’Without the law’: Courts of local and special jurisdiction in nineteenth century England

1984 ◽  
Vol 5 (3) ◽  
pp. 130-149 ◽  
Author(s):  
H.W. Arthurs
Keyword(s):  
Nineteenth Century ◽  
The Law ◽  
Law Courts

Confessions of the Unfriendly Spleen

2018 ◽  
pp. 71-100
Author(s):  
Sudipta Sen
Keyword(s):  
Nineteenth Century ◽  
Tropical Medicine ◽  
Late Nineteenth Century ◽  
Colonial India ◽  
Late Nineteenth ◽  
The Law ◽  
Law Courts ◽  
Physical Weakness

This essay traces the genealogy of humors and diseases of the spleen that originated in England and became a common subject of study in imperial and tropical medicine, reinforcing deep-seated notions about the physical weakness of Indians and the unusual pathology of native bodies and organs. It explores how forensic notions of a weaker and vulnerable Indian body emerged in colonial India through theories of miasma and the practice of dissection, and how such ideas contributed to the notorious 'spleen theory' defense in the law courts of the late nineteenth-century Raj, where Europeans charged with assault and murder of Indian servants were frequently acquitted on the grounds of their distended spleens being ruptured during routine acts of physical correction.

The New Private Law and Intellectual Property

2020 ◽  
pp. 408-426
Author(s):  
Molly Shaffer Van Houweling
Keyword(s):  
Intellectual Property ◽  
Common Law ◽  
Private Law ◽  
Concepts And Categories ◽  
The Common ◽  
The Law ◽  
Law Courts ◽  
Legal Concepts

This chapter studies intellectual property (IP). A hallmark of the New Private Law (NPL) is attentiveness to and appreciation of legal concepts and categories, including the traditional categories of the common law. These categories can sometimes usefully be deployed outside of the traditional common law, to characterize, conceptualize, and critique other bodies of law. For scholars interested in IP, for example, common law categories can be used to describe patent, copyright, trademark, and other fields of IP as more or less “property-like” or “tort-like.” Thischapter investigates both the property- and tort-like features of IP to understand the circumstances under which one set of features tends to dominate and why. It surveys several doctrines within the law of copyright that demonstrate how courts move along the property/tort continuum depending on the nature of the copyrighted work at issue—including, in particular, how well the work’s protected contours are defined. This conceptual navigation is familiar, echoing how common law courts have moved along the property/tort continuum to address disputes over distinctive types of tangible resources.

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
Keyword(s):  
Nineteenth Century ◽  
Local Authorities ◽  
Civil Registration ◽  
Women And Children ◽  
The Law

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.

"To Agree Would be to Commit an Act of Artistic Suicide...": The Revision of the Design for the Law Courts

1983 ◽  
Vol 42 (2) ◽  
pp. 168-188
Author(s):  
David B. Brownlee
Keyword(s):  
Gothic Revival ◽  
Whole Process ◽  
Political Controversy ◽  
Royal Courts ◽  
The Law ◽  
Law Courts

The 16 years of labor that George Edmund Street devoted to the Royal Courts of Justice were filled with artistic and political controversy. Amidst that turmoil Street created a design whose pragmatism and visual logic marked the end of the intensely intellectual, High Victorian phase of the Gothic Revival. "Without it," Robert Kerr concluded in 1884, "the whole process of the Revival had been quite incomplete."

Married Women Bankrupts in the Age of Coverture

2009 ◽  
Vol 34 (02) ◽  
pp. 265-299 ◽  
Author(s):  
Karen Pearlston
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Married Woman ◽  
Married Women ◽  
Separate Property ◽  
The Law

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.

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