Family and the Law in Eighteenth-Century Fiction: The Public Conscience in the Private Sphere

1996 ◽  
Vol 91 (4) ◽  
pp. 976
Author(s):  
Marialuisa Bignami ◽  
John P. Zomchick
1994 ◽  
Vol 59 (3) ◽  
pp. 123
Author(s):  
Joseph F. Bartolomeo ◽  
John P. Zomchick

2019 ◽  
Vol 98 (2) ◽  
pp. 214-240
Author(s):  
W. W. J. Knox

This article challenges a series of orthodox propositions put forward by historians writing on the decline in homicide levels over the last three hundred years. Firstly, there was a decline in impulsive violence; secondly, there was a shift from stranger to intimate killing; and thirdly, there was a transition of the site of murder from the public to the private sphere. It will be argued that murder remained a mainly spontaneous action, a response to highly charged or impassioned insults and words, sometimes alcohol-fuelled and while the killing of spouses and other immediate family members increased over the course of 150 years (1700–1849), the pattern established in the second half of the eighteenth century was hardly disturbed since most victims were known to their assailants as family, friends or workmates. Stranger killing became more commonly associated with drunken brawls in taverns or in the streets; homicides that involved premeditative action, such as robbery, were rarely the cause of death. It is also clear that the street rather than the home was the most common location, again reflecting the spontaneous and opportunistic character of homicide.


2016 ◽  
Vol 49 (2) ◽  
pp. 237-266 ◽  
Author(s):  
Michal Tamir

The phenomenon of social exclusion in Israel is a vivid demonstration of the Basic Laws' failure to fulfil their integrative role. Despite the ‘constitutional revolution’ and the Supreme Court's ongoing endeavour over the last two decades to instil a bill of rights through its jurisprudence, Israeli society has failed to fully internalise values of equality. In terms of legal jargon, individuals continue to claim and exercise ‘sole and despotic dominion’ over their private property in order to avoid contact with individuals belonging to certain minority groups. In many cases, such behaviour in the private sphere results in exclusion from the public sphere.This phenomenon is especially astonishing considering the fact that many laws in Israel apply the right of equality to the private sphere. Furthermore, the Israeli Supreme Court has developed comprehensive human rights jurisprudence applicable to the private sphere. The gap between the law in the books and the law in action illustrates that effective implementation of human rights in the private sphere cannot be achieved solely by specific legislation or by jurisprudence that is sensitive to human rights. This argument is backed by several recent bills which preserve and enforce the exclusion of minorities, particularly of Arabs, from the public sphere. These bills illustrate that exclusion is indeed a growing phenomenon in Israeli society that cannot be overlooked. Moreover, they underscore the urgent need to entrench a direct obligation to apply human rights to the private sphere at the constitutional level. This will be achieved only when Israel adopts a full constitution.


Rural History ◽  
2013 ◽  
Vol 24 (1) ◽  
pp. 25-40 ◽  
Author(s):  
AUDREY ECCLES

Abstract:Madness has been a social problem from time immemorial. Wealthy lunatics were made royal wards so that their estates would be looked after, and the common law very early admitted madness and idiocy as conditions justifying the exemption of the sufferer from punishments for crime. But the vast majority of lunatics have never been either criminal or wealthy, and many wandered about begging, unwelcome in any settled community. Finally, in the eighteenth century, the law made some attempt to determine a course of action which would protect the public and theoretically also the lunatic. This legislation and its application in practice to protect the public, contain the lunatic, and deal with the nuisance caused by those ‘disordered in their senses’, form the subject of this article. Much has been written about the development of psychiatry, mainly from contemporary medical texts, and about the treatment of lunatics in institutions, chiefly from nineteenth-century sources, but much remains to be discovered from archival sources about the practicalities of dealing with lunatics at parish level, particularly how they were defined as lunatics, who made such decisions, and how they were treated in homes and workhouses.


2005 ◽  
Vol 114 (1) ◽  
pp. 61-70
Author(s):  
Maree Sainsbury

Australia introduced moral rights legislation in December 2000, giving effect to a doctrine that originated in civil law jurisdictions in the eighteenth century. The rights given effect to in Australia are the right of integrity, which allows the author to prevent derogatory treatment of their work, and the right of attribution, which mandates attribution of the author when the work is reproduced, published or otherwise communicated to the public. There is also the right to prevent false attribution of authorship. This article looks at the historical development of moral rights and examines why such an amendment to the law in Australia was necessary in a contemporary context. It discusses the implications of this amendment for the media and other industries.


Author(s):  
David S. Parker

In Montevideo in 1923, streetcar company executive Juan Cat shot at journalist and Communist parliamentarian Celestino Mibelli in the atrium of the Uruguayan Congress. Despite this premeditated assassination attempt in front of numerous witnesses, Cat was released, the judge accepting the possibility that his actions were in legitimate self-defense. The logic that led police, prosecutor, and judge to arrive at conclusions that seemed to contradict both the evidence and the law hinged upon, and in the process reveals, deeply conflicting ideas of honor, family, the public versus the private sphere, and the unwritten laws that governed journalism in 1920s Uruguay. Mibelli had published a series of scandalous newspaper stories, one involving Cat’s young daughter, and many Uruguayans identified with the aggrieved father, arguing that an attack on family honor was no different from a physical assault. The only legally and socially acceptable remedy for Cat was to challenge his slanderer to a duel, but Mibelli refused to accept challenges because he considered dueling elitist. In the end, the police report, the prosecutor’s brief, and the judge’s ruling each subtly distorted the details of the encounter to construct Cat’s attack as a quasi-duel, a frustrated attempt to “demand explanations” from Mibelli, following a ritualized script set down in the dueling codes of the era. Factually, Cat’s actions were no such thing, but by crafting the narrative of an “affair of honor” gone wrong, official lies reflected deeper cultural truths.


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