“The purity of my blood cannot put food on my table”: Changing Attitudes Towards Interracial Marriage in Nineteenth-Century Buenos Aires

2001 ◽  
Vol 58 (2) ◽  
pp. 201-220 ◽  
Author(s):  
Jeffrey M. Shumway
Keyword(s):  
Nineteenth Century ◽  
Family Life ◽  
Buenos Aires ◽  
Interracial Marriage ◽  
Men And Women ◽  
Minor Children ◽  
The Right ◽  
Parental Opposition ◽  
Changing Attitudes ◽  
Do So

Lorenzo Barbosa had a big problem with his daughter Josefa. In June 1821, in Buenos Aires, young Josefa Barbosa was in love with Pascual Cruz. What bothered Lorenzo was that Pascual was a mulatto, while the Barbosa family was white. When the couple asked his permission to marry, Lorenzo vehemently opposed the union and withheld his consent. He was acting within his rights, since minor children (men and women younger than 25 and 23 respectively) were required by law to obtain parental permission to marry. To bolster his case, Lorenzo invoked the power of a colonial law issued in 1778, known as the Royal Pragmatic on marriage, which gave parents the right to block their children's marriages to “unequal partners.” Even though Buenos Aires had broken away from Spain in 1810, most colonial laws regarding family life, including the pragmatic, continued in force into the national period. But just as in colonial times, children retained the right to challenge parental opposition in court. If they chose to do so, the resulting case was known as a disenso.

scholarly journals Case of Bistieva and Others v. Poland

2020 ◽  
Vol 8 (2) ◽  
pp. 129-139
Author(s):  
Anna Magdalena Kosińska
Keyword(s):  
Family Life ◽  
European Convention ◽  
The European Union ◽  
Council Of Europe ◽  
Irregular Migrants ◽  
Alternative Measures ◽  
Minor Children ◽  
The Republic ◽  
The Right ◽  
Article 5

The present commentary concerns the claims alleging a violation under Article 5 paragraph 1 (the right to liberty and security of a person) and paragraph 4 (the right to take proceedings to determine the lawfulness of the detention) of the European Convention on Human Rights and Article 8 (the right to respect for private and family life) ECHR by using detention by the Republic of Poland for the period of almost 6 months with regard to a family of third-country nationals. The applicant in the case was a national of Russia, Zita Bistieva and her three minor children. The judgement under discussion is significant from the perspective of strengthening the guarantees for the protection of the rights of irregular migrants in the system of both the Council of Europe and the European Union, on the grounds of the concept of equivalent protection adopted in EU primary law. The ruling in question also refers to the fact that the Member States do not sufficiently resort to alternative measures with regard to the detention of foreign nationals.

scholarly journals To Love, Honour and Obey

2013 ◽  
Vol 19 (2) ◽  
pp. 128-140
Author(s):  
Kathryn Harvey
Keyword(s):  
Nineteenth Century ◽  
Working Class ◽  
Lived Experience ◽  
Family Life ◽  
Historical Record ◽  
Men And Women ◽  
Wife Battering

This paper aims to reconstruct some of the causes and the context of wife-battering in Montreal between the years 1869-1879. It seeks to determine what the immediate causes were as well as the underlying factors that shaped these conflicts. It also describes how the individuals involved responded, what the role of neighbours was and how this problem was viewed by the society at large. At a broader level, this research seeks to insert one largely ignored aspect of women's lived experience into the historical record while furthering our knowledge of relationships between men and women and working-class family life in general in the mid nineteenth century.

Scripture and Society in Modern Muslim Asia—A Symposium Introduction

1993 ◽  
Vol 52 (3) ◽  
pp. 559-564 ◽  
Author(s):  
John R. Bowen
Keyword(s):  
Nineteenth Century ◽  
Religious Education ◽  
Social Reform ◽  
Political Movements ◽  
Men And Women ◽  
Modern Period ◽  
Wide Range ◽  
Muslim Men ◽  
Do So

Since the late nineteenth century, Muslim movements for religious and social reform have underscored the value of making scripture accessible to a broad public. Scholars and activists alike have urged ordinary Muslim men and women to study and follow the Qur'ān and the hadīth (the reports of the Prophet Muhammad's words and deeds), and to do so they have rendered these scriptural writings and commentaries on them into the vernaculars of Asia, Africa, and Europe. They have also framed a wide range of appeals—to study the sciences, to modernize society, to stage a revolution—in the language and format of scriptural commentary. Vernacular writings (and, more recently, audio and videocassettes) based on scripture provide the foundations of popular religious education (Shahrani 1991), figure prominently in political movements (Fischer 1980; Kepel 1985), and serve as guides for living for Muslims traveling outside their homelands (Kepel 1987). The modern period has seen an explosion in the range of languages, genres, and contexts in which Muslims have authoritatively deployed scripture.

Transformation in homespun: Power and creativity in early nineteenth-century Hawaiian cloth manufacturing

2021 ◽  
Vol 12 (1) ◽  
pp. 49-66 ◽  
Author(s):  
Sarah Kuaiwa
Keyword(s):  
Nineteenth Century ◽  
New England ◽  
Foreign Bodies ◽  
Early Nineteenth Century ◽  
John Adams ◽  
Men And Women ◽  
Cloth Production ◽  
Hawaiian Kingdom ◽  
Do So

Between 1837 and 1840, governor and chief John Adams Kuakini engaged in cotton farming and cloth production, the first Hawaiian to ever do so. His success in running a cloth-making operation was not done alone, however, but with the guidance from New England Congregationalist missionaries who introduced homespun to Kuakini and hired foreigners and makaʻāinana men and women labourers. This article explores Kuakini’s motivations for investing in cloth-making through the lens of his chiefly power, with special attention to the ways in which Kuakini asserted dominance over those who challenged him and those he believed were subservient to him. I examine Kuakini’s motivations and foray into cloth-making, which differed greatly from Congregational Christian ideas about cloth-making, further demonstrating how Kuakini’s power in the early Hawaiian Kingdom extended over both native and foreign bodies.

MINOR MARRIAGES AND KHIYĀR AL-BULŪGH IN OTTOMAN PALESTINE: A NOTE ON WOMEN'S STRATEGIES IN A PATRIARCHAL SOCIETY

2002 ◽  
Vol 9 (3) ◽  
pp. 386-409 ◽  
Author(s):  
Mahmoud Yazbak
Keyword(s):  
Nineteenth Century ◽  
Child Marriage ◽  
Court Records ◽  
Muslim Society ◽  
Legal Documents ◽  
Patriarchal Society ◽  
The Right ◽  
A Minor ◽  
Do So

AbstractSharī'a court records (sijills) are legal documents that summarize discussions that took place in the courtroom. They also contain a wealth of detail on various aspects of Muslim society. Drawing on different sijills from nineteenth-century Palestine and fatwās of Khayr al-Dīn al-Ramlī, I examine the phenomenon of child marriage and the practice of khiyār al-bulūgh, literally "option of puberty". If a natural guardian contracts a marriage for a minor child, male or female, the child may not subsequently have the contract annulled. Whereas a boy enjoys the right to divorce his wife through the mechanism of talāq as soon as he reaches his majority, a girl who reaches her majority must approach the court if she wants to dissolve a marriage (faskh), and she may do so only if she was married while a minor by a non-natural guardian. In this case, she may exercise her right of khiyār al-bulūgh immediately upon reaching her legal majority, i.e., at the onset of her first menstruation. But she must make a public declaration of the occurrence of menstruation so that the persons who hear the declaration may serve as witnesses on her behalf.

scholarly journals THE IMPORTANCE OF GENDER EQUALITY IN MAINTAINING SOCIAL JUSTICE AND WOMEN’S CONTRIBUTION TO THE DEVELOPMENT OF SOCIETIES

2021 ◽  
Vol 02 (06) ◽  
pp. 49-52
Author(s):  
Oydinoy Marat Qizi Ergasheva ◽  
Keyword(s):  
Public Administration ◽  
Women In Politics ◽  
Ancient Greek ◽  
Men And Women ◽  
Legal Norms ◽  
Participation Of Women ◽  
The Right ◽  
Greek Scholar ◽  
The City ◽  
Do So

Although we have information about the unique participation of women in politics in every period of human history, it is the truth that the right and opportunity to do so in public administration does not apply to every woman in society and is not guaranteed by legal norms. Ancient Greek poets, such as Socrates, Aristotle, and Plato, referred to the city as the best state in which equality and justice reigned in society. as the best laws, they also put forward laws that guaranteed everyone equality. Applying the idea of equality between men and women in his writings, the Greek scholar Antifont stated, "Nature creates all: women and men equally, but people develop laws that make people unequal." Abu Nasr al-Farabi, one of the encyclopedic scholars of the East, in his City of Noble People, described a state that ruled equality as a state that aspired to virtue recognized as entitled.

THE IDEA OF «COMMUNITY» IN THE GOVERNMENT CONCEPTS OF GALICIA OF THE XIX – BEGINNING OF THE XX CENTURY

2019 ◽  
pp. 15-21
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Nineteenth Century ◽  
19Th Century ◽  
Practical Significance ◽  
Distinctive Features ◽  
Legal Studies ◽  
Legal Principle ◽  
General Scientific ◽  
The Government ◽  
The Right ◽  
The 19Th Century

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.

العربية المقاربة المقاصديّة في ردّ ابن فودي على القادح في جلستهم الدعويّة

2018 ◽  
Vol 6 (3) ◽  
Author(s):  
Alawiye Abdulmumin Abdurrazzaq ◽  
Ahmad Wifaq Mokhtar ◽  
Abdul Manan Ismail
Keyword(s):  
Nineteenth Century ◽  
West Africa ◽  
Subject Matter ◽  
Analytical Methods ◽  
Men And Women ◽  
The Subject

This article is aimed to examine the extent of the application of Islamic legal objectives by Sheikh Abdullah bn Fudi in his rejoinder against one of their contemporary scholars who accused them of being over-liberal about the religion. He claimed that there has been a careless intermingling of men and women in the preaching and counselling gathering they used to hold, under the leadership of Sheikh Uthman bn Fudi (the Islamic reformer of the nineteenth century in Nigeria and West Africa). Thus, in this study, the researchers seek to answer the following interrogations: who was Abdullah bn Fudi? who was their critic? what was the subject matter of the criticism? How did the rebutter get equipped with some guidelines of higher objectives of Sharĩʻah in his rejoinder to the critic? To this end, this study had tackled the questions afore-stated by using inductive, descriptive and analytical methods to identify the personalities involved, define and analyze some concepts and matters considered as the hub of the study.

Heinrich von Kleist and the Right to War

Romanticism ◽  
2018 ◽  
Vol 24 (3) ◽  
pp. 245-254
Author(s):  
Jan Mieszkowski
Keyword(s):  
Heinrich Von Kleist ◽  
The Right ◽  
Do So

This essay explores the conceptualization of warfare in Romanticism. The focus is on two plays by Heinrich von Kleist, Penthesilea and Prince Friedrich von Homburg. I begin by discussing Carl von Clausewitz's influential understanding of conflict and the problems that arise when he attempts to explain the interdependence of warring parties. I go on to argue that in Kleist's dramas war is a competition between different languages of authority. When no coherent paradigm of agency emerges from this contest, the right to wage war is revealed to be anything but a guarantee that one knows how to do so.

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