The Separation of Law and Religion

2021 ◽  
pp. 96-118
Author(s):  
Stuart Banner
Keyword(s):  
19Th Century ◽  
Natural Law ◽  
Early Republic ◽  
Common Law ◽  
Important Change ◽  
The Public ◽  
The Common ◽  
The Public Sphere ◽  
The 19Th Century ◽  
The Relationship

This chapter discusses an important change in lawyers’ understanding of the relationship between the spheres of law and religion during the 19th century. In the early Republic these spheres substantially overlapped. Natural law was understood to have been created by God. Christianity was considered to be part of the common law. Americans may not have become any less religious in the 19th century, but they increasingly came to think of religion as part of one’s private, personal life, separate from the public sphere of law. As law and religion separated, the notion that natural law should play a role in the legal system came to seem more and more anomalous.

The Relationship between Disability Non-Discrimination Law and Quota Schemes

2019 ◽  
pp. 94-117
Author(s):  
Lisa Waddington
Keyword(s):  
Public Sector ◽  
Common Law ◽  
Civil Law ◽  
People With Disabilities ◽  
Public And Private ◽  
The Public ◽  
The Common ◽  
Public And Private Sector ◽  
The Relationship

This chapter explores the relationship between disability quota schemes and non-discrimination law in Europe. While at first sight they seem to sit uneasily beside each other, the chapter reveals how, in some instances, quota schemes can serve to facilitate compliance with non-discrimination legislation. At the same time, the chapter explores seeming incompatibilities between the two approaches and considers whether there are differences between common and civil law jurisdictions in this respect. Tentative conclusions suggest that there is a greater willingness to establish quota schemes through legislation in civil law jurisdictions compared to common law jurisdictions, and that quota schemes in civil law jurisdictions are more likely to provide for the imposition of a levy in the case that employers fail to meet their quota obligations through employing the required number of people with disabilities. There also seems to be some indication that there is greater awareness of the potential for conflict or tension, in various forms, between non-discrimination law and quota schemes in common law jurisdictions than in civil law jurisdictions. Finally, the two schemes operating in the common law states are only applicable to the public sector—whilst in civil law states quotas are generally applied to both public and private sector employers. This may indicate different perceptions regarding the role of public sector employers and the legitimacy of imposing quota requirements.

scholarly journals Were capitalists interested only in profit in the 19th century? An example of Jan Gottlieb Bloch

2017 ◽  
Vol 20 (7) ◽  
pp. 103-115
Author(s):  
Andrzej Pieczewski
Keyword(s):  
Nineteenth Century ◽  
Social Class ◽  
Public Sphere ◽  
19Th Century ◽  
Economic Transformation ◽  
Scientific Activity ◽  
The Public ◽  
The Social ◽  
The Public Sphere ◽  
The 19Th Century

The social class which was the spiritus movens of rapid economic transformation in the lands of the Kingdom of Poland in the nineteenth century was the bourgeoisie. In the public sphere, there is still a strong conviction among contemporary Poles about the moral defects of capitalists, for whom, according to the prevailing stereotypes, only profit was important. The author of this article, to contradict this claim, gives an example of the life and actions of Jan Gottlieb Bloch (1836–1902). The aim of the article is to present the broad economic, social and scientific activity of Bloch as a member of the bourgeoisie of the Kingdom of Poland. The author also points to the need for further research on the work of Jan Bloch, especially in the field of his economic and irenological writing.

scholarly journals Theorising Public and Private Spheres

2016 ◽  
Vol 15 (1) ◽  
pp. 60-73
Author(s):  
Remina Sima
Keyword(s):  
Public Space ◽  
19Th Century ◽  
Human Soul ◽  
Life Activity ◽  
Traditional Role ◽  
Public And Private ◽  
The Public ◽  
Form Part ◽  
The Public Sphere ◽  
The 19Th Century

Abstract The 19th century saw an expression of women’s ardent desire for freedom, emancipation and assertion in the public space. Women hardly managed to assert themselves at all in the public sphere, as any deviation from their traditional role was seen as unnatural. The human soul knows no gender distinctions, so we can say that women face the same desire for fulfillment as men do. Today, women are more and more encouraged to develop their skills by undertaking activities within the public space that are different from those that form part of traditional domestic chores. The woman of the 19th century felt the need to be useful to society, to make her contribution visible in a variety of domains. A woman does not have to become masculine to get power. If she is successful in any important job, this does not mean that she thinks like a man, but that she thinks like a woman. Women have broken through the walls that cut them off from public life, activity and ambition. There are no hindrances that can prevent women from taking their place in society.

Literary Societies in Russia in the First Half of the 19th Century: Approaches to an Interdisciplinary Description

2021 ◽  
Vol 1 ◽  
pp. 5-18
Author(s):  
A. S. Bodrova ◽  
◽  
Keyword(s):  
Public Sphere ◽  
19Th Century ◽  
Historical Context ◽  
Review Article ◽  
The Public ◽  
Institutional Approach ◽  
Literary Societies ◽  
History Of ◽  
The Public Sphere ◽  
The 19Th Century

The review article systematizes the principle achievements in the studies of the literary societies and associations in the Russian and foreign historiography of the 1990–2010s, and analyzes approaches to this material within the framework of various disciplines and methodologies. The author suggests an institutional approach as the basis for the development of a conceptual and fact-fortified language for describing the literary societies in Russia in the fi rst half of the 19th century. An institutional approach provides an opportunity to link the history of the literary associations with the broader socio-historical context and to describe the role played by the literary societies in the formation of the «public sphere» and civil society in the 19th-century Russia

scholarly journals Theater auf dem flachen Land. Bürgerliche Öffentlichkeit zwischen Provinz und Metropole

2021 ◽  
pp. 649-683
Author(s):  
Oliver Kühschelm ◽  
Gertrude Langer-Ostrawsky
Keyword(s):  
Public Sphere ◽  
19Th Century ◽  
Federal State ◽  
Middle Classes ◽  
The Public ◽  
The World ◽  
Cultural Sphere ◽  
The Public Sphere ◽  
The 19Th Century

Theatre in the Countryside. The Middle Classes and the Public Sphere between the Provinces and the Metropolis. The Archduchy of Austria below the Enns is particularly suited to tracing the development of a provincial theatrical landscape and investigating its relation to the metropolis, since in the crownland’s centre lay Vienna, one of the largest cities in the world around 1900. The article therefore ex- amines the formation of a bourgeois cultural sphere in those parts of Lower Austria that were then known as the “flat countryside” and which roughly correspond to today’s federal state. During the 19th century, there emerged a theatrical landscape whose principal features proved to be long-lasting and which nevertheless remained a precarious phenomenon. This also applies if we discuss theatre as an expression of the bourgeois public sphere – in both its sense as a theatre business sustained by the middle classes and as the promise to enable participation by a broad public beyond the boundaries of classes and estates.

scholarly journals With no right to have rights. Conflict analysis and the common rights of the townsfolk of Rymanów in the latter half of the 19th century

2021 ◽  
Vol 18 (1) ◽  
pp. 20-38
Author(s):  
Joachim Popek ◽  
Keyword(s):  
Public Administration ◽  
19Th Century ◽  
The Other ◽  
National Commission ◽  
Official Document ◽  
The Public ◽  
Other Hand ◽  
The Common ◽  
The 19Th Century ◽  
The Town

This article concentrates on an inquest held by the local commission in Sanok into the common rights claimed by the inhabitants of the town of Rymanów in the latter half of the 19th century. The negotiations, which commenced in 1859, sometimes took a heated turn. They were attended by much conflict and misunderstanding, equally between the manor and the town as among the townsfolk themselves. Conclusions drawn from the analysis of the archive source provided the basis on which to evaluate the activities of each of the parties – the town’s agents and the landlords – and, interestingly, those of the commissioners and other officials in the public administration, whose decisions exhibited bias. The townsfolk began the negotiation from a position of certainty and conviction of the legal force of Prince Czartoryski’s privilege granting the disputed common rights to them. The manor’s agent, on the other hand, took a bold position, which he consistently maintained. He disputed the authenticity of Czartoryski’s grant and even the fact that the Prince had ever held the manor. This approach ultimately proved successful. Attention is also drawn to the role played by local commissioners and the officials in the National Commission in Lviv, the latter making the most important decisions. The first phase demonstrates the commissioners’ influence on the original outcome. The rationale given for the second decision, on the other hand, shows the arbitrariness with which the Lviv Commission made its ruling, based on just one official document. Analysis of the proceedings highlights a more general trend prevalent in Galicia, first described in the example of Rymanów. This is a case in which two consecutive inquests in the same matter ultimately ended in a negative decision. In other words, the townsfolk’s claims were dismissed, and they were denied any common rights eligible for buyout or regulation.

The Common Law

2021 ◽  
pp. 46-68
Author(s):  
Stuart Banner
Keyword(s):  
19Th Century ◽  
Natural Law ◽  
Common Law ◽  
Late 19Th Century ◽  
The Common ◽  
The Law

This chapter discusses 18th- and 19th-century lawyers’ understanding of common law, the law found in court opinions. Today lawyers think of the common law as consisting of the opinions themselves, and they think of judges as making the law when they write the opinions. Before the late 19th century, by contrast, lawyers believed that the common law had an existence independent of court opinions, and that the opinions were merely evidence of the law rather than the law itself. Common law was understood in large part as natural law applied to specific situations. It was considered to be something found, not made, by judges.

scholarly journals Dialogues about the Rights of Nobility Assembly in the Context of the Electoral Conflicts in Russia of the First Quarter of the 19th Century

2021 ◽  
pp. 59-67
Author(s):  
D. V. Timofeev ◽  
◽  
Keyword(s):  
Public Sphere ◽  
19Th Century ◽  
Local Administration ◽  
Conflicts Of Interests ◽  
Historical Sources ◽  
Legal Norms ◽  
The Public ◽  
The Public Sphere ◽  
The 19Th Century ◽  
General Opinion

The article presents the results of a research how, in the first quarter of the 19th century, nobility assemblies expressed their disagreement with the governor’s decision not to confirm the results of vote or to discharge the elected candidates for the positions of noble leaders, employees of local administration and court. Historical sources for the research are individual complaints and collective applications of nobility assemblies, reports of governors, and the orders of the Minister of Internal Affairs on the question of elections. Attention is paid to the language features of the texts and the arguments used by the representatives of nobility assemblies regarding their right to challenge the governor’s decisions, even if their position contradicted the operating legal norms. As a result, several interconnected rational and emotional arguments were revealed: the arguments of “honour”, “service” and “general opinion”. The author states that the electoral conflicts in Russia of the last third of the 18th and the first half of the 19th centuries, regardless of whether they were the conflicts of values or the conflicts of interests, were a factor of the emergence of elements of the public sphere and proto-institutes of civil society in Russia.

Ideologies in Law Time: The Oxford History of the Laws of England

2013 ◽  
Vol 38 (03) ◽  
pp. 746-764
Author(s):  
Janet McLean
Keyword(s):  
Public Sphere ◽  
Review Essay ◽  
Common Law ◽  
Point Of View ◽  
Internal Point ◽  
The Public ◽  
History Of ◽  
The Common ◽  
The Law ◽  
The Public Sphere

In the introduction to the newOxford History of the Laws of England 1820–1914, the authors suggest that their task is to tell the “history of the law itself.” This review essay examines what can be learned from a history told from law's internal point of view rather than through the perspectives of other disciplines, such as economics or philosophy. It considers whether and how the common law responded to industrialization and laissez-faire ideology, the influence of salient philosophical movements—such as utilitarianism—on statutory change, and how all history is an exercise in ideology. In considering the public sphere, it suggests that this work should form the inspiration for further inquiry.

scholarly journals PHILOSOPHERS IN THE PUBLIC SPHERE OF THE CITIES - THE BIRTH OF THE NATIONAL PHILOSOPHIES FROM THE SPIRIT OF THE EDITORIAL OFFICES AND SALOONS IN THE 19TH CENTURY / FILOSOFAI VIEŠOJOJE MIESTŲ ERDVĖJE: NACIONALINIŲ FILOSOFIJŲ ATSIRADIMAS REDAKTORIŲ BIURŲ IR SALONŲ ATMOSFEROJE XIX AMŽIUJE

2011 ◽  
Vol 4 (1) ◽  
pp. 7-20
Author(s):  
Béla Mester
Keyword(s):  
Public Sphere ◽  
19Th Century ◽  
Hungarian Academy ◽  
The Public ◽  
New Public ◽  
The Press ◽  
Hungarian Case ◽  
The Public Sphere ◽  
Academy Of Sciences ◽  
The 19Th Century

The aim of our paper is to offer an analysis of the phenomenon of the national philosophy of the 19th century. We will analyse this concept as a consequence of the emergence of the public sphere of the city in the function of the cultural capital of a national culture and the centre of the press. Our instance is the development of the philosophical public sphere of the double cities on the opposite banks of the Danube, Buda and Pest (today Budapest). This public sphere was organised in native language by the newly established organisations of the literature, humanities and sciences, such as different societies of writers, with a distinguished role of the Hungarian Academy of Sciences (HAS, since 1825). By our hypothesis, it is not an accident phenomenon that the topic of the national philosophy has emerged within the framework of this new public sphere. Expressed more clearly, the concept of the national philosophy depends on a special grade of the development of the public sphere of the centre of the national press – at least in the Hungarian case. Santrauka Straipsnio tikslas – pateikti XIX a. nacionalinės filosofijos fenomeno analizę. Šis konceptas čia analizuojamas kaip viešosios miesto sferos iškilimo rezultatas, neatsiejamas nuo nacionalinės kultūros ir spaudos centro kultūrinio kapitalo. Tiriama dvejopų miestų filosofinės viešosios sferos raida kaip priešprieša Danubės, Budos ir Pešto (šiandien Budapešto) bankams. Ši viešoji sfera buvo organizuojama gimtą ja kalba naujai įsteigtų literatūros, humanitarinų ir kitų mokslų organizacijų, tokių kaip skirtingos rašytojų bendruomenės, ypatingą vaidmenį atliekant Vengrijos mokslų akademijai (nuo 1825 m.). Pagal čia pateikiamą hipotezę neatsitiktinai nacionalinės filosofijos tema iškilo naujoje viešojoje sferoje. Tiksliau tariant, nacionalinės filosofijos konceptas priklauso nuo atitinkamai besiplėtojančios nacionalinės spaudos centro viešosios sferos – bent jau Vengrijos atveju.

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