Formalism over Function: Compulsion, Courts, and the Rise of Educational Formalism in America, 1870–1930

2012 ◽  
Vol 114 (1) ◽  
pp. 1-27 ◽  
Author(s):  
Ethan L. Hutt
Keyword(s):  
Twentieth Century ◽  
Legal System ◽  
Compulsory Education ◽  
State Courts ◽  
Compulsory Schooling ◽  
Early Twentieth Century ◽  
Before And After ◽  
History Of ◽  
Late Nineteenth ◽  
The Impact

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.

Concepts of race in the Historicography of northeast Africa

1966 ◽  
Vol 7 (1) ◽  
pp. 1-17 ◽  
Author(s):  
Wyatt Macgaffey
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Political Development ◽  
Physical Anthropology ◽  
Social Processes ◽  
Late Nineteenth Century ◽  
Ideal Types ◽  
Early Twentieth Century ◽  
History Of ◽  
Late Nineteenth

Recent accounts of the proto-history of Africa use data from physical anthropology, but also concepts of race which physical anthropologists in general have abandoned as unsatisfactory; the paper seeks to explain this phenomenon sociologically. Late nineteenth-century political and sociological trends helped to produce patterns of thought which can no longer be regarded as affording adequate explanations of social processes. These patterns combined idealism, or the method of contrasting ideal types, with pseudo-Darwinism, which sought the origins of political development in the interaction of differently endowed groups. In African ethnography of the early twentieth century such concepts led to the view that the continent was inhabited by two groups, Caucasoids and Negroids, and by mixtures of the two which remained mixtures, to be analysed as such. The Caucasoid and Negroid types were regarded as absolute and universal, represented equally in the biological, linguistic, cultural and political aspects of man.

Debating the Legal Status of the Ornaments Rubric: Ritualism and Royal Commissions in Late Nineteenth- and Early Twentieth-Century England

2020 ◽  
Vol 56 ◽  
pp. 434-454
Author(s):  
Dan D. Cruickshank
Keyword(s):  
Twentieth Century ◽  
Legal Status ◽  
Church Of England ◽  
Royal Commission ◽  
The Public ◽  
Early Twentieth Century ◽  
History Of ◽  
Late Nineteenth ◽  
Parliamentary Oversight ◽  
The Church

This article uses the history of the Ornaments Rubric in the late nineteenth and early twentieth century to explore the emergence of claims to self-governance within the Church of England in this period and the attempts by parliament to examine how independent the legal system of the church was from the secular state. First, it gives an overview of the history of the Ornaments Rubric in the various editions of the Book of Common Prayer and the Acts of Uniformity, presenting the legal uncertainty left by centuries of Prayer Book revision. It then explores how the Royal Commission into Ritualism (1867–70) and the Public Worship Regulation Act (1874) attempted to control Ritualist interpretations of the Ornaments Rubric through secular courts. Examining the failure of these attempts, it looks towards the Royal Commission on Ecclesiastical Discipline (1904–6). Through the evidence given to the commission, it shows how the previous royal commission and the work of parliament and the courts had failed to stop the continuation of Ritualist belief in the church's independence from secular courts. Using the report of the royal commission, it shows how the commissioners attempted to build a via media between strict spiritual independence and complete parliamentary oversight.

The History of Modernization of Law

2010 ◽  
Vol 3 (1) ◽  
pp. 31-45
Author(s):  
Mohammad-Ali Forughi
Keyword(s):  
Twentieth Century ◽  
Political Science ◽  
Legal System ◽  
Prime Minister ◽  
Early Stage ◽  
Legal Reform ◽  
Historical Document ◽  
Early Twentieth Century ◽  
History Of ◽  
Lecture Format

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)

A PRACTICAL TURN: ELIE HALEVY'S EMBRACE OF POLITICS AND HISTORY

2014 ◽  
Vol 12 (1) ◽  
pp. 151-171
Author(s):  
JOEL REVILL
Keyword(s):  
Twentieth Century ◽  
Historical Study ◽  
Early Twentieth Century ◽  
Modern Britain ◽  
History Of ◽  
Late Nineteenth ◽  
English Politics

Elie Halévy's legacy is bounded by the two primary objects of his scholarly interest: the history of modern Britain and the study of French socialist doctrines. Taken together, his writings on temperate English politics and occasionally intemperate French socialists cemented his status as a leading French liberal of his generation. Read out of context, the tone of his criticism of wartime socialization and the growth of wartime governments has given him a conservative reputation in some circles and inspired a backlash among historians seeking a more progressive Halévy in his prewar writings. Meanwhile, the depth of his historical study of Britain has elicited several discussions of Halévy's turn from philosophy to history at the end of the 1890s. The portrait of Halévy that emerges in light of his historical studies of England and of French socialism is detailed, accurate, and flattering, but, like any portrait, it is incomplete. Before he was a historian, Halévy was a philosopher, and before he mastered his craft in the early twentieth century, Halévy struggled to find his voice in the late nineteenth.

Raqqa: The Forgotten Excavation of an Islamic Site in Syria by the Ottoman Imperial Museum in the Early Twentieth Century

2014 ◽  
Vol 30 (1) ◽  
pp. 73-93 ◽  
Author(s):  
Ayşin Yoltar-Yildirim
Keyword(s):  
Twentieth Century ◽  
Medieval Period ◽  
Archaeological Excavation ◽  
Early Twentieth Century ◽  
Archival Documents ◽  
History Of ◽  
Late Nineteenth ◽  
Islamic Archaeology ◽  
Shed Light ◽  
The Way

Raqqa, in Syria, was the only Islamic site excavated by the Ottoman Imperial Museum during its existence in the late nineteenth and early twentieth century. Although the Imperial Museum may not have been searching specifically for an Islamic site of the medieval period to excavate, its response to the plundering of Raqqa, which began as early as 1899, was to pursue an archaeological excavation in a systematic manner. Two campaigns were conducted, under the directorships of Macridy and Haydar Bey, in 1905–6 and 1908 respectively. Although not lasting more than a couple of months, they were relatively important from the perspective of the Imperial Museum and Islamic archaeology at that time. This article focuses on the history of these Raqqa excavations, namely, the reasons the Imperial Museum began excavating there, how it conducted its excavations, and, finally, the finds and the way they were displayed at the Museum. Existing archival documents on the excavation, along with the earliest inventories of the finds in the Imperial Museum and the personal letters of Macridy, all hitherto unpublished, are analyzed in order to shed light on these long forgotten excavations.

Avoiding Ribā: Credit and Custodianship in Nineteenth- and Early-Twentieth Century ḥaḍramawt

1998 ◽  
Vol 5 (2) ◽  
pp. 196-213 ◽  
Author(s):  
Linda Boxberger
Keyword(s):  
Twentieth Century ◽  
Legal System ◽  
Social Practice ◽  
Early Twentieth Century ◽  
History Of ◽  
Southern Arabia ◽  
Economic Need ◽  
Financial Transactions ◽  
Shed Light ◽  
Economic Institution

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.

scholarly journals Towards a Critical History of Connection: The Port of Colombo, the Geographical “Circuit,” and the Visual Politics of New Imperialism, ca. 1880–1914

2017 ◽  
Vol 59 (2) ◽  
pp. 346-384 ◽  
Author(s):  
Sujit Sivasundaram
Keyword(s):  
Twentieth Century ◽  
Mass Tourism ◽  
Infrastructural Development ◽  
Critical History ◽  
Visual Politics ◽  
Early Twentieth Century ◽  
Production And Consumption ◽  
History Of ◽  
New Imperialism ◽  
Late Nineteenth

AbstractConnections, circuits, webs, and networks: these are concepts that are overused in today's world histories. Working from a commitment to reflexive historicization, this paper points to one moment in the consolidation of these terms: the late nineteenth- and early twentieth-century visual politics of “new imperialism.” Utilizing photographs, engravings, postcards, letters, and colonial documents, the paper argues that connection was mesmerizing and can still mesmerize the historian. Being connected became possible because of visual and infrastructural projects that allowed the production and consumption of lines that literally cut sea and land. At a time of high empire, and in accordance with the dictates of Imperial Geography, particular locales or “nodes” were thus positioned in the “global.” To mount this critique of our language, the paper focuses on the infrastructural development of the port of Colombo, alongside the thinking of Halford Mackinder, the building of breakwaters in Colombo, the arrival of mass tourism, projections of capitalist improvement for the business of transshipment, and the use of the port by Indian laborers on their way to Ceylon's highland plantations. By attending to the place where connection is wrought, its material workings, and its traces in the visual, intellectual, and capitalist archive, it is argued that connectivity's forgettings and displacements come more forcefully into view. If connection had an evacuating character and could be so imperialist, what of its status in our writings?

John Redfern and Sons, 1847 to 1892

Costume ◽  
2008 ◽  
Vol 42 (1) ◽  
pp. 145-168 ◽  
Author(s):  
Susan North
Keyword(s):  
Twentieth Century ◽  
Early Years ◽  
Early Twentieth Century ◽  
History Of ◽  
Late Nineteenth ◽  
Courtauld Institute

John Redfern's name appears frequently in the history of couture and late nineteenth- and early twentieth-century fashion, but information on his business is limited. The following is based on research done for the author's MA in the history of dress at the Courtauld Institute in 1993. It examines John Redfern's early years as a draper and how by 1892, he had become the leading ladies' tailor in Britain and France.

scholarly journals Three Italian Illuminated Cuttings in the Royal Library of Copenhagen: the Master B. F., Attavante and the Master of Montepulciano Gradual I

2017 ◽  
Vol 56 ◽  
pp. 9
Author(s):  
Eleonora Mattia
Keyword(s):  
Twentieth Century ◽  
Fourteenth Century ◽  
Point Of View ◽  
The Other ◽  
Artistic Production ◽  
History Of Collecting ◽  
Early Twentieth Century ◽  
History Of ◽  
Late Nineteenth ◽  
Catalogue Raisonne

Eleonora Mattia: Three Italian illuminated Cuttings in the Royal Library of Copenhagen Some observations on the history of collecting illuminated cuttings serve to introduce three unpublished Italian fragments that are part of a collection of illuminated fragments conserved in the Royal Danish Library. The miniatures are described from the point of view of their liturgical and art-historical content and are presented in the form of entries in a catalogue raisonné. The Master B. F., who grew up under the shadow of Leonardo de Vinci, was among those miniaturists most sought-after by collectors in the late nineteenth and early twentieth century because of his evident stylistic debts to the great painter. The beautiful miniature in Copenhagen can now be added to the other known works of this Master and is critical not only to the reconstruction of his corpus, but also for the history of collecting, as it comes from the prestigious Holford Collection. It was already correctly attributed when it entered the collection of the Royal Library; it is here inserted into the activity of the artist, a dating is proposed, and a provenance is suggested from the series of choir books in the monastery of Santi Angelo e Nicolò a Villanova Sillaro in Lombardy, which were broken up around 1799. The Danish cutting here attributed to Attavante has a specific iconography that demonstrates an originality and an independence from models followed by contemporary Florentine painting, qualities not always acknowledged to the well known miniaturist whose extensive figurative production has sometimes been considered repetitive. A third fragment is here attributed to the Pisan Master of Montepulciano Gradual I. This anonymous miniaturist is at the centre of the most recent and innovative studies of fourteenth-century Tuscan painting: his activity belongs to the diversified texture of artistic production between Florence and its nearby cities, with expressive modalities independent of the tradition of the more strictly Giottesque masters. The miniature attributed to him here is to be added to the catalogue of his works, dispersed as they are in many European and American collections.

Sign in / Sign up

Export Citation Format

Share Document