Appropriating Law in Harriet Beecher Stowe's Dred

2007 ◽  
Vol 62 (3) ◽  
pp. 380-406 ◽  
Author(s):  
Laura H. Korobkin
Keyword(s):  
North Carolina ◽  
Legal System ◽  
Slave System ◽  
Personal Beliefs ◽  
Great Dismal Swamp ◽  
Dismal Swamp ◽  
The World ◽  
The Law ◽  
The Many ◽  
The Individual

This essay investigates Harriet Beecher Stowe's interpolation of State v. Mann, a harsh 1829 North Carolina proslavery decision, into her 1856 novel Dred: A Tale of the Great Dismal Swamp. The essay argues that Stowe's use of State v. Mann continues a conversation about slavery that had been carried on through its text for many years in abolitionist writings. Bringing State v. Mann's circulation history into view shows Stowe engaging the antislavery establishment as well as the legal system, borrowing and imitating its techniques for handling proslavery materials. If her novel is infiltrated and structured by the many legal writings that it assimilates, its fictive world in turn infiltrates, interprets, and alters the significance of the writings she employs, so that proslavery legal writings are made to testify strongly against the slave system that they originally worked to maintain and enforce. Stowe's hybrid text dominates the law while smoothly assimilating it into an interpretive fictive context. Simultaneously, Stowe's typographical cues remind readers of State v. Mann's ongoing, destructive extratextual legal existence. By linking fictive context to legal content, Stowe's novel suggests that slave law must be read and interpreted as a unit that includes the individual suffering it imposes. Misreading State v. Mann as revealing its author's belief in the immorality of slavery, Stowe constructs a fictional judge who upholds slave law despite his personal beliefs. By absorbing, imitating, and besting the strategies and the reach of both legal and abolitionist writings, Dred implicitly stakes a claim for the superior power of political fiction to act in the world.

Individuality and Beyond

2019 ◽  
Author(s):  
Benedetta Zavatta
Keyword(s):  
Moral Autonomy ◽  
First Line ◽  
Philosophical Interpretation ◽  
Individual Personality ◽  
The World ◽  
Regulative Ideal ◽  
Personal Library ◽  
The Many ◽  
The Individual ◽  
The Impact

Based on an analysis of the marginal markings and annotations Nietzsche made to the works of Emerson in his personal library, the book offers a philosophical interpretation of the impact on Nietzsche’s thought of his reading of these works, a reading that began when he was a schoolboy and extended to the final years of his conscious life. The many ideas and sources of inspiration that Nietzsche drew from Emerson can be organized in terms of two main lines of thought. The first line leads in the direction of the development of the individual personality, that is, the achievement of critical thinking, moral autonomy, and original self-expression. The second line of thought is the overcoming of individuality: that is to say, the need to transcend one’s own individual—and thus by definition limited—view of the world by continually confronting and engaging with visions different from one’s own and by putting into question and debating one’s own values and certainties. The image of the strong personality that Nietzsche forms thanks to his reading of Emerson ultimately takes on the appearance of a nomadic subject who is continually passing out of themselves—that is to say, abandoning their own positions and convictions—so as to undergo a constant process of evolution. In other words, the formation of the individual personality takes on the form of a regulative ideal: a goal that can never be said to have been definitively and once and for all attained.

scholarly journals Non-Delimitation of Incompetency Denotations in Jurisprudence and Law and the Contradiction of some of its Titles to the Law on Non-Litigious Matters

2019 ◽  
Author(s):  
Sorush Niknamian
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Civil Procedure ◽  
Legal Capacity ◽  
The Law ◽  
The Individual ◽  
The Mind

“Incompetency” literally means prohibition and it is commonly used to point to an individual being deprived of his rights to take possession of his properties and his financial rights by the law. And, in other words, the incompetents are the individuals that do not possess “the legal capacity to enjoy a certain right” and are deprived from taking possession of their properties and if such a taking possession of the properties by an incompetent occurs, it is invalid and cannot take effect. In the legal system of Islam, the individual with a sort of a disease that features certain types of conditions leading to the weakness of the mind or insanity is called an incompetent. But the example cases of the incompetent and incompetency have not been delimited in the jurisprudence and law. Thus, the investigation of the instruments of incompetency from the perspective of the jurisprudential texts and the statutory provisions via offering an assumption indicating the non-delimitation of the incompetency instruments scope has resulted in conflicts in the non-litigious affairs law with the civil procedure, the necessity to rethink the causes of insanity as one instrument of incompetency in the civil law, the centrality of the incompetency for its setting the ground for the exertion of the law and the non-litigious affairs regulations as well as the incompetency of some patients with nervous diseases like hysterical conversion and dissociative hysteria and so forth. Therefore, conceptualizing the incompetency, the present study aims at assessing, then criticizing and investigating, the proofs offered by the proponents and the opponents of the incompetency of the patients with hysteria so as to consequently conclude an assumption regarding the hysteric patients’ incompetency and the relevant contradictions, if any, with the non-litigious matters law and civil procedure.

scholarly journals Analyses of the E-Commerce Development in the World and China

2020 ◽  
Vol 23 (1) ◽  
pp. 155-160
Author(s):  
Olha Novikova ◽  
◽  
Kuan Zhang ◽  
Keyword(s):  
Legal System ◽  
Economic Globalization ◽  
Vital Role ◽  
Economic Activities ◽  
Negative Effects ◽  
Continuous Development ◽  
Development Platform ◽  
The World ◽  
The Individual ◽  
Different Characteristics

Abstract. With the development of economic globalization, people’s lives have undergone earth-shaking changes. The so-called economic globalization refers to the continuous development of production, accelerating technological progress, and the continuing improvement of the socialization and internationalization of production. The business activities of countries and regions in the world are increasingly beyond the scope of a country and region accompanied by the integration process of connection and interdependence. E-commerce is a small development that offered a brand-new transaction method that uses an electronic paperless method for operations. With the continuous development of information technology and the increasing prosperity of global economic activities, e-commerce has played a vital role in the national economy. Purpose. The main stages of e-commerce development in the world and China are summarized in this article together with the positive and negative effects of globalization on e-commerce. Under the influence of globalization, e-commerce has different characteristics and orientations. This article mainly focuses on the pros and cons of e-commerce, the general stages of its development in the world, and China, directions, and conditions for upcoming growth. Results. For e-commerce, now is the time for vigorous development. Therefore, it is necessary to improve and develop some national strategies for electronic trading methods. The future development of e-commerce depends on strategy and the legal system. First, we need to accelerate the construction of information networks, seek quality and standardization in development, and build a reliable information development platform that satisfies the individual needs of all members of the society. Secondly, it is needed to improve the legal system for online trade and take active measures to encourage and support more traditional enterprises and relocating their products and services to online selling platforms. National authorities should strengthen planning and guidance to ensure the healthy and stable development of e-commerce. Conclusions. Globalized economic activities have brought a broader market to e-commerce, but it still has the potential for future growth. For future business development, it is needed to control the integration processes and improve the system to make it better to serve the public.

scholarly journals Hydrologic conditions and simulation of groundwater and surface water in the Great Dismal Swamp of Virginia and North Carolina

2018 ◽  
Author(s):  
Jack R. Eggleston ◽  
Jeremy D. Decker ◽  
Jason S. Finkelstein ◽  
Frederic C. Wurster ◽  
Paul E. Misut ◽  
...  
Keyword(s):  
North Carolina ◽  
Surface Water ◽  
Great Dismal Swamp ◽  
Dismal Swamp ◽  
Hydrologic Conditions

The Expanding, Lop-Sided Universe of Social Influence and Law Research

2016 ◽  
Author(s):  
Linda Demaine ◽  
Robert Cialdini
Keyword(s):  
Social Influence ◽  
Legal System ◽  
Psychological Research ◽  
Legal Regulation ◽  
Uneven Distribution ◽  
Everyday Lives ◽  
The Social ◽  
System 2 ◽  
The Law ◽  
The Many

This chapter explores “social influence and the law,” which we conceptualize as consisting of three parts: (1) social influence in the legal system, (2) the legal regulation of social influence in our everyday lives, and (3) law as an instrument of social influence. Within each part, we identify the primary topics that psychologists have studied empirically and review the existing research. The chapter thus highlights the many and varied contributions of psychologists related to social influence and the law. The chapter also reveals a marked imbalance in the social influence and law literature—the vast majority of psychological research falls within the first part, despite the fact that the second and third parts capture equally or more important topics from both legal and psychological viewpoints. We end the chapter by explaining this uneven distribution of effort and urging psychologists to take a broader approach to social influence and the law.

O Que é Socioeducação? Uma Proposta de Delimitação Conceitual

2018 ◽  
pp. 71
Author(s):  
Eliseu De Oliveira Cunha ◽  
Maria Virgínia Machado Dazzani
Keyword(s):  
Justice System ◽  
Juvenile Justice System ◽  
Early Years ◽  
Educational Strategies ◽  
Educational Processes ◽  
The World ◽  
Theoretical Paper ◽  
The Law ◽  
Criminal Behaviors ◽  
The Individual

O termo “socioeducação” vem sendo amplamente utilizado no Brasil já há algumas décadas, especialmente, no terreno das tecnologias de atendimento a adolescentes em conflito com a lei. Todavia, parece não haver muita clareza em relação a que, precisamente, tal termo se refere, ao que se conclui que esse ainda carece de consistência conceitual. Este artigo teórico tem por escopo brindar a comunidade socioeducativa com uma proposta de delimitação conceitual para o termo, partindo do prescrutamento do percurso histórico do qual ele é tributário, bem como da análise crítica de sua utilização na legislação e na literatura. Tal perquirição histórico-legal conduziu à descoberta de que, no início do século XX, a compreensão de que, em seus anos iniciais, o indivíduo é mais suscetível à instrução e à correção adentrou o sistema de justiça juvenil, favorecendo a tese de que os menores infratores deveriam ser, em vez de punidos, reabilitados socialmente, por meio da educação. Desde então, uma intencionalidade corretora de condutas delitivas juvenis, mediante estratégias educativas, tem se alastrado pelo mundo, sob vários rótulos. Entende-se que a socioeducação é a versão brasileira e atualizada desse intento. Ela compreende os processos educativos direcionados aos adolescentes em conflito com a lei visando a não reincidência infracional. O estudo oferece uma contribuição ao desenvolvimento teórico da temática.Palavras-chave: Socioeducação. Definição. Conceituação. Medidas Socioeducativas. Adolescentes em Conflito com a Lei.AbstractThe term “socioeducation” has been widely used in Brazil already for some decades, especially in the area of care technologies for adolescents in conflict with the law. However, it seems that there is not much clarity about what it refers to, thus we conclude that it still lacks conceptual consistency. This theoretical paper aims to provide the socio-educational community with a proposal of conceptual delimitation for the term, starting from the historical route persecution from which it is tributary, as well as the critical analysis of its use in legislation and literature. This historical-legal perquisition led us to the discovery that in the early twentieth century the understanding that in the early years the individual is more susceptible to instruction and correction came in the juvenile justice system, favoring the thesis that minors offenders should be, rather than punished, socially rehabilitated through education.Since then, an intentionality of to correct juvenile criminal behaviors through educational strategies has spread around the world under several labels. We understand that socioeducation is the Brazilian updated version of this attempt. It refers to educational processes directed at adolescents in conflict with the law aiming at non-recurrence of infraction. The study offers a contribution to the topic theoretical development.Keywords: Socioeducation. Definition. Conceptualization. Socioeducative Measures. Adolescents in Conflict with the Law.

Framework for Analysis of Legal Mobilization: A Decision-Making Model

1982 ◽  
Vol 7 (4) ◽  
pp. 989-1071 ◽  
Author(s):  
Frances Kahn Zemans
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Legal Mobilization ◽  
Access To Justice ◽  
Relevant Variables ◽  
Individual Actor ◽  
The Law ◽  
American Legal System ◽  
The Individual ◽  
Decision Making Model

The American legal system, structured in an entrepreneurial mode, relies upon the individual actor to personally evaluate the burdens and benefits of invoking the law on his or her own behalf. Without discounting the contribution to our understanding of legal mobilization which has been made by the access-to-justice movement, the author argues that focusing on the poor and the distribution of legal services has limited our understanding of the legal system.The article presents an alternative analytic framework for examination of citizen use of the law. The model of legal mobilization presented focuses on demands rather than needs, on citizens rather than lawyers or judges, on decision making rather than access, and on invoking the law rather than compliance with it. Drawing on the literature and available empirical evidence, the author attempts to analytically clarify the complex process of legal mobilization by organizing relevant variables into a decision-making model that focuses on the individual actor and the factors weighed in deciding whether and how to proceed in mobilizing the law.

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