An Ambiguous Institution: Slavery, the State, and the Law in Colonial Massachusetts

2013 ◽  
Vol 3 (2-3) ◽  
pp. 154-180
Author(s):  
Jared Ross Hardesty

This essay examines the impact the state had in shaping slavery in colonial Massachusetts. Like other parts of the early modern English-speaking world, there was no legal precedent for slavery, meaning that positive law had to enforce and define the institution. Even more problematic for Massachusetts, however, the colonial assembly passed few statutes regarding slavery, leaving it to the courts and town selectmen to govern slavery on an ad hoc and informal basis. As opposed to strict slave codes in the Southern colonies, the legally ambiguous status of slavery in Massachusetts allowed slaves to make use of a legal system that granted them the right to a fair trial and full legal recourse. By using the courts, then, African-Americans created an innovative and effective path to freedom by the late colonial period.

2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.


1977 ◽  
Vol 17 (192) ◽  
pp. 111-127 ◽  
Author(s):  
Charles Zorgbibe

“Whenever a large organized group believes it has the right to resist the sovereign power and considers itself capable of resorting to arms, war between the two parties should take place in the same manner as between nations…” This statement by de Vattel in the 19th century seemed destined to take its place as a part of positive law, constituting part of what was known as recognition of belligerency, tantamount to the recognition by the established government of an equal status for insurgents and regular belligerents. When a civil war became extensive enough, the State attacked would understand that it was wisest to acknowledge the existence of a state of war with part of the population. This would, at the same time, allow the conflict to be seen in a truer light. The unilateral action of the legal government in recognizing belligerency would be the condition for granting belligerent rights to the parties. It would constitute a demonstration of humanity on the part of the government of the State attacked and would also provide that government with prospects for effective pursuit of the war. By admitting that it was forced to resort to war, it would at least have its hands free to make war seriously.


Author(s):  
Svetlana Koryagina ◽  
Irina Kravchenko

The article describes the impact of the Mass Media on the formation of the worldview of the young. This impact may be positive or negative. On the one hand, the media educate young people and enhance their participation in public life. On the other hand, they may mislead or promote false values, and manipulate the young generation’s consciousness. What helps people not to get involved into the tried-and-true crowd manipulation scheme in the media landscape is critical thinking, whose lack results in inability to choose the right guidelines in the flow of false information provided by various Media. The authors emphasize the role of the state, which, regarding the needs of the society, should enculturate the young generation, as well as exercise tight control over communication in the global web and publications in the Internet Media and social networks. One of the directions of the state’s policy is expanding the geography of information and communication technologies, and the other is ensuring information security of the young in general and adolescents in particular. To provide this, the state develops organizational and legal mechanisms aimed at protecting children from harmful information in the web, and requirements for the content, its expert evidence and government control. The article demonstrates the results of a study carried out by the authors to assess the current youth Media and their influence on criminality. The key criterion for selecting participants of the focus group was young age, since the young are the most active and the least protected players in the media landscape. The sampling was made by random choice in order to ensure equal opportunities for participation in the study.


2019 ◽  
Vol 60 (2) ◽  
pp. 207-236
Author(s):  
Chelsea Phillips

In her recent book on celebrity pregnancy, legal scholar Renée Ann Cramer writes, “in the years from 1970 to 2000, popular culture became more open to performances of pregnancy; once kept secret and articulated as private, pregnancy became ‘public.’” This is not wholly true. In the English-speaking world, “celebrity pregnancy,” with its overt performances of femininity and maternity, bodily monitoring, and careful dance between the concealment and revelation of private information, had its first public moment in the long eighteenth century. That century's professional theatre was a site for the intersection of two forms of women's labor: the maternal labor of pregnancy and birth, which affected women of all classes throughout a century with rapidly rising birth rates, and the theatrical labor of professional actresses. Although the latter has been the subject of much-needed study in recent decades, the impact of maternal labor on the professional theatre of the time is only beginning to be explored. Between 1700 and 1800, birth rates for middle- and upper-class British woman rose significantly. Among the aristocracy, rates doubled from four to eight children, and middle-class women averaged seven births by the end of the century. At the same time, women in the professional theatre were inventing and modeling new forms of public womanhood, capitalizing on a burgeoning culture of female celebrity, and, in some cases, wielding exceptional economic and artistic power. Though not all actresses had children, many did, and at rates that were not unlike those of their nontheatrical counterparts. For these women, the successful balancing of maternal and theatrical labor could be vital to their careers and, in many cases, their family's survival. The need to balance personal and professional demands was all the more imperative within the hectic and extremely competitive repertory system. The day-to-day repertory of a London company was of necessity a malleable thing, accommodating short runs of popular pieces, audience requests, illnesses and absences of company members, and the perpetual state of competition between the patent houses of Covent Garden and Drury Lane. To compete profitably, managers needed competent and popular performers (bodies) and performance vehicles (texts) in which to feature them. As the available bodies changed, then, so too did the available plays for performance.


2020 ◽  
pp. 219-233
Author(s):  
Jadwiga Potrzeszcz

In this article it was formulated the thesis on the existence of a natural hu­man right to security, and subsequently the analyse of the issue of the relation­ship between the natural human right to security and security as a constitutional human right. The primary objective of the research was to answer the question whether the natural human right to security influences the existence of security as a human right, guaranteed by positive law, in particular in constitutional law. The above analysis of the provisions of the Polish Constitution proved that the right to security as a constitutional human right was not expressly stated in any of these provisions. Certainly, the formulation of an explicit constitutional human right to security raises concerns about the scope of the citizen’s ability to enforce this right from the state, e.g. by means of a constitutional complaint. Regardless of the difficulties raised, it is worth interpreting the constitution­al human right to security from all the regulations of the Polish Constitution as a function of fundamental rights. In justified individual cases of violations, the constitutional human right to security may be derived from art. 30 of the Pol­ish Constitution, which stipulates that the inherent and inalienable dignity of man is the source of his rights and freedoms.


Author(s):  
David Bowie ◽  
Francis A. Buttle

The ideal person to write a review of books is definitely someone who has written a textbook himself. Bowie and Buttle indeed have made a promising effort to disseminate an important perspective on a subject related to hospitality. One might be quick to conclude that this text is just a dime a dozen and a window dressing of the first edition since not much space is dedicated to reflect on marketing theory and practice to the level of the state of the art. But this sort of unfair review is best left to those scholars who had experienced writing a textbook which is celebrated throughout the English speaking world, like Kotler or Drucker. The review here is a modest attempt to guide those who seek some idea and facts about the book before purchasing it.  


2020 ◽  
Vol 1 (2) ◽  
pp. 53-60
Author(s):  
Muksalmina Muksalmina

Marriage is the necessity of every human being in fulfilling the needs of his life as a social creature. Because the issue of marriage is an important affair to maintain the benefit of the whole community, then the State has the right to regulate this business in the form of clear rules with the aim to provide protection of law and order in the life of society. This study examines the legal aspects of marriage that occur in the community i.e. the marriage of Sirri. The marriage is lawful or not in the view of Islamic law and the positive law that often becomes a polemic in society causes a negative impact on the parties involved both husband, wife and child. The results of this research, can be concluded that the marriage of Sirri is valid either by Islamic law or positive law, but in the view of the Islamic law of marriage is unlawful.


Author(s):  
Hanif Miah

Bureaucracy is the management apparatus of a state administration. Even in private sector, bureaucratic organization is very much essential for its smooth functioning and betterment. A legalized domination of bureaucracy only can ensure highest efficiency of an organization in a country. But the state bureaucracy of Bangladesh not developed legally from Pre-colonial period to post-colonial phase as well as an independent Bangladesh eventually. The state bureaucracy of Bangladesh is patrimonial in nature based on personal interests. The politicians and bureaucrats are interdependent in various manners for the fulfillment of their purpose illegally in Democratic Bangladesh. Simultaneously, the impact of militarism still exists in state bureaucracy of Bangladesh as it faced military rule in several times.


Author(s):  
Visa A.J. Kurki

The chapter is a historical survey of the genealogy of legal personhood, offering context for how two central notions of modern legal philosophy—personhood and rights—developed. It traces how the Roman notions of personhood inspired Renaissance-era French and German scholars to start using persona in a distinct legal sense that would then, in nineteenth-century Germany, develop into a definition of persons as right-holders. This view was imported into the English-speaking world by John Austin, who had studied in Bonn, Germany. Austin would later influence the works of such influential jurisprudents as John Salmond and Wesley Newcomb Hohfeld.


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