The History of Modernization of Law

2010 ◽  
Vol 3 (1) ◽  
pp. 31-45
Author(s):  
Mohammad-Ali Forughi

AbstractMohammad Ali Khan, Zokā’ al-Molk, later Forughi, became Minister of Justice in December 1911 (until June 1912 and again from August 1914 to April 1915), following Moshir al-Dawla Pirniā and continuing the legal reform the latter had initiated in 1911. Forughi also served as Prime Minister of Iran several times, lastly in 1941-42 (1320), when he arranged the abdication of Reza Shah and the succession of his son, Mohammad-Reza Pahlavi, shortly before his death in November 1942. This lecture was given at the Faculty of Law and Political Science at the new University of Tehran is an important historical document that throws considerable light on the early stage of the modernization of Iran’s legal system. We are therefore publishing it in a translation which preserves the lecture format with only slight abridgement. Forughi’s informed account of legal modernization is prefaced by acute observations on the intrusion of modernity into the culture of Iran in the early twentieth century. (The Editor)

1998 ◽  
Vol 5 (2) ◽  
pp. 196-213 ◽  
Author(s):  
Linda Boxberger

AbstractThis essay examines a little-known economic institution known as ʿuhda sale which was highly elaborated in the ḥaḍramawt region of southern Arabia, where it was used to facilitate the availability of credit by allowing people to benefit from extending credit without breaking the Qurʾānic prohibition of Ribā. After considering the history of the practice in ḥaḍramawt and controversies associated with it, I analyze how the transactions worked and who participated in them, as reflected in nineteenth- and twentieth-century contracts. In addition, evidence culled from contemporary fatāwā shed light on some of the questions and problems which arose in the course of these transactions. The ʿuhda transaction in ḥaḍramawt illustrates the development of a utilitarian economic institution through the combined influences of local usage based on practical needs and local juristic decisions as to religious legitimacy. The transaction exemplifies the flexibility of the local legal system in response to economic need and social practice. It also illustrates the degree to which people of different genders, ages, and social backgrounds participated in financial transactions in this society.


2012 ◽  
Vol 114 (1) ◽  
pp. 1-27 ◽  
Author(s):  
Ethan L. Hutt

Background/Context Though the impact of the legal system in shaping public education over the last sixty years is unquestioned, scholars have largely overlooked the impact of the legal system on the early development and trajectory of public schools in America. Scholars have given particularly little attention to the period in the late nineteenth and early twentieth century, when states began passing laws requiring that children attend school for some portion of the year. These laws brought an end to the era of voluntary schooling in America while posing a difficult set of legal and educational questions for judges who had to interpret and apply them. The evolving logic of these decisions subsequently shaped the role, purpose, and form of education in America. Purpose/Objective/Research Question/Focus of Study This article offers a legal history of compulsory education in the late nineteenth and early twentieth century. In doing so, it seeks to understand the role that courts played in shaping the character and development of the modern school system by examining court cases that stemmed from the passage of compulsory schooling laws. By examining decisions from both before and after the passage of these laws, it is possible to trace shifts in judicial thinking about the role and purpose of these laws and to recognize the role that these rulings played in developing a specific vision—and particular grammar—of schooling. Research Design This article is a historical analysis that focuses exclusively on cases brought in state courts relating to the rights of parents to control the education of their child before and after the passage of compulsory schooling laws. Though the rulings examined were issued by individual state courts and state supreme courts, attention is paid to the sharing of ideas between courts from different states and the collective vision of the purpose of compulsory school laws that resulted. Conclusions/Recommendations The shift from voluntary to compulsory schooling that occurred at the turn of the century was attended by an equally dramatic shift in the educational vision articulated by judges. The courts began the period with a view of the aims of education as being synonymous with learning, only to end the period with a view of education as being synonymous with attendance at school—a change that represents a shift from educational substance to educational formalism. Thus, this article argues, the history of compulsory education is also the history of the rise of educational formalism, and the courts played an important, and as yet unrecognized, role in legitimating and facilitating a vision of schooling that privileged certainty and order over substance and complexity.


2020 ◽  
Vol 9 (4) ◽  
pp. 22-33
Author(s):  
T.N. GELLA ◽  

The main purpose of the article is to analyze the views of a famous British historian G.D.G. Cole on the history of the British workers' and UK socialist movement in the early twentieth century. The arti-cle focuses on the historian's assessment and the reasons for the workers' strike movement intensi-fication on the eve of the First World War, the specifics of such trends as labourism, trade unionism and syndicalism.


Author(s):  
Bill T. Arnold

Deuteronomy appears to share numerous thematic and phraseological connections with the book of Hosea from the eighth century bce. Investigation of these connections during the early twentieth century settled upon a scholarly consensus, which has broken down in more recent work. Related to this question is the possibility of northern origins of Deuteronomy—as a whole, or more likely, in an early proto-Deuteronomy legal core. This chapter surveys the history of the investigation leading up to the current impasse and offers a reexamination of the problem from the standpoint of one passage in Hosea.


2010 ◽  
Vol 17 (4) ◽  
pp. 305-323 ◽  
Author(s):  
Zhiwei Xiao

AbstractNo serious study has been published on how Chinese filmmakers have portrayed the United States and the American people over the last century. The number of such films is not large. That fact stands in sharp contrast not only to the number of "China pictures" produced in the United States, which is not surprising, but also in contrast to the major role played by Chinese print media. This essay surveys the history of Chinese cinematic images of America from the early twentieth century to the new millennium and notes the shifts from mostly positive portrayal in the pre-1949 Chinese films, to universal condemnation during the Mao years and to a more nuanced, complex, and multi-colored presentation of the last few decades.


1996 ◽  
Vol 30 (3) ◽  
pp. 549-571 ◽  
Author(s):  
William R. Pinch

According to Sir George Grierson, one of the pre-eminent Indologists of the early twentieth century, Ramanand led ‘one of the most momentous revolutions that have occurred in the religious history of North India.’Yet Ramanand, the fourteenth-century teacher of Banaras, has been conspicuous by his relative absence in the pages of English-language scholarship on recent Indian history, literature, and religion. The aims of this essay are to reflect on why this is so, and to urge historians to pay attention to Ramanand, more particularly to the reinvention of Ramanand by his early twentieth-century followers, because the contested traditions thereof bear on the vexed issue of caste and hierarchy in colonial India. The little that is known about Ramanand is doubly curious considering that Ramanandis, those who look to Ramanand for spiritual and community inspiration, are thought to comprise the largest and most important Vaishnava monastic order in north India. Ramanandis are to be found in temples and monasteries throughout and beyond the Hindi-speaking north, and they are largely responsible for the upsurge in Ram-centered devotion in the last two centuries. A fairly recent anthropological examination of Ayodhya, currently the most important Ramanand pilgrimage center in India, has revealed that Ramanandi sadhus, or monks, can be grouped under three basic headings: tyagi (ascetic), naga (fighting ascetic), and rasik (devotional aesthete).4 The increased popularity of the order in recent centuries is such that Ramanandis may today outnumber Dasnamis, the better-known Shaiva monks who look to the ninth-century teacher, Shankaracharya, for their organizational and philosophical moorings.


2021 ◽  
Vol 66 (1) ◽  
pp. 38-42
Author(s):  
MEDET TECHMURATOVICH JORAEV ◽  

The article is devoted to the aspects of scientific activity of the Russian Maritime Union. This public organization in the early twentieth century set itself the task of reviving the Russian imperial navy after the defeat in the russo - japanese war of 1904-1905. Meetings of a public organization where scientific problems were discussed are considered. Special attention is paid to the existing rules for publishing a collection of scientific papers by the leaders of the Russian Maritime Union. Information is given on issues related to the colonization of remote areas of Siberia and the Far East. The reasons for the lag of Russian commercial shipping from Western European countries are investigated. The prerequisites for the successful development of German commercial shipbuilding and shipping in the early twentieth century are analyzed. The relationship between the problems of development of Siberian rivers and the unsatisfactory economic condition of remote Russian territories is traced. The history of domestic public organizations and naval affairs in the early twentieth century is studied. In addition, the organization of the Russian maritime union for the promotion of naval knowledge is being considered. The public organization subscribed specialized foreign and domestic literature and created libraries on these issues, open to the public. Then the Russian maritime union attracted such technical innovations as cinematog- raphy and filmstrips to promote naval knowledge among the Russian population.


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