Persons

Author(s):  
John Baker

This chapter, after some initial remarks about the legal status of women, aliens, and monks, is concerned with the history of personal liberty. Early law recognized the unfree status of villeins, but numerous means of escape brought villeinage to a de facto end by 1600. The law relating to imprisonment became controversial with the development of habeas corpus, relying on Magna Carta, as a remedy against arbitrary imprisonment under the royal prerogative. The controversy culminated in the debates on the liberty of the subject in 1628 and the Petition of Right. Religious freedom is considered next, beginning with the intolerant medieval heresy jurisdiction and its virtual extinction under Elizabeth I. But freedom of thought was not the same as freedom of worship, political expression, or assembly, which were constrained in various ways. The final section examines how far the English courts accepted black slavery, and how slavery was eventually abolished.

Author(s):  
Moshe Mishkinsky

This chapter describes a turning point in the history of Polish Socialism and its attitude towards the Jewish Question. In dealing with the concept of the Jewish Question, the intention is not, as is often the case, to dwell solely upon the legal status of Jews (emancipation) but to view the problems of Jewish existence in their diversity. According to one view, the dependence upon non Jewish society represents an integral element or, even a determinant, in these problems. In the context of Polish–Jewish relations from the historical perspective of the last hundred years, one may discern six aspects of the subject. These include the development of Socialist thought in its different versions as regards the Jews; the influence of the gradual growth and development of the emerging working class in Polish society; the influence of the relatively large involvement of Jews within the Socialist Labour Movement; the impact of the new processes which matured in the last quarter of the 19th century on the life of Eastern European Jewry in general, and on the Polish–Jewish area in particular; the growth alongside each other, but also in conflict, of two political and ideological movements — Polish Socialism and Jewish labour Socialism; and the tension between the Socialist and the national elements which was common to both yet different in its concrete content.


1983 ◽  
Vol 1 (1) ◽  
pp. 129-151 ◽  
Author(s):  
Marylynn Salmon

In 1930 Richard B. Morris published Studies in the History of American Law: With Special Reference to the Seventeenth and Eighteenth Centuries. The monograph included a chapter on the legal status of colonial women that became extremely influential within a short time of its appearance. Morris's influence continues half a century later. Several books published in 1980 cite him as one of their primary authorities on women's rights: Linda K. Kerber, Women of the Republic: Intellect & Ideology in Revolutionary America; Lyle Koehler, A Search for Power: The ‘Weaker Sex’ in Seventeenth-Century New England; and Mary Beth Norton, Liberty's Daughters: The Revolutionary Experience of American Women, 1750–1800. Other influential books and articles also rely heavily on Morris, including A Little Commonwealth: Family Life in Plymouth Colony by John Demos, ‘The Illusion of Change: Women and the American Revolution,’ by Joan Hoff Wilson, and ‘The Lady and the Mill Girl: Changes in the Status of Women in the Age of Jackson, 1800–1840,’ by Gerda Lerner. In fact, almost every published sentence on women's rights in early American law is followed by a footnote citing chapter three of Studies in the History of American Law. In The Bonds of Womanhood (1977), Nancy F. Cott declared that Morris's chapter ‘has become the standard essay on colonial women under the common law.’


2019 ◽  
pp. 1-20
Author(s):  
Ann Numhauser-Henning

AbstractElder law is often approached in terms of a ‘body’ of law. In this article, I argue for a contextualised and externalised perspective on the ageing individual as the subject of elder law. Elder law relates to the implications of law as an institutionalisation of society seen through the lens of older persons. The aged subject is a contested and differentiated social construct to be studied in relation to an externalised social ‘problem’ and properly contextualised. Whereas the ageing individual in the context of labour law and anti-discrimination regulation turns out to be remarkably young, the specific history of LGBT persons in society comes to the fore in cases where age intersects with a ground such as sexual orientation. The ‘ageing’ worker must thus be understood in relation to work as the dominant distributive order in society, and in relation to institutions and developments associated with work. Due to the role of age as a traditional social stratifier, the prohibition against age discrimination has been given a weaker format than have prohibitions against other kinds of discrimination, and the ban on ageism has failed to achieve a clear legal status. Deficiencies in the measures taken against age discrimination are also evident in their incapacity to address situations where age intersects with other grounds, resulting in a compartmentalised application and interpretation of discrimination bans, leaving vulnerable sub-groups without protection. In sum, elder law is very much a field in process and – although arguing for the added value of a contextualised perspective – it may for the time being suffice to say that ‘elder law is what elder law researchers do’.


1985 ◽  
Vol 17 (3) ◽  
pp. 259-278 ◽  
Author(s):  
James L. Gillespie

Contemporary society has discovered—or in some cases been forced to discover—the worth of women. Historians have provided valuable insights into the social, cultural, and legal status of women in an effort to highlight the roots of attitudes that have excluded women from positions of power in the western world. Much of this research has focused upon new ways of viewing history, and the fine series of monographs Women in Culture and Society being published by the University of Chicago Press provides a prime example of the new awareness of the distaff side of history. Yet, little attention has been paid to some of the most basic assumptions of past generations of medieval historians about women and society. The claim that male chauvinist attitudes are founded in the primative Germanic concept of a warrior fraternity from which women were physiologically excluded from membership was already hoary when Fritz Kern published his classic account of medieval law and society in 1914. The comitatus band of Tacitus has been seen as a central component of the leitmotiv that produced chivalry. The chivalric love ethic has, of course, received great attention from women's historians, but the chivalric orders into which such views were distilled have been largely ignored.The traditional view of the chivalric orders as fossilized parodies of the values they espoused so eloquently advocated by Johan Huizinga's The Waning of the Middle Ages still holds the field. Only in the last year have the chivalric orders been rehabilitated as genuine expressions of the human values of their age. The position of women within the tradition of the chivalric orders is worth a look for the intrinsic interest of the subject and for the insights that the investigation provides into the shifts in attitudes toward females over the centuries. The chivalric orders, and the Arthurian legends that inspired them, placed a high value on women, much higher than the earlier chansons de geste. While it is true that this tradition tended to place the lady upon a pedestal from which her daughters have fought to climb down, the greatest and longest lasting of these late-medieval chivalric fraternities, the Order of the Garter, also gave women a role in its celebrations.


10.33287/1192 ◽  
2019 ◽  
pp. 16-24
Author(s):  
O. В. Мірошниченко

The paper is devoted to the main stages of the legal status the Old Believers in Ukraine, in particular in the Katerinoslav’s region. The main reason for the appearance of them is the settlement of new, annexed lands to the Russian Empire. As you know, the Old Believers appear after the reform of the church, which was conducted by Patriarch Nikon. Since its inception and for more than one century, the Old Believers have been a “disagreeable” mass of the population of the Russian Empire, with which both the government and the dominant church have fought. As the history of oppression, persecution, and conclusion did not yield the expected results: the Old Believers continued to practice the old faith. The paper describes the time of the XVIII-XIX centuries. In the XVIII century the territory of the Katerinoslav’s Governorate was settled by Old Believers and they influenced the other national and religious communities of the province. Relations between Old Believers and the authority was very tense and inconstant. For two centuries, there has been a warming of relations, to a noticeable confrontation on the part of officials. The authorities were not consistent in their actions towards the Old Believers, each of the rulers had their own plans and thoughts about the Old Believers. But they all tried to quickly eliminate the manifestations of a split in society by all available methods. A certain liberalization came during the reign of Catherine II, but with the accession to the throne of Nicholas I, the loyalty to the Old Believers ended. The repressive policy of the government regarding the followers of the old faith were suspended for Alexander II, and it was only in 1905 the Old Believers gained religious freedom.


1932 ◽  
Vol 26 (2) ◽  
pp. 345-351
Author(s):  
Edwin E. Witte

Judging from articles on the subject, American interest in British trade union law has been considerable, but spasmodic. Every important decision or statute affecting the legal status of the British trade unions has been followed by articles on this side of the Atlantic outlining the entire history of the British law of labor combinations and attempting to forecast the outcome of the most recent developments. Between times, the subject has not been discussed and no one has presented the actual results of the heralded developments. The Trade Disputes and Trade Union Act of 1927 is the most recent of these developments noted in this country.


Geosciences ◽  
2019 ◽  
Vol 9 (6) ◽  
pp. 251 ◽  
Author(s):  
Natalia Shakhova ◽  
Igor Semiletov ◽  
Evgeny Chuvilin

This paper summarizes current understanding of the processes that determine the dynamics of the subsea permafrost–hydrate system existing in the largest, shallowest shelf in the Arctic Ocean; the East Siberian Arctic Shelf (ESAS). We review key environmental factors and mechanisms that determine formation, current dynamics, and thermal state of subsea permafrost, mechanisms of its destabilization, and rates of its thawing; a full section of this paper is devoted to this topic. Another important question regards the possible existence of permafrost-related hydrates at shallow ground depth and in the shallow shelf environment. We review the history of and earlier insights about the topic followed by an extensive review of experimental work to establish the physics of shallow Arctic hydrates. We also provide a principal (simplified) scheme explaining the normal and altered dynamics of the permafrost–hydrate system as glacial–interglacial climate epochs alternate. We also review specific features of methane releases determined by the current state of the subsea-permafrost system and possible future dynamics. This review presents methane results obtained in the ESAS during two periods: 1994–2000 and 2003–2017. A final section is devoted to discussing future work that is required to achieve an improved understanding of the subject.


2020 ◽  
Vol 34 (2) ◽  
pp. 70-76
Author(s):  
E.B. Abakumova ◽  

This is an attempt to provide a meaningful disclosure of the key features of the legal status of civil servants in the Russian Federation in this article. The specifics of their legal status are expressed in the aggregate of legally established guarantees, restrictions and liability. This made it possible to analyze the legal framework governing the service in these positions on a scientific basis. Study the history of formation and development of Institute of the state posts of the Russian Federation, studying the legislative experience of the Russian regions, the existing judicial practice and theoretical developments in the scientific literature, is intended to facilitate the search for optimal solutions of actual problems of legal regulation of legal relations associated with the replacement of these posts.


Paleobiology ◽  
1980 ◽  
Vol 6 (02) ◽  
pp. 146-160 ◽  
Author(s):  
William A. Oliver

The Mesozoic-Cenozoic coral Order Scleractinia has been suggested to have originated or evolved (1) by direct descent from the Paleozoic Order Rugosa or (2) by the development of a skeleton in members of one of the anemone groups that probably have existed throughout Phanerozoic time. In spite of much work on the subject, advocates of the direct descent hypothesis have failed to find convincing evidence of this relationship. Critical points are:(1) Rugosan septal insertion is serial; Scleractinian insertion is cyclic; no intermediate stages have been demonstrated. Apparent intermediates are Scleractinia having bilateral cyclic insertion or teratological Rugosa.(2) There is convincing evidence that the skeletons of many Rugosa were calcitic and none are known to be or to have been aragonitic. In contrast, the skeletons of all living Scleractinia are aragonitic and there is evidence that fossil Scleractinia were aragonitic also. The mineralogic difference is almost certainly due to intrinsic biologic factors.(3) No early Triassic corals of either group are known. This fact is not compelling (by itself) but is important in connection with points 1 and 2, because, given direct descent, both changes took place during this only stage in the history of the two groups in which there are no known corals.


2020 ◽  
Vol 48 (3-4) ◽  
pp. 13-26
Author(s):  
Brandon W. Hawk

Literature written in England between about 500 and 1100 CE attests to a wide range of traditions, although it is clear that Christian sources were the most influential. Biblical apocrypha feature prominently across this corpus of literature, as early English authors clearly relied on a range of extra-biblical texts and traditions related to works under the umbrella of what have been called “Old Testament Pseudepigrapha” and “New Testament/Christian Apocrypha." While scholars of pseudepigrapha and apocrypha have long trained their eyes upon literature from the first few centuries of early Judaism and early Christianity, the medieval period has much to offer. This article presents a survey of significant developments and key threads in the history of scholarship on apocrypha in early medieval England. My purpose is not to offer a comprehensive bibliography, but to highlight major studies that have focused on the transmission of specific apocrypha, contributed to knowledge about medieval uses of apocrypha, and shaped the field from the nineteenth century up to the present. Bringing together major publications on the subject presents a striking picture of the state of the field as well as future directions.


Sign in / Sign up

Export Citation Format

Share Document