Negligence

2019 ◽  
pp. 427-450
Author(s):  
John Baker
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
General Principle ◽  
Duty Of Care ◽  
Reasonable Care ◽  
History Of

This chapter traces the history of negligence in tort. The role of fault in the action of trespass vi et armis is somewhat speculative, since the relevant facts were hidden from courts by the plea of Not Guilty. But the concept of inevitable accident seems to be predicated on negligence. Negligence is more visible in actions on the case, though the earliest examples were contractual in essence. The first signs of a distinct tort of negligence, where there was no contract or custom imposing liability, appear in the seventeenth century, and in the next century there emerges a general principle that everyone must take reasonable care not to injure his neighbour. The duty of care was gradually enlarged between the eighteenth century and the present, especially with the removal of obstacles connected with the principle volenti non fit injuria and with the old notion that trespass would not lie for words.

Muscovy and the Tatars

2020 ◽  
Vol 54 (4) ◽  
pp. 403-431
Author(s):  
Bulat R. Rakhimzianov
Keyword(s):  
Seventeenth Century ◽  
Social Institutions ◽  
The Political ◽  
East European ◽  
Central Eurasia ◽  
History Of ◽  
Mutual Relations ◽  
Forest Line ◽  
The Relationship

Abstract This article explores relations between Muscovy and the so-called Later Golden Horde successor states that existed during the fifteenth and sixteenth centuries on the territory of Desht-i Qipchaq (the Qipchaq Steppe, a part of the East European steppe bounded roughly by the Oskol and Tobol rivers, the steppe-forest line, and the Caspian and Aral Seas). As a part of, and later a successor to, the Juchid ulus (also known as the Golden Horde), Muscovy adopted a number of its political and social institutions. The most crucial events in the almost six-century-long history of relations between Muscovy and the Tatars (13–18th centuries) were the Mongol invasion of the Northern, Eastern and parts of the Southern Rus’ principalities between 1237 and 1241, and the Muscovite annexation of the Kazan and Astrakhan khanates between 1552 and 1556. According to the model proposed here, the Tatars began as the dominant partner in these mutual relations; however, from the beginning of the seventeenth century this role was gradually inverted. Indicators of a change in the relationship between the Muscovite grand principality and the Golden Horde can be found in the diplomatic contacts between Muscovy and the Tatar khanates. The main goal of the article is to reveal the changing position of Muscovy within the system of the Later Golden Horde successor states. An additional goal is to revisit the role of the Tatar khanates in the political history of Central Eurasia in the fifteenth and sixteenth centuries.

Common Law Constitutionalism

2018 ◽  
Author(s):  
William E. Nelson
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
Common Law ◽  
Legal Profession ◽  
Legal Institutions ◽  
Law System ◽  
The Common ◽  
Common Law System

This chapter shows how common law pleading, the use of common law vocabulary, and substantive common law rules lay at the foundation of every colony’s law by the middle of the eighteenth century. There is some explanation of how this common law system functioned in practice. The chapter then discusses why colonials looked upon the common law as a repository of liberty. It also discusses in detail the development of the legal profession individually in each of the thirteen colonies. Finally, the chapter ends with a discussion of the role of legislation. It shows that, although legislation had played an important role in the development of law and legal institutions in the seventeenth century, eighteenth-century Americans were suspicious of legislation, with the result that the output of pre-Revolutionary legislatures was minimal.

Tom Jones

2008 ◽  
Author(s):  
Henry Fielding
Keyword(s):  
Eighteenth Century ◽  
Public Sphere ◽  
The Novel ◽  
Fourth Edition ◽  
Tom Jones ◽  
History Of

Fielding's comic masterpiece of 1749 was immediately attacked as `A motley history of bastardism, fornication, and adultery'. Indeed, his populous novel overflows with a marvellous assortment of prudes, whores, libertines, bumpkins, misanthropes, hypocrites, scoundrels, virgins, and all too fallible humanitarians. At the centre of one of the most ingenious plots in English fiction stands a hero whose actions were, in 1749, as shocking as they are funny today. Expelled from Mr Allworthy's country estate for his wild temper and sexual conquests, the good-hearted foundling Tom Jones loses his money, joins the army, and pursues his beloved across Britain to London, where he becomes a kept lover and confronts the possibility of incest. Tom Jones is rightly regarded as Fielding's greatest work, and one of the first and most influential of English novels. This carefully modernized edition is based on Fielding's emended fourth edition text and offers the most thorough notes, maps, and bibliography. The introduction uses the latest scholarship to examine how Tom Jones exemplifies the role of the novel in the emerging eighteenth-century public sphere.

scholarly journals The Historical Role of Leviticus 25 in Naturalizing Anti-Black Racism

Religions ◽  
2021 ◽  
Vol 12 (8) ◽  
pp. 570
Author(s):  
James W. Watts
Keyword(s):  
Seventeenth Century ◽  
Early Modern ◽  
High Probability ◽  
Middle Eastern ◽  
American Colonies ◽  
History Of ◽  
Historical Role ◽  
Permanent Property

Leviticus 25:39–46 describes a two-tier model of slavery that distinguishes Israelites from foreign slaves. It requires that Israelites be indentured only temporarily while foreigners can be enslaved as chattel (permanent property). This model resembles the distinction between White indentured slaves and Black chattel slaves in the American colonies. However, the biblical influence on these early modern practices has been obscured by the rarity of citations of Lev. 25:39–46 in sixteenth- and seventeenth-century sources about slavery. This article reviews the history of slavery from ancient Middle Eastern antiquity through the seventeenth century to show the unique degree to which early modern institutions resembled the biblical model. It then exposes widespread knowledge of Leviticus 25 in early modern political and economic debates. Demonstrating this awareness shows with high probability that colonial cultures presupposed the two-tier model of slavery in Leviticus 25:39–46 to naturalize and justify their different treatment of White indentured slaves and Black chattel slaves.

Geopolitics of Comparison: World Literature Avant la Lettre

2021 ◽  
Vol 73 (3) ◽  
pp. 255-269
Author(s):  
Waïl S. Hassan
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Comparative Literature ◽  
World Literature ◽  
Medieval Period ◽  
Early Nineteenth Century ◽  
Late Eighteenth Century ◽  
Late Eighteenth ◽  
History Of

Abstract According to a well-known narrative, the concept of Weltliteratur and its academic correlative, the discipline of comparative literature, originated in Germany and France in the early nineteenth century, influenced by the spread of scientism and nationalism. But there is another genesis story that begins in the late eighteenth century in Spain and Italy, countries with histories entangled with the Arab presence in Europe during the medieval period. Emphasizing the role of Arabic in the formation of European literatures, Juan Andrés wrote the first comparative history of “all literature,” before the concepts of Weltliteratur and comparative literature gained currency. The divergence of the two genesis stories is the result of competing geopolitical interests, which determine which literatures enter into the sphere of comparison, on what terms, within which paradigms, and under what ideological and discursive conditions.

A ‘milky mass’ and ‘uniform material’: white marble in eighteenth-century French discourses on sculpture and geology

2021 ◽  
Vol 30 (2) ◽  
pp. 215-225
Author(s):  
Marthe Kretzschmar
Keyword(s):  
Eighteenth Century ◽  
Grain Size ◽  
Denis Diderot ◽  
Art Theory ◽  
White Marble ◽  
The Enlightenment ◽  
The Earth ◽  
History Of ◽  
Interdisciplinary Network

Knowledge of the materiality of stone during the Enlightenment expanded following the exploration of mineralogical structure, to alter ideas about taxonomy and challenge the role of rocks in the history of the earth. Close studies of the material of marble sculpture generated expertise on grain size, surface varieties and stone deposits. This mode of reception became intertwined with contemporary controversies about the age of the earth. This article focuses on both French sculpture and geological discourses of the eighteenth century to reveal an international and interdisciplinary network centring on protagonists such as Denis Diderot, Paul-Henri Thiry d’Holbach and Étienne-Maurice Falconet; through these figures, debates can be connected concerning both geology and art theory. Within these contexts, the article discusses the translation processes between these artistic and geological interests.

Respectable Mistresses

2018 ◽  
Author(s):  
Nicole von Germeten
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
Middle Class ◽  
Mexico City ◽  
Sex Work ◽  
Legal History ◽  
Gender And Sexuality ◽  
Public Order ◽  
Sexually Active ◽  
History Of

This chapter begins with a quote from the celebrated seventeenth-century Mexico City Poet, Sor Juana Ines de la Cruz, highlighting the hypocritical intersection between gender and sexuality in this era. The focus here is on the legal history of eighteenth-century middle class women who retained a degree of public honor as they took part in sex work inside their homes.The confused eighteenth-century reactions by church, state, and neighbors to sexually active women often derived from increased opportunities for permitted or at least tolerated socializing between the sexes. These new social spaces challenged official ideas of public order and permissible gender interaction.

Early oligochaete science, from Aristotle to Francesco Redi

2011 ◽  
Vol 38 (1) ◽  
pp. 136-163 ◽  
Author(s):  
Emilia Rota
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
Laboratory Tests ◽  
Habitat Requirements ◽  
Field Observations ◽  
Internal Anatomy ◽  
Internal Organs ◽  
Late Renaissance ◽  
Parasitic Worms

The paper reviews knowledge on earthworms from early classical times to the end of the seventeenth century. The Aristotelian view that these “imperfect” animals developed spontaneously from mud and lacked internal organs except the gut was not challenged until the late Renaissance but, by the end of the 1600s, it was overthrown. Aldrovandi and Mouffet presented field observations of sexual reproduction and specific habitat requirements. Willis demonstrated the complex internal anatomy of an earthworm. Finally Redi, based on numberless dissections, showed the existence of variations on that basic anatomical plan, which anyway remained distinct from that of parasitic worms. Through a series of controlled laboratory tests, Redi also proved that earthworms have a physiology of their own and are most sensible to water loss. In those same years, Swammerdam investigated earthworm cocoons nursing them in his room, and Tyson discovered earthworms’ hermaphroditism. Two significant interpretations of earthworm's locomotion, by Fabrici ab Aquapendente and Borelli, also belong to this period, but were both short-lived in their influence. An awareness of the ecological role of earthworms in pedogenesis and soil fertility did not emerge until the late eighteenth century.

The Conditions in Jewish Society in the Polish-Lithuanian Commonwealth in the Middle Decades of the Eighteenth Century

1996 ◽  
pp. 45-50
Author(s):  
Gershon David Hundert
Keyword(s):  
Eighteenth Century ◽  
Social History ◽  
Western Europe ◽  
Generational Conflict ◽  
East European ◽  
Explanatory Factors ◽  
Jewish Society ◽  
The Social ◽  
History Of

This chapter investigates the conditions in Jewish society in the Polish–Lithuanian Commonwealth in the middle decades of the eighteenth century. The place of hasidism in the religious history of the eighteenth century ought to be reconsidered not only in light of the questions about the schismatic groups in the Orthodox Church raised by Ysander, but also in light of the general revivalist currents in western Europe. The social historian cannot explain hasidism, which belongs to the context of the development of the east European religious mentality in the eighteenth century. Social history does, however, point to some significant questions that ought to be explored further. One of these is the role of youth and generational conflict in the beginnings of the movement, and not only in its beginnings. A realistic recovery of the situation of the Polish-Lithuanian Jewry in the eighteenth century shows that neither the economic nor the security conditions were such as to warrant their use as causal or explanatory factors in the rise and reception of hasidism.

The Role of Numeracy in the History of Economic Analysis

1994 ◽  
Vol 16 (2) ◽  
pp. 188-201 ◽  
Author(s):  
Ingrid H. Rima
Keyword(s):  
Political Economy ◽  
Seventeenth Century ◽  
Economic Analysis ◽  
Historical Perspective ◽  
Qualitative Approach ◽  
Popular View ◽  
History Of

The popular view among many contemporary economists is that our predecessors were literate but not numerate. Their myopia is curious to those who have the benefit of greater historical perspective. Many early practitioners of political economy can be credited with recognizing that, by their very nature, the problems in which they were interested required them to measure, quantify and enumerate. From the seventeenth century onwards, inquiring minds had already learned to distrust information and ideas that derived from the then traditional qualitative approach to science, which described the sensations associated with objects and events. William Petty's Political Arithmetic is a case in point; it aimed not simply to record and describe reality in terms of

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