scholarly journals All of Life an Experiment

2020 ◽  
Vol 4 (1) ◽  
pp. 21-39
Author(s):  
Jared Harpt

US Supreme Court Justice Oliver Wendell Holmes, Jr. reshaped American free speech law through his Supreme Court opinions during World War I and after. This paper explores the oft-debated questions of whether and how Holmes’s free speech views changed between his legal education (during which he was taught that the common law’s bad tendency test allowed governments to punish any speech after it was uttered) and World War I (during which he created and developed the more expansive clear and present danger test). This paper argues that Holmes developed the underlying principles of his later free speech ideas in his writings on American common law, but that he only expressed those ideas in Supreme Court opinions after several other legal thinkers prodded him to do so.

Liars ◽  
2021 ◽  
pp. 89-105
Author(s):  
Cass R. Sunstein

Can people protect their reputations? What if someone is circulating vicious lies about them? The US Supreme Court has given broad protection to libelous statements, saying that it must do so in order to allow “breathing space” for free speech. That idea is a cornerstone of the law of free speech. But in the modern era, and in light of the potentially devastating effects of falsehoods on individual lives and democracy itself, constitutional law should be updated. People should be allowed to demand retractions when they have been libeled, and they should also be able to obtain at least a modest amount of compensation. Much more needs to be done to allow people to protect their good name.


2005 ◽  
Vol 54 (1) ◽  
pp. 185-196 ◽  
Author(s):  
Vaughan Lowe

It was Oliver Wendell Holmes who used the words ‘clear and present danger’ in the judgment of the US Supreme Court in the Schenk case in 1919.1 The Court upheld the conviction of Charles Schenk, general secretary of the American Socialist Party, under the 1917 Espionage Act, which prohibited attempts to obstruct military recruitment. Schenk had distributed leaflets allegedly calculated to cause insubordination and obstruction among recruits. He argued that his conviction was incompatible with the freedom of speech guaranteed by the First Amendment.


Author(s):  
Anne C. Dailey

This chapter surveys the long and important tradition of law and psychoanalysis in the United States beginning with the work of Oliver Wendell Holmes, Jr., up to the mid-twentieth century. While “tradition” may seem too strong a term for the diverse collection of psychoanalytic writings carried out by legal thinkers over the course of more than a half-century, what ties this work together is a shared recognition of the unconscious depths of the human psyche and the common questions that a psychoanalytic perspective on human behavior raises for law. As this chapter details, many early- to midcentury legal thinkers and judges turned to psychoanalytic ideas for help in addressing a broad set of concerns, including the value of free speech in a democracy, the processes of judicial decision-making, degrees of criminal responsibility, and child custody. The chapter focuses on those legal thinkers in this period whose attention was captured by the unconventional, sometimes even shocking, psychoanalytic ideas about the unconscious, guilt, free will, conflict, instinctual drives, sexuality, and early childhood experience. A study of the psychoanalytic tradition in American law is essential for understanding the vital contribution that contemporary psychoanalysis can make to law today.


2019 ◽  
Vol 16 (2) ◽  
pp. 543-560
Author(s):  
Funda Kızıler Emer ◽  
Esma Şen

Hermann Hesse, one of the most renowned and well-known Nobel laureates in German literature, is the first years of the 20th century, described in his novel, Beneath The Wheel (Unterm Rad, 1906). The film The White Ribbon. A German Children's Story. (Das Weiße Band. Eine deutsche Kindergeschichte, 2009) of Michael Haneke, one of the world-renowned screenwriters and directors of contemporary German cinema, covers the years of World War I 1913-1914.The main point of criticism in both works is the criticism of education and ideological education policies that dominated the period. In the two works of which one is a novel and the other is a film, we choose them as a  thematic aspect, cover the period between 1900 and 1914. In other words, in the first quarter of the 20th century, the criticism of education in Germany and all over Europe is criticized. In this study, we will compare the two German works with each other on the basis of this ‘common subject’. We will limit the comparative analysis of the education problem in selected works to the first quarter of the 20th century based on the time periods described in the works. Within the scope of our study, we will present a critique of the ideological education concept that dominated this period Germany and at the same time laid the foundations of World War I.In the analysis of these two works, which we compare in the common theme axis, we will use the comparative literature method. In the study, we will use an eclectic method in which we will harmonize the methods of text analysis (werkimmanent) and non-text extern (werk extern) in a balanced way.Extended English summary is in the end of Full Text PDF (TURKISH) file. ÖzetAlman edebiyatının Nobel ödüllü ve dünya çapında tanınmış çok yönlü yazarlarından biri olan Hermann Hesse’nin Çarklar Arasında (Unterm Rad, 1906) adlı romanında anlatılan zaman dilimi 20. yüzyılın ilk yıllarıdır. Çağdaş Alman sinemasının ödüllü ve dünya çapından ün salmış senarist ve yönetmenlerinden biri olan Michael Haneke’nin Beyaz Bant. Bir Alman Çocuk Öyküsü. (Das Weisse Band.  Eine deutsche Kindergeschichte, 2009) adlı sinema filmi ise I. Dünya Savaşı’nın patlak verdiği yılları 1913-1914 kapsar.Her iki eserde de temel eleştiri noktası, döneme egemen olan eğitim anlayışı ve ideolojik eğitim politikalarına yöneliktir. Çalışma konusu olarak seçtiğimiz biri roman, diğeri film türünde olan iki eser de tematik açıdan, 1900 ila 1914 yılları arasındaki dönemi kapsar. Yani eserlerde 20. yüzyılın ilk çeyreğinde Almanya’da ve tüm Avrupa genelinde egemen olan eğitim anlayışının eleştirisi yapılır. Biz de bu çalışmada, her iki Almanca eseri, saptadığımız bu ‘ortak konu’ ekseninde birbiriyle karşılaştıracağız. Seçtiğimiz eserlerdeki eğitim sorunsalının karşılaştırmalı analizini, eserlerde anlatılan zaman dilimlerini temel alarak yalnızca 20. yüzyılın ilk çeyreğine sınırlandıracağız. Çalışmamız kapsamında, bu dönem Almanya’sına egemen olan ve aynı zamanda I. Dünya Savaşı’nın temellerini atan ideolojik eğitim anlayışının eleştirisini sunacağız.Ortak tema ekseninde karşılaştıracağımız bu iki eserin analizinde temel olarak karşılaştırmalı edebiyat bilimi yöntemini kullanacağız. Çalışmada, ayrıca metiniçi (werkimmanent) ve metindışı (werkextern) metin inceleme yöntemlerini dengeli biçimde harmanlayacağımız eklektik bir yöntemden yararlanılacaktır.


2019 ◽  
Vol 117 (1) ◽  
pp. 47-78
Author(s):  
Emma Robertson ◽  
Lee-Ann Monk

During World War I in Britain, women workers took on previously men-only jobs on the railways. In response to this wartime development, the National Union of Railwaymen published a series of cartoons in their journal, Railway Review. These images depicted women employed as porters and guards, occupying the engine footplate, and acting in the role of station-mistress. Through a close reading of the cartoons, and related images in the journal, this article examines how the humorous portrayal of female railway workers reinforced masculine occupational identities at the same time as revealing ambiguities in (and negotiating anxieties over) the gendered nature of railway employment. Despite wartime labour shortages, certain occupations, notably the driving and firing of steam trains, remained stolidly men’s work and would do so until the late twentieth century. By scrutinising the construction of gendered occupational culture in union journals, we can better understand the tenacity of notions of “traditional” work for men and women on the railways.


Author(s):  
Catherine Robson

This chapter resurrects “The Burial of Sir John Moore after Corunna.” Charles Wolfe's poem, a reimagining of the hasty interment of a fallen general after one of the land battles in the Napoleonic wars, was repeatedly quoted by soldiers and other individuals during the American Civil War when they found themselves having to organize, or witness, the burials of dead comrades. In recent years, cultural historians of Great Britain have tried to account for the massive shift in burial and memorial practices for the common soldier that occurred between 1815 and 1915. The chapter argues that the presence of Wolfe's poem in the hearts and minds of ordinary people played its part in creating the social expectations that led to the establishment of the National Cemeteries in the United States, and thus, in due course, the mass memorialization of World War I.


Author(s):  
Aaron Shaheen

The chapter first shows how the spiritualized version of prosthetics originated in the Civil War, which rendered approximately 60,000 veterans limbless. Prominent physicians such as Oliver Wendell Holmes, Sr. and S. Weir Mitchell postulated that artificial limbs gave both physical and emotional solace to shattered soldiers, especially among those who suffered phantom limb syndrome. The devices’ “spiritual” potential proved limited, if not illusory; in fact, they were often so fragile, cumbersome, and painful that amputees simply preferred to go without them. Upon entering World War I, the United States created a rehabilitation and vocational program that aided injured veterans to reenter the workforce. Reflecting the way in which “personality” had come to replace a more traditional notion of spirit, orthopedists such as Joel Goldthwait and David Silver, both employed at Walter Reed Hospital, designed artificial limbs for both physical and psychological compatibility.


2019 ◽  
Vol 101 (1) ◽  
pp. 41-42
Author(s):  
Julie Underwood

Julie Underwood highlights three cases from the 2018-2019 U.S. Supreme Court term that have implications for education. In American Legion v. American Humanist Association (2019), the Court ruled that a cross on public land honoring World War I soldiers was not a violation of the Establishment Clause. In this ruling, the Justices criticized the Lemon test often used in cases related to religion in schools, but they did not invalidate it entirely. In Kisor v. Wilkie (2019), Justices expressed the belief that the Court should defer to administrative agencies in interpreting complex regulations and administrative guidance. This leaves room for the Department of Education and other agencies to reinterpret regulations for political or ideological reasons. In Department of Commerce v. State of New York (2019), the Court ruled that a citizenship question on the U.S. Census is acceptable, but the that Department of Commerce did not provide an acceptable reason for the decision. The outcome of this case could affect the census count, which would then affect how education funding is allocated.


2020 ◽  
Vol 26 (4) ◽  
pp. 953-978
Author(s):  
Rosella Cappella Zielinski ◽  
Ryan Grauer

States often fight side-by-side on the battlefield. As detailed in our new dataset, Belligerents in Battle, 178 of the 480 major land battles fought during interstate wars waged between 1900 and 2003 involved at least one multinational coalition. Though coalition partners fight battles together to increase their odds of securing specific objectives, they vary significantly in their capacity to do so. Why? Drawing on organization theory insights, we argue that coalitions’ variable battlefield effectiveness is a function of interactions between their command structures and the resources each partner brings to the fight. Coalitions adopting command structures tailored to simultaneously facilitate the efficient use of partners’ variably sized resource contributions and discourage free-riding, shirking, and other counterproductive actions will fight effectively; those that employ inappropriate command structures will not. Evidence from Anglo-French operations during World War I and Axis operations during World War II strongly supports our claim. For scholars, our argument and findings about the importance of military organizational dynamics for the operation and performance of coalitions raise important new questions and provide potential insights about coalition formation, duration, and termination. For practitioners, it is significant that, since 1990, 36 of 49 of major battles in interstate wars have involved at least one coalition and the majority of those coalitions have been, like the cases we study, ad hoc in nature. Understanding how command arrangements affect performance and getting organization right at the outset of wars is increasingly important.


Slavic Review ◽  
1975 ◽  
Vol 34 (3) ◽  
pp. 463-482
Author(s):  
Richard Kent Debo

In November 1917, the Bolshevik Party came to power in Russia with a foreign policy based on “proletarian internationalism” and the aim of spreading the socialist revolution to all parts of Europe. Developed by V. I. Lenin and Leon Trotsky this policy sought to take advantage of the disruption of European society caused by World War I to transform that conflict of state against state into a vast international civil war of class against class. Believing that the peoples of Europe were weary of war and ripe for revolution the Bolsheviks called for the negotiation of a “just and democratic peace” based on the principles of no annexations, no indemnifications and the liberation of all colonial, dependent and oppressed nations. The Bolsheviks hoped that bourgeois governments would be unable to accept these principles and that their failure to do so would generate sufficient popular unrest to ignite revolution everywhere in Europe.


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