Legal History as Political History

Author(s):  
Roy Kreitner

This chapter takes the phrase ‘legal history as political history’ as gesturing at two existing, perhaps by now classic debates. One is the question of political history’s meaning, or its differentiation from social or cultural history. The other is the relationship between law and politics, especially regarding the Critical Legal Studies view of that relationship. The chapter begins by briefly considering these preliminary questions. It then advances a suggestion about what to look for when trying to understand legal history as political history. It suggests that there is a body of legal history being written and published today, not generally considered as a group or in any way related, that would be considered profitably as political history. The common feature for this work is that it shows change over time in the way law functions.

Author(s):  
Melanie K. T. Takarangi ◽  
Deryn Strange

When people are told that their negative memories are worse than other people’s, do they later remember those events differently? We asked participants to recall a recent negative memory then, 24 h later, we gave some participants feedback about the emotional impact of their event – stating it was more or less negative compared to other people’s experiences. One week later, participants recalled the event again. We predicted that if feedback affected how participants remembered their negative experiences, their ratings of the memory’s characteristics should change over time. That is, when participants are told that their negative event is extremely negative, their memories should be more vivid, recollected strongly, and remembered from a personal perspective, compared to participants in the other conditions. Our results provide support for this hypothesis. We suggest that external feedback might be a potential mechanism in the relationship between negative memories and psychological well-being.


Religions ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 199
Author(s):  
Maria Ledstam

This article engages with how religion and economy relate to each other in faith-based businesses. It also elaborates on a recurrent idea in theological literature that reflections on different visions of time can advance theological analyses of the relationship between Christianity and capitalism. More specifically, this article brings results from an ethnographic study of two faith-based businesses into conversation with the ethicist Luke Bretherton’s presentation of different understandings of the relationship between Christianity and capitalism. Using Theodore Schatzki’s theory of timespace, the article examines how time and space are constituted in two small faith-based businesses that are part of the two networks Business as Mission (evangelical) and Economy of Communion (catholic) and how the different timespaces affect the religious-economic configurations in the two cases and with what moral implications. The overall findings suggest that the timespace in the Catholic business was characterized by struggling caused by a tension between certain ideals on how religion and economy should relate to each other on the one hand and how the practice evolved on the other hand. Furthermore, the timespace in the evangelical business was characterized by confidence, caused by the business having a rather distinct and achievable goal when it came to how they wanted to be different and how religion should relate to economy. There are, however, nuances and important resemblances between the cases that cannot be explained by the businesses’ confessional and theological affiliations. Rather, there seems to be something about the phenomenon of tension-filled and confident faith-based businesses that causes a drive in the practices towards the common good. After mapping the results of the empirical study, I discuss some contributions that I argue this study brings to Bretherton’s presentation of the relationship between Christianity and capitalism.


It was shown in an earlier paper (7) that if maximal stimulation of either of two different afferent nerves can reflexly excite fractions of a given flexor muscle, there are generally, within the aggregate of neurones which innervate that muscle, motoneurones which can be caused to discharge by either afferent (i. e., motoneurones common to both fractions). The relationship which two such afferents bear to a common motoneurone was shown, by the isometric method of recording contraction, to be such that the activation of one afferent, at a speed sufficient to cause a maximal motor tetanus when trans­mitted to the muscle fibres, caused exclusion of any added mechanical effect when the other afferent was excited concurrently. This default in mechanical effect was called “occlusion.” Occlusion may conceivably be due to total exclusion of the effect of one afferent pathway on the common motoneurone by the activity of the other; but facilitation of the effect of one path by the activation of the other when the stimuli were minimal suggests that, in some circumstances at least, the effect of each could augment and summate with th at of the other at the place of convergence of two afferent pathways. Further investigation, using the action currents of the muscle as indication of the nerve impulses discharged by the motoneurone units, has now given some information regarding the effect of impulses arriving at the locus of convergence by one afferent path when the unit common to both is already discharging in response to impulses arriving by the other afferent path. Our method has been to excite both afferent nerves in overlapping sequence by series of break shocks at a rapid rate and to examine the action currents of the resulting reflex for evidence of the appearance of the rhythm of the second series in the discharge caused by the first when the two series are both reaching the motoneurone.


Author(s):  
Mário Matos

This contribution focuses on the multifaceted conceptualization of travel in Western cultural history. Several discourses will be addressed that, over time, have oscillated between the sceptical and restrictive on the one hand, and the truly admiring perspectives of the journey on the other. A number of visions of the phenomenon of travel under the binomial spell/curse will be analysed. The different contexts and historical factors that determined the value of travel will be exposed, from its great power of attraction to its restriction by inward looking religious and political systems.


2009 ◽  
Vol 11 ◽  
pp. 247-288
Author(s):  
Matthew Dyson

Abstract This chapter explores the relationship between tort law and criminal law. In particular it tracks one line of developments in the procedural co-ordination of criminal and civil law: the ability of criminal courts to award compensation for harm. It is a study of legal change or development: how and why law has evolved from the middle of the nineteenth century through to the present day. The chapter is also comparative, looking at the English and Spanish legal systems. The history of powers to compensate has highlighted two fundamentally different ways to resolve claims based on a concurrently tortious and criminal wrong. The English system has slowly moved from disparate and piecemeal provisions to a general if under-theorised system. On the other hand, Spain created a novel and complete system of liability to be administered by the criminal courts. This chapter seeks to trace and explain this development with a view to understanding how much civil and criminal law can perform the same function: compensation.


Author(s):  
Marilyn Taylor

Community development offers a distinct approach to respond to the problem of diminishing free spaces where citizens can exchange views and learn about democracy and citizenship. It involves citizens as co-creators of the common world rather than as consumers. It has been supported by governments in different countries as a way of defusing tensions within communities, addressing the crisis of political legitimacy, encouraging citizen responsibility, as well as co-producing services with the state. This chapter tracks the ways in which community development has played these different roles over time and the implications for the relationship between state and citizen. It reviews its changing relationship with the state, and the critiques generated by different approaches and programmes. It concludes with an assessment of the challenges it faces in seeking to deepen democracy and foster creative citizenship, in the face of recurring attempts to shrink the state and leave the market as the principal mediating factor in society.


Author(s):  
Emily Zackin

The study of constitutionalism often begins with the question of what a constitution is. Sometimes the term refers to a single legal document with that name, but the term “constitution” may also refer to something unwritten, such as important political traditions or established customs. As a result, scholars sometimes distinguish between the “Big-C” constitution, that is, the constitutional document, and the “small-c” constitution, the set of unwritten practices and understandings that structure political life. Constitutionalism is typically associated with documents and practices that restrict the arbitrary exercise of power. Most constitutions contain guarantees of rights and outline the structures of government. Constitutions are often enforced in court, but nonjudicial actors, like legislatures or popular movements, may also enforce constitutional provisions. The relationship between democracy and constitutionalism is not at all straightforward, and it has received an enormous amount of scholarly attention. Constitutionalism seems to both undergird and restrain democracy. On the one hand, constitutions establish the institutions that allow for self-government. On the other, they are often said to restrict majoritarian decision-making. Related to this question of the relationship between constitutionalism and democracy are questions about how constitutions change and how they ought to change. Can written constitutions change without changes to the text, and can judges bring about these changes? Do extratextual changes threaten or promote democracy? Finally, not only do individual constitutions change, but the practice of writing constitutions and governing with them has also changed over time. In general, constitutions have grown more specific and flexible over time, arguably, allowing for a different kind of constitutional politics.


1999 ◽  
Vol 21 (1) ◽  
pp. 49-80 ◽  
Author(s):  
Florence Myles ◽  
Rosamond Mitchell ◽  
Janet Hooper

This paper explores the relationship between formulaic language and creative construction in SLA by examining the production of interrogatives in an extensive naturalistic corpus of L2 French produced by early classroom learners. The paper first analyzes the production and breakdown of such formulaic language over time, before exploring the development of more creative structures. The interaction between the two processes “rote learning of formulas and creative construction” is then investigated. This interaction is shown to be a dynamic two-way process, with learners being driven forward in the development of their L2 system by their attempts to resolve the tension between structurally complex but communicatively rich formulas on the one hand, and structurally simple but communicatively inadequate creative structures on the other hand.


Author(s):  
Jennifer Barrett-Tatum ◽  
Kristen Ashworth ◽  
David Scales

South Carolina’s Read to Succeed Law (RTS) is different than the other 15 states’ literacy-based third grade retention laws. It mandates literacy intervention training for in-service and pre-service teachers. Research indicates academic gains from retention are short-lived, diminishing over time and increasing drop-out rates. Through a statewide survey, this study identifies educators’ perceptions and knowledge of retention and the RTS policy, and examines the relationship between knowledge and perceptions. Educators were not familiar with retention research or RTS specifics, but favored retention. Implications include the need for more teacher training regarding new state policies and the efficacy of their foundations. This study provides evidence that policymakers should consider the means of implementation and shoulder accountability for a structured and equitable support system.


AmS-Varia ◽  
2020 ◽  
pp. 99-114
Author(s):  
Christian Løchsen Rødsrud ◽  
Jakob Kile-Vesik ◽  
Julian Post-Melbye

In 2015, the Museum of Cultural History organized a large excavation project in Løten, Hedmark with over 90 sites. During the project both clearance cairns and cairns interpreted as graves were excavated. The field at Skillingstad contained more than 100 cairns, of which approximately 40 were excavated. Although originally thought to be clearance cairns, results obtained over the course of the excavation demanded that this interpretation be reconsidered. In the area surrounding Skillingstad, four smaller cairn fields were also excavated, ranging in size from 4 to 21 cairns. Several of these were associated with small, oval, bowl-shaped fields that overlapped in time with the graves at Skillingstad. The plant macrofossil analyses returned few interesting results, but the cairns containing graves and the clearance cairns differed significantly in their micromorphological results. In addition, there were clear differences in structural organization and the relationship between the cairns in the grave and clearance fields respectively. The burial cairns were spread evenly across the site, built with uniform sized rocks and placed with respect to older monuments such that none of the monuments merged into larger units. In contrast, the clearance cairns were more randomly distributed across the site, sometimes cleared to one side of the field and at other sites in between the cultivated land and pastures. The rocks in these cairns were also more variable in size and often several cairns had grown together over time. We will also share some administrative experiences based on the reinterpretation from clearance cairns to graves at Skillingstad.


Sign in / Sign up

Export Citation Format

Share Document