. Officials added a solo cornet contest in 1878 and expanded this event to other instruments the following year. In 1879, bandmasters met at Lansing to organize the MSBA to standardize rules, select the location of the annual competition, and ensure fairness among participants. The Association and tournaments ended six years later, probably because of the failure of the competitions to generate a profit for the sponsors.

scholarly journals Conflict between an individual and the state in the concept of Max Stirner

2021 ◽  
pp. 99-110
Author(s):  
Igor' Olegovich Nadtochii ◽  
Sergei Vyacheslavovich Nikishin
Keyword(s):  
The State ◽  
Practical Implementation ◽  
Value Judgments ◽  
The World ◽  
German Philosopher ◽  
History Of ◽  
Max Stirner ◽  
The One ◽  
The Individual ◽  
The Relationship

The subject of this research is the views of the German classical philosopher Max Stirner on the individual, society, and the state reflected in his flagship work “The Ego and Its Own”. The object of this research is the anarchism as a unique trend in the world political and philosophical thought. On the one hand, the author emphasize the determinedness of the ideas of German philosopher by the historical atmosphere of his time, while on the other – view anarchism as the doctrine with the equally long history in the world thought and practical implementation of the anarchist concepts. The focus of M. Stirner's ideas lies in the conflict between an individual and the state. The scientific novelty of this article consists in the analysis of the essential conceptual conflict, immanent to the history of mankind, which is the foundation for M. Stirner’s original concept of the relationship between an individual, the state, and surrounding world. The trueness of being in the concept of German philosopher is determined by the embodiment of the anthropocentric, or according to M. Stirner, the “egoistic” ontological ideal. The authors' special contribution consists in the analysis of views of M. Stirner, as well as in tracing correlation between the  anarchist concepts and realization of the ideas of anarchism in one or another form. The authors show no reference to any value judgments related to this ideological phenomenon.

scholarly journals The Illiberal Challenge in the EU: Exploring the Parallel with Illiberal Minorities and the Example of Hungary

2020 ◽  
pp. 1-34
Author(s):  
Zsolt Körtvélyesi
Keyword(s):  
European Union ◽  
The State ◽  
The European Union ◽  
History Of ◽  
Exit Option ◽  
The Individual ◽  
The Eu

The long history of liberal multiculturalist theories grappling with the challenge posed by illiberal minorities – Parallel with the illiberal challenge in the European Union – Differences between the state/minority focus, the cultural/political considerations, the individual/systemic violations – Why these do not undermine the parallel – Propositions from multiculturalist theories to draw the line between toleration and legitimate interference – Severity, internal consensus, the exit option, and historical agreements – Forms of engagement to strengthen coherence, fairness, and solidarity

Introduction: British nuclear culture

2012 ◽  
Vol 45 (4) ◽  
pp. 479-493 ◽  
Author(s):  
JONATHAN HOGG ◽  
CHRISTOPH LAUCHT
Keyword(s):  
The State ◽  
Special Issue ◽  
Nuclear Science ◽  
The Third ◽  
Fictional Narratives ◽  
History Of ◽  
Individual Citizen ◽  
Nuclear Culture ◽  
The Individual ◽  
The Relationship

AbstractIn the extended introduction to this special issue on British nuclear culture, the guest editors outline the main historiographical and conceptual contours of British nuclear scholarship, and explore whether we can begin to define ‘British nuclear culture’ before introducing the contributors to this special issue, whose work we have organized into three broad areas. The first part is devoted to three articles that offer explicit and extended attempts to reconceptualize British nuclear culture, illuminating the complex links between nuclear science, the state and the individual citizen. The second part of this issue is devoted to three articles that concentrate on aspects of the history of nuclear science – focusing particularly on intellectuals, nuclear scientists and enthusiasts – alongside analysis of the popularization of nuclear science as well as the relationship between the state and nuclear science and its practitioners. In the third part, four articles examine the diverse ways in which ‘official’ narratives of the atomic age can be questioned, disrupted or enhanced by analysing the significance of journalistic, anti-nuclear and fictional narratives to the development of nuclear culture in Britain.

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