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

2013 ◽  
Vol 38 (03) ◽  
pp. 746-764
Author(s):  
Janet McLean

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.

2016 ◽  
Vol 10 (1) ◽  
pp. 15
Author(s):  
Göran Larsson

In lieu of an abstract, this is the article's first page: With classical orientalists, such as Frants Buhl (1850-1932) and Johannes Pedersen (1883-1977), and contemporary scholars like Jørgen Bæk Simonsen, Jørgen S. Nielsen and Jakob Skovgaard-Petersen, Denmark has a proud history when it comes to the study of religion, including Islam and the wider Muslim world (on Buhl, see Læssøe 1979; on Pedersen, see Løkkegaard 1982). Besides these scholars, it is also possible to find others in the fields of sociology, anthropology, political science and media studies who have made, and continue to make, strong contributions to the study of Islam and Muslims (cf. e.g. Tidsskrift for Islamforskning 7(1) 2013). Denmark has also produced a number of strong female scholars, such as Garbi Schmidt, Lene Kühle, Kate Østergaard, Nadia Jeldtoft, Birgitte Schepelern Johansen, Jytte Klausen and Catharina Raudvere (who is Swedish, but holds a professorship in the History of Religions at the University of Copenhagen). Hence it is evident that the study of Islam and Muslims is thriving in Denmark. That said, however, it is also apparent that the academic study of minority religions (not least Islam) is often perceived as a controversial topic. From this point of view Denmark is not unique: studying Islam and Muslims generally causes debate and sometimes even tension within both academia and the public sphere. One important instrument for countering simplistic and populist conclusions about (...)


2003 ◽  
Vol 25 (1) ◽  
Author(s):  
Ernesto Garzón Valdés

AbstractThe article analyses the distinction between the private and the public sphere from a conceptual and from a normative point of view. On the conceptual level, it is argued that the common dichotomous view is incomplete, giving rise to conceptual confusions which can be overcome by a careful distinction between the intimate and the private sphere. While the boundary between the private and the public is a conventional matter, the sphere of intimacy, including thoughts as well as a certain type of actions, is empirically delimited. On the normative level, a number of arguments for or against the extension or restriction of the private sphere as well as for or against the intervention of the state in its citizens’ spheres of intimacy is discussed from a liberal point of view.


Author(s):  
Marta Postigo Asenjo

RESUMENEl sistema patriarcal no afecta exclusivamente al poder político y judicial, sino que afecta a la estructura interna de la sociedad, la identidad y las formas de vida de los individuos que en ella viven. Para comprender mejor como condiciona el sistema patriarcal las formas de vida y la visión que tienen los individuos de la realidad social, hemos de analizar el modo en que se extiende al orden institucional y lo determina mediante "tipificaciones" de hechos y de personas y mediante roles concretos, esteoreotipaciones sexiuales que obstaculizan el acceso a la esfera pública de la mujer, así como su reinserción en el mercado laboral, en suma, todo aquello que afecta al conocimiento común que comparten los miembros de una comunidad. El cambio hacia una mayor igualdad y una real democracia paritaria y compartida no es posible sin una paulatina educación y concienciación de la sociedad en su conjunto.PALABRAS CLAVEPATRIARCADO-TIPIFICACIÓN SOCIAL-IGUALDAD DE GÉNEROABSTRACTPatriarchalism is not only present in politics and the judicial system. It also affects the internal structure of society, above all the life and identitý of individuals. To understand better how it conditions their ways of life and the vision the individuals have of social reality, we should study how patriarchalism r3eaches the system of institutions and how this becomes determined by "typifications" of facts and people, and by certain roles or sexual stereotypes that hinder the access of women both to the public sphere and to tha labor market. It sum, everything that concerns the common knowledge that the members of a community share. The move towards more equality and towards a more egalitarian democracy heavily depends on the spread of civic education to the entire society.KEYWORDSPATRIARCHALISM-SOCIAL TYPIFICATION-GENDER EQUALITY


Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.


2017 ◽  
Vol 59 (4) ◽  
pp. 579-611 ◽  
Author(s):  
Daniel Nyberg ◽  
John Murray

This article connects the previously isolated literatures on corporate citizenship and corporate political activity to explain how firms construct political influence in the public sphere. The public engagement of firms as political actors is explored empirically through a discursive analysis of a public debate between the mining industry and the Australian government over a proposed tax. The findings show how the mining industry acted as a corporate citizen concerned about the common good. This, in turn, legitimized corporate political activity, which undermined deliberation about the common good. The findings explain how the public sphere is refeudalized through corporate manipulation of deliberative processes via what we term corporate citizenspeak—simultaneously speaking as corporate citizens and for individual citizens. Corporate citizenspeak illustrates the duplicitous engagement of firms as political actors, claiming political legitimacy while subverting deliberative norms. This contributes to the theoretical development of corporations as political actors by explaining how corporate interests are aggregated to represent the common good and how corporate political activity is employed to dominate the public sphere. This has important implications for understanding how corporations undermine democratic principles.


October ◽  
2017 ◽  
Vol 159 ◽  
pp. 3-6
Author(s):  
Hal Foster

In the face of Trumpism and its peculiar mix of the buffoonish and the lethal, Foster suggests that we “pump up” past theoretical concepts by raising them to a higher degree. Social media, for example, could thereby be considered the “fifth estate,” a force that outdoes the “fourth estate” of journalistic media and thereby evacuates the last residues of the public sphere that, over fifty years ago, Jürgen Habermas associated with the advent of print culture. Peter Sloterdijk's notion of cynical reason, too, must be raised to a higher power in order to comprehend the Trumpist mentality; perhaps in this post-truth era, we should speak instead of “noncynical unreason”? And while the concept of the “primal father” is so outrageous that it cannot be inflated, Foster argues, it is one that we must grapple with in the face of a figure who, like Freud's figure, embodies the law and simultaneously performs its transgression.


2017 ◽  
Vol 42 (3) ◽  
pp. 323-326
Author(s):  
BISHNUPRIYA DUTT

These three essays on distinct research areas and case studies cover a broad history of educational institutions in India, their focus on theatre and cultural education, and their role in creating citizens active in the public sphere and civic communities. The common point of reference for all the three essays is the historical transition from pre- to post-independence India, and they represent three dominant genres of Indian theatre practice: the amateur progressive theatre emerging out of sociopolitical movements; the State Drama School, which has remained at the core of the state's policy and vision of a national theatre; and college theatre, which comprises the field from which the National School of Drama sources its acting students, as well as new audiences for urban theatres.


Author(s):  
Kim T. Gallon

This introductory section introduces the book’s major arguments and provides an overview of the history of the Black Press in the early twentieth century. The introduction also explores the theoretical conceptualization of the public sphere in relationship to African American life and the scholarship on pleasure and class in African American history. In laying out these terms, the introductory section of the book makes the case that they are useful categories of analysis for a deeper understanding of African American sexuality, pleasure, and the Black Press. Finally, the introduction features a discussion of the significance of the interwar period and its relationship to the history of African American sexuality in the Black Press.


2016 ◽  
Vol 49 (2) ◽  
pp. 237-266 ◽  
Author(s):  
Michal Tamir

The phenomenon of social exclusion in Israel is a vivid demonstration of the Basic Laws' failure to fulfil their integrative role. Despite the ‘constitutional revolution’ and the Supreme Court's ongoing endeavour over the last two decades to instil a bill of rights through its jurisprudence, Israeli society has failed to fully internalise values of equality. In terms of legal jargon, individuals continue to claim and exercise ‘sole and despotic dominion’ over their private property in order to avoid contact with individuals belonging to certain minority groups. In many cases, such behaviour in the private sphere results in exclusion from the public sphere.This phenomenon is especially astonishing considering the fact that many laws in Israel apply the right of equality to the private sphere. Furthermore, the Israeli Supreme Court has developed comprehensive human rights jurisprudence applicable to the private sphere. The gap between the law in the books and the law in action illustrates that effective implementation of human rights in the private sphere cannot be achieved solely by specific legislation or by jurisprudence that is sensitive to human rights. This argument is backed by several recent bills which preserve and enforce the exclusion of minorities, particularly of Arabs, from the public sphere. These bills illustrate that exclusion is indeed a growing phenomenon in Israeli society that cannot be overlooked. Moreover, they underscore the urgent need to entrench a direct obligation to apply human rights to the private sphere at the constitutional level. This will be achieved only when Israel adopts a full constitution.


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