scholarly journals The Employment Status of Ministers: A Judicial Retcon?

2018 ◽  
Vol 13 (1) ◽  
pp. 27-48
Author(s):  
Russell Sandberg
Keyword(s):  
Science Fiction ◽  
Literary Criticism ◽  
Legal History ◽  
Employment Status ◽  
The Past ◽  
Historical Continuity ◽  
The Law ◽  
Legal Judgments ◽  
Historical Accounts

Abstract “Retroactive continuity”, often abbreviated as “retcon”, is a term often used in literary criticism and particularly in relation to science fiction to describe the altering of a previously established historical continuity within a fictional work. To date, however, the concept has not been used in relation to law. Legal judgments often refer to history and include historical accounts of how the law has developed. Such judgments invariably include judicial interpretations of history. On occasions, they may even include a “retconned” interpretation of legal history – a “judicial retcon” – that misrepresents the past and rewrites history to fit the “story” of the law that the judge wants to give. This article explores the usefulness of a concept of a “judicial retcon” by means of a detailed case study concerning whether ministers of religion are employees.

The Rhetoric of the Past in Demosthenes and Aeschines

2020 ◽  
Author(s):  
Guy Westwood
Keyword(s):  
Rhetorical Strategies ◽  
Philip Ii ◽  
The Past ◽  
Collective Processes ◽  
The Law ◽  
Law Courts

This work examines how politicians in late classical Athens made persuasive use of the city’s past when addressing mass citizen audiences, especially in the law courts and Assembly. It focuses on Demosthenes and Aeschines—both prominent statesmen, and bitter rivals—as its case-study orators. Recent scholarly treatments of how the Athenians remembered their past tend to concentrate on collective processes; to complement these, this work looks at the rhetorical strategies devised by individual orators, examining what it meant for Demosthenes or Aeschines to present particular ‘historical’ examples (or paradigms/paradeigmata), arguments, and illustrations in particular contexts. It argues that discussing the Athenian past—and therefore a core aspect of Athenian identity itself—offered Demosthenes and Aeschines (and others) an effective and versatile means both of building and highlighting their own credibility, authority, and commitment to the democracy and its values, and of competing with their rivals, whose own versions and handling of the past they could challenge and undermine as a symbolic attack on those rivals’ wider competence. Recourse to versions of the past also offered orators a way of reflecting on a troubled contemporary geopolitical landscape where Athens first confronted the enterprising Philip II of Macedon and then coped with Macedonian hegemony. The work, which covers all of Demosthenes’ and Aeschines’ surviving public oratory, is constructed round a series of detailed readings of individual speeches and sets of speeches (Chapters 2 to 6), while Chapter 1 offers a series of synoptic surveys of individual topics which inform the main discussion.

The Varieties of Legal History

2021 ◽  
Author(s):  
Michael Lobban
Keyword(s):  
United States ◽  
Economic History ◽  
Legal History ◽  
The United States ◽  
Law Schools ◽  
The Past ◽  
Legal Questions ◽  
English Law ◽  
The Law ◽  
Contextual Study

This article looks at the different approaches which have been taken in the study of legal history in England and America by both historians in law and history faculties. The pioneer English legal historian was F.W. Maitland, who felt that the skills of the lawyer were needed to understand the legal materials which were the source of much medieval social and economic history. Maitland, who had no wish to use history to explain current doctrine, inspired a generation of medieval historians to look at legal questions. The study of legal history in English law schools was in turn revolutionized by S. F. C Milsom, who felt that the key to legal history was not to apply the skills of the present lawyer to the law of the past, but to attempt to get into the minds of previous generations of lawyers. Following Milson, doctrinal legal history flourished in England. In the United States, a different tradition dominated law schools. Here, the pioneer was J. Willard Hurst, who turned attention away from narrow doctrinal history, to a broader contextual study of law, looking at the operation of law in society. The article discusses the kind of historiography which developed in America after Hurst, before turning to what discuss what role doctrinal legal history can continue to play, both to inform historical and legal debates.

A critical legal history of French banking and industrialisation: an alternative to the law and development framework

2019 ◽  
Vol 7 (2) ◽  
pp. 215-251
Author(s):  
Jamee K Moudud
Keyword(s):  
Legal History ◽  
Constitutional Theory ◽  
Law And Development ◽  
Development Framework ◽  
History Of ◽  
The Law

Abstract Money is central to production and the constitutional theory of money has emphasised its fundamentally public foundations, with flows of credit being demand-determined. Using France as a case study, this paper challenges the Law and Development framework by discussing law’s constitutive role in promoting industrialisation via the mobilisation of credit.

scholarly journals De poëtica van het verbeelden van geschiedenis op broadcast televisie

2017 ◽  
Vol 20 (1) ◽  
pp. 78
Author(s):  
Berber Hagedoorn
Keyword(s):  
Collective Memory ◽  
Modern Society ◽  
Broadcast Television ◽  
Production Studies ◽  
The Past ◽  
Historical Accounts ◽  
Depth Interviews ◽  
Insight Into ◽  
Television Producers

In modern society, television is one of the most important media for presenting the past. This article focuses on the poetics of history on television broadcasts in relation to the manner in which these broadcasts present our past as well as our collective memory. This study rebuts criticism of television as a medium for historical accounts by demonstrating how professionals in the field actively display an extensive knowledge and understanding of the past, provide frameworks for the contextualization of audiovisual materials and depth, and apply and operate specific functions of different representation tools in their productions. To gain insight into the way television producers interact with history, this study combines qualitative textual analysis of the broadcasts and an approach from the field of production studies: diverse in-depth interviews and analysis of internal documents. The case study chosen for this research was Andere Tijden, a history program based on archive material and produced by NTR (formerly known as NPS) and VPRO for the Dutch Broadcast Foundation, from 2000 onwards. The case study demonstrates how television producers’ mediation of history is an important practice in the search for history and memories and the conservation and presentation thereof. The analysis reveals the possibility of more cohesive poetics with regard to history on broadcast television and offers insight into the objectives, strategies and conventions of television producers. Special attention is paid to the more implicit practices of selection and interpretation of material by television producers as curators of the past. These implicit practices are made explicit on a cultural-historical, institutional and textual level.

scholarly journals De Facto States and Democracy: The Case of Abkhazia

2016 ◽  
Vol 32 (32) ◽  
pp. 85-104 ◽  
Author(s):  
Vincenc Kopeček ◽  
Tomáš Hoch ◽  
Vladimír Baar
Keyword(s):  
International System ◽  
Field Research ◽  
Self Determination ◽  
Democracy Promotion ◽  
The Past ◽  
Historical Continuity ◽  
Democratic State ◽  
De Facto States ◽  
The Right

Abstract De-facto states constitute an interesting and important anomaly in the international system of sovereign states. No matter how successful and efficient in the administration of their territories they are, they fail to achieve international recognition. In the past, their claims for independence were based primarily on the right to national self-determination, historical continuity and claim for a remedial right to secession, based on alleged human-rights violations. Since 2005, official representatives of several de facto states have repeatedly emphasised the importance of democracy promotion in their political entities. A possible explanation of this phenomenon dwells in the belief that those states which have demonstrated their economic viability and promote the organization of a democratic state should gain their sovereignty. This article demonstrates the so called “democracy-for-recognition strategy” in the case study of Abkhazia. On the basis of the field research in Abkhazia we identify factors that promote, as well as those that obstruct the democratisation process in the country.

scholarly journals The Objectives of Shariah in Will: A Case Study of As-Salihin Trustee Company

2019 ◽  
Author(s):  
International Journal of Fiqh and Usul al-Fiqh Studies
Keyword(s):  
No Value ◽  
Public Interest ◽  
State Of Health ◽  
Human Beings ◽  
The Past ◽  
The Will ◽  
The Law ◽  
Made In ◽  
Good Deeds

Will (waṣiyyah) is a gift of property or a gift of the benefits of property which is established after the death of the testator. It is valid irrespective of it being made in a state of health or during the final illness. It was well known before Islam, but Islam introduced conditions for it, which did not exist in the past. In the pre-Islamic era, the owner of property simply used to make a will to whomever he wished and deprived whomever he wanted. This is why the will had no value during that era, till Islam came and approved it under certain conditions. The wisdom of Islamic Shariah requires the consideration of public interest in its various legislations. So, the Shariah always aims to achieve all those aspects whose benefits are well established, and to prevent all those aspects whose harms are well established. One of these legislations is making wills because human beings need it. This paper highlights the objectives of will, such as the Law Giver neither closed the door of doing good deeds, nor did He prevent from rectifying what is missing. So, He permitted His servants to make wills over a portion of their property, so that they can make up for their short comings and increase their good deeds before their deaths. This objective of will appears in the activities of the As-Salihin Trustee Company.

Whatever happened to Miss Bebb? Bebb v The Law Society and women’s legal history

Legal Studies ◽  
2011 ◽  
Vol 31 (2) ◽  
pp. 199-230 ◽  
Author(s):  
Rosemary Auchmuty
Keyword(s):  
Legal History ◽  
Legal Profession ◽  
Women's Lives ◽  
The Law ◽  
Historical Accounts

Gwyneth Bebb gave her name to a landmark case in the campaign to open the legal profession to women. In spite of this achievement, which is often mentioned but rarely analysed, historical accounts have given little or no attention to the woman or the campaign of which she was part; and what happened to her then and later has remained shrouded in mystery. The article finds that her disappearance was due in part to the circumstances of her life, outlined here, but mainly to the tendency of institutional histories, if they acknowledge women’s contribution at all, to present it as a simple (though discontinuous) tale of progress, thereby masking continuing prejudice and inequality. The article argues that women’s lives need to be properly examined to produce a more complete and truthful explanation of how things were, and how they are now.

Women’s Property Rights in Egypt and the Law of Levirate Marriage in the LXX

2019 ◽  
Vol 131 (4) ◽  
pp. 592-606 ◽  
Author(s):  
Jelle Verburg
Keyword(s):  
Property Rights ◽  
Reception Studies ◽  
The Past ◽  
The Law

Abstract If, as theorists of reception studies have argued, readers respond to the meanings that a text has accumulated in the past, this begs the question what the translators of the »first« translation of the Torah, the LXX, responded to. This paper presents a case study of the LXX of Deuteronomy 25:5–6, and argues that the translation is best understood if we assume that the translators were not just transferring a text form one language into another, but were also interacting with a tradition of interpretation and the extensive inheritance rights of women in Egypt.

Sign in / Sign up

Export Citation Format

Share Document