scholarly journals Law and Politics Reconsidered: A New Constitutional History of Dred Scott

2009 ◽  
Vol 34 (03) ◽  
pp. 747-785
Author(s):  
Gerald Leonard

This essay synthesizes recent writing on the constitutional history of slavery, featuring Mark Graber's Dred Scott and the Problem of Constitutional Evil (2006). It offers a historical and legal analysis of Dred Scott that attempts to clarify the roles of both law and politics in controversial judicial decisions. It joins Graber in rehabilitating Chief Justice Taney's Dred Scott opinion as a plausible implementation of a Constitution that was born in slavery and grew only more suffused with slavery over time. It integrates much recent writing on the social, political, and constitutional history of slavery to develop the context in which the Dred Scott opinions must be read. And it finds that Justice Curtis's celebrated dissent amounted to an unjudicial manipulation of the law, albeit for the higher purpose of striking at the political hegemony of the slaveholding class. This essay is an abridgement of a longer work (Leonard 2009) that offers, among other things, further analysis of the unjudicial character of Curtis's dissent.

Africa ◽  
1986 ◽  
Vol 56 (1) ◽  
pp. 33-52 ◽  
Author(s):  
Larry W. Yarak

Opening ParagraphOne of the more interesting historiographical debates that emerged in the course of the great burst of research into Akan (actually primarily Asante) history during the 1950s and 1960s concerned the ‘structure’ of the Asante empire, or ‘Greater Asante’ as one of the contributors to the debate, Kwame Arhin, has termed it (Arhin, 1967). The debates have largely been informed by a synchronic, ‘centrist’ approach; that is, by an approach that views the imperial structure at a given point in time, and primarily from the perspective of the political centre, the capital town of Kumase. The 1970s have seen a proliferation of regional studies of the Akan and their neighbours, and so it is perhaps time to reopen the debate on the nature of the Asante imperial order from a broader perspective, one that is both more sensitive to change over time and includes the emerging views from the periphery (see, for example, Berberich, 1974; Case, 1979; Ferguson, 1972; Greene, 1981; Haight, 1981; Handloff, 1982; Sanders, 1980; Weaver, 1975; Yarak, 1976). The present paper first briefly sketches the social and political setting in nineteenth-century Elmina (εdena), then critically reviews the historiographical debate over the structure of Greater Asante, and lastly offers an alternative approach to the study of Greater Asante based on a case study of the history of Asante relations with Elmina.


1959 ◽  
Vol 9 ◽  
pp. 51-79
Author(s):  
K. Edwards

During the last twenty or twenty-five years medieval historians have been much interested in the composition of the English episcopate. A number of studies of it have been published on periods ranging from the eleventh to the fifteenth and early sixteenth centuries. A further paper might well seem superfluous. My reason for offering one is that most previous writers have concentrated on analysing the professional circles from which the bishops were drawn, and suggesting the influences which their early careers as royal clerks, university masters and students, secular or regular clergy, may have had on their later work as bishops. They have shown comparatively little interest in their social background and provenance, except for those bishops who belonged to magnate families. Some years ago, when working on the political activities of Edward II's bishops, it seemed to me that social origins, family connexions and provenance might in a number of cases have had at least as much influence on a bishop's attitude to politics as his early career. I there fore collected information about the origins and provenance of these bishops. I now think that a rather more careful and complete study of this subject might throw further light not only on the political history of the reign, but on other problems connected with the character and work of the English episcopate. There is a general impression that in England in the later middle ages the bishops' ties with their dioceses were becoming less close, and that they were normally spending less time in diocesan work than their predecessors in the thirteenth century.


Urban History ◽  
2019 ◽  
Vol 47 (4) ◽  
pp. 568-588
Author(s):  
Frederik Buylaert ◽  
Jelten Baguet ◽  
Janna Everaert

AbstractThis article provides a comparative analysis of four large towns in the Southern Low Countries between c. 1350 and c. 1550. Combining the data on Ghent, Bruges and Antwerp – each of which is discussed in greater detail in the articles in this special section – with recent research on Bruges, the authors argue against the historiographical trend in which the political history of late medieval towns is supposedly dominated by a trend towards oligarchy. Rather than a closure of the ruling class, the four towns show a high turnover in the social composition of the political elite, and a consistent trend towards aristocracy, in which an increasingly large number of aldermen enjoyed noble status. The intensity of these trends differed from town to town, and was tied to different institutional configurations as well as different economic and political developments in each of the four towns.


2016 ◽  
Vol 11 (1-2) ◽  
pp. 171-191 ◽  
Author(s):  
Wung Seok Cha

TheSŭngjŏngwŏn ilgi (Daily Records of the Royal Secretariat)is one of the major chronicles of the events of the Chosŏn Dynasty (1392–1910). Although the records prior to the year 1622 are no longer extant, the remaining records from the years 1623 to 1910 meticulously recount the daily activities of the reigning Chosŏn kings, including copious information on their physical and mental status. Because the king’s health was considered as important as other official affairs in many respects, detailed records were kept of royal ailments and how court doctors treated them. This article surveys the state of Korean-language scholarship on the medical content of theDaily Recordsand presents selected translations to demonstrate how this valuable historical source can shed light on both the social history of Chosŏn medicine and the political importance of kingly health at the Chosŏn court.


2020 ◽  
Vol 16 (2 (22)) ◽  
pp. 106-118
Author(s):  
Gabriella Macciocca

The history of the language represents a moment of deep knowledge in the development of the political thought of the Nation. With regard to the Italian language, we must recognize observations and summaries of linguistic history produced ever since the origins of the language itself. A short number of examples, coming from the history of the Italian language, and from the history of Italian literature, will be considered. We will consider in which way the language has been taught over time and the University statement.


2020 ◽  
Vol 10 (2) ◽  
pp. 197-206
Author(s):  
Erman

The research aimed to reveal the history of the Raya Magazine and writing on political movements promoted by Islamic College students in Minangkabau. The research findings succeeded in revealing that Raya Magazine was present in the midst of strengthening colonial political pressure and the weakening of the national movement in the 1930s. The political movement was one of the themes of the national movement which was of special note and attention to the Islamic College Students Association. This theme was encountered in several articles during publication, mainly related to the weakening of non-cooperative parties in carrying out movements. The social situation that helped shape the theme of the political movement was the impact caused by the application of vergaderverbood in 1933 and arrested a number of non-cooperative parties leaders, especially Partindo, PNI Baru, and Permi.


2018 ◽  
Vol 17 (1) ◽  
pp. 55-84 ◽  
Author(s):  
GIANNA ENGLERT

As part of Benjamin Constant's academic “revival,” scholars have revisited the political and religious elements of his thought, but conclude that he remained uninterested in the nineteenth century's major social and economic questions. This article examines Constant's response to what would later become known as “the social question” in his Commentary on Filangieri's Work, and argues that his claims about poverty and its alleviation highlight central elements of his political liberalism, especially on the practice of citizenship in the modern age. By interpreting social issues through his original political lens of “usurpation,” Constant encouraged skepticism of social legislation and identified the political implications of a “disinherited” poor class. The lens of usurpation ultimately limited the scope of Constant's solutions to poverty. But his attention to social and economic issues prompts us to reexamine the category of “the social” and its uses in the history of liberal thought, particularly the place of class concerns in the French liberal tradition.


2021 ◽  
Vol 31 (1) ◽  
pp. 252-279
Author(s):  
Maria Cristina Tortti ◽  

This paper aims at outlining the main processes that, in Argentina’s recent past, may enable us to understand the emergence, development and eventual defeat of the social protest movement and the political radicalization of the period 1960-70s.Here, as in previous papers, we resort to the concept of new left toname the movement that, though heterogeneous and lacking a unified direction, became a major unit in deeds, for multiple actors coming the most diverse angles coincided in opposing the vicious political regime and the social order it supported. Consequently, we shall try to reinstate the presence of such wide range of actors: their projects, objectives and speeches. Some critical circumstances shall be detailed and processes through which protests gradually amalgamated will be shown. Such extended politicization provided the frame for quite radical moves ranging from contracultural initiatives and the classism in the workers’ movement to the actual action of guerrilla groups. Through the dynamics of the events themselves we shall locate the peak moments as well as those which paved the way for their closure and eventual defeat in 1976.


Author(s):  
Duncan Kelly

This chapter binds the book together, recapitulating its general argument, and offering pointers as to how the study relates to some contemporary questions of political theory. It suggests that a classification that distinguishes between Weber the ‘liberal’, Schmitt the ‘conservative’ and Neumann the ‘social democrat’, cannot provide an adequate understanding of this episode in the history of political thought. Nor indeed can it do so for other periods. In this book, one part of the development of their ideas has focused on the relationship between state and politics. By learning from their examples, people continue their own search for an acceptable balance between the freedom of the individual and the claims of the political community.


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