British Conservatism in the Twentieth Century: An Emerging Ideological Tradition

1987 ◽  
Vol 19 (4) ◽  
pp. 549-578 ◽  
Author(s):  
John D. Fair ◽  
John A. Hutcheson

Lord Acton, one of the most formidable intellects of the last century, was a master of transforming seemingly complicated or contradictory principles into concise epigrammatic statements. Attempting to reconcile Edmund Burke's many liberal views with his reputed Conservatism, Acton asked why was Burke “not an entire liberal? How thoroughly he wished for liberty—of conscience—property, trade, slavery, etc. What stood against it? His notion of history. The claims of the past. The authority of time. The will of the dead. Continuity.” One of the most important lessons to be derived from Burke's writings—recognized by countless authorities as the wellspring of modern British Conservatism—is that Conservatism is not so much a system of thought or ideology as it is a general inclination and regard for history. The behavior of the Conservative Party has been governed by precedent and pragmatism rather than by rationalism and idealism. Words such as dogma, program, or even policy have never been part of its lexicon, whereas such words as spirit, tradition, or even “way“ have more aptly described its approach to politics.By the twentieth century the Conservative Party's preference for lessons from the past (in accordance with England's common law tradition) to any scientifically derived formulas had gained for it the twin monikers of “the national party” and “the stupid party.” But Conservatism does not claim to possess the “keys or the Kingdom,” notes Ian Gilmour, an active politician and Conservative theoretician. “There is no certainty about the route and no certainty about the destination. As Burke said of himself, the lead has to be heaved every inch of the way.” Such is the way that modern British Conservatives, at least, have wished to perceive themselves.

Author(s):  
James Gordley

‘Classical’ contract law was built on a substantive premise about contract law and two premises about legal method. The substantive premise was voluntaristic: the business of contract law is to enforce the will or choice of the parties. The first methodological premise was positivistic: the law is found, implicitly or explicitly, in the decisions of common law judges. The second methodological premise was conceptualistic: the law should be stated in general formulas which can be tested by their coherence. Finally, ‘classical’ contract law reflected an attitude about how best to steer a course — as every legal system must — between strict rules and equitable considerations. Since the early twentieth century, classical contract law has been breaking down. Allegiance to its premises has weakened as has the preference for rigor. At the same time, scholars have found classical law to be inconsistent even in its own terms. Nevertheless, much of it has remained in place faute de mieux while contemporary jurists have tried to see what is really at stake in particular legal problems. This article describes their work.


2001 ◽  
Vol 60 ◽  
pp. 218-221
Author(s):  
Kathleen Banks Nutter

More than half a century ago, “No Documents, No History” was the rallying cry of women's historian and archivist Mary Ritter Beard. In that spirit, the Sophia Smith Collection (SSC) at Smith College in Northampton, Massachusetts, sponsored a two-day conference from September 22–23, 2000, to celebrate the opening of eight collections that document the incredible achievement of six women and two organizations in the collective struggle for social change throughout the twentieth century. In the papers of Mary Metlay Kaufman, Dorothy Kenyon, Constance Baker Motley, Jessie Lloyd O'Connor, Frances Fox Piven, and Gloria Steinem, and in the records of the National Congress of Neighborhood Women and the Women's Action Alliance can be found primary documents associated with the ongoing quest for social justice. The potential impact of movement history based on such archival holdings is immense. As conference organizer Joyce Clark Follet noted in her opening remarks, such documentation can change the way we think about the past, thus changing the way we think about the future.


Author(s):  
Don Herzog
Keyword(s):  
Tort Law ◽  
The Dead ◽  
The Law ◽  

If you defame the dead, even someone who recently died, tort law does not think that’s an injury: not to the grieving survivors and not to the dead person. This book argues that defamation is an injury to the recently dead. It explores history, including the shaping of the common law, and offers an account of posthumous harm and wrong. Along the way, it offers a sustained exploration of how we and the law think about corpse desecration.


Open Theology ◽  
2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Oleg Bychkov

AbstractOver the past two decades, the debate has intensified over the nature of John Duns Scotus’s (meta) ethics: is it a purely voluntarist “divine command” ethics or is it still based on rational principles? The former side is exemplified by Thomas Williams and the latter by Allan Wolter. Scotus claims that even the divine commandments that are not based on natural law are still somehow “in harmony with reason.” But what does this mean? Richard Cross in a recent study claims that God’s reasons for establishing certain moral norms are “aesthetic.” However, he fails to show clearly what is “aesthetic” about these reasons or why God’s will would follow “aesthetic” principles in legislating moral norms. This article clarifies both points, first, by painting an up-to-date picture of what constitutes “aesthetic” principles, and second, by providing a more accurate model of the way the human volitional faculty operates and addressing the problem of the “freedom of the will” from a present-day point of view.


2010 ◽  
Vol 40 (3) ◽  
pp. 273-306 ◽  
Author(s):  
Emma Wild-Wood

AbstractApolo Kivebulaya was a well-respected Ganda priest who, beginning in the 1890s, established Anglican churches in Toro, Uganda, and in the Boga area of what is now Congo. A CMS colleague, A.B. Lloyd, wrote three popular biographies of Apolo for a British readership that inspired the writing of others. This article examines the style and content of Lloyd’s biographies and explores the factors that influenced them, including Keswick spirituality and boys’ adventure stories. It demonstrates early twentieth-century expectations of missionary heroism, and suggests that the way in which Apolo has been read in the past has influenced his relative neglect in the present.


Author(s):  
Donald Bloxham

What is the point of history? Why has the study of the past been so important for so long? Why History? A History contemplates two and a half thousand years of historianship to establish how very different thinkers in diverse contexts have conceived their activities, and to illustrate the purposes that their historical investigations have served. At the core of this work, whether it is addressing Herodotus, medieval religious exegesis, or twentieth-century cultural history, is the way that the present has been conceived to relate to the past. Alongside many changes in technique and philosophy, Donald Bloxham’s book reveals striking long-term continuities in justifications for the discipline. The volume has chapters on classical antiquity, early Christianity, the medieval world, the period spanning the Renaissance and the Reformation, the era of the Enlightenment, the nineteenth and early twentieth century, and developments down to the present. It concludes with a meditation on the point of history today.


2016 ◽  
Vol 25 (1) ◽  
pp. 103-121
Author(s):  
Owen Dudley Edwards

The UK General Election of 2015, in which the Scottish National Party won 56 of the 59 seats, is likely to be a landmark in Scottish history. Moreover, for the first time since 1886, the victor in the predominant country in the Union – the Conservative Party in England – seemed to gain electoral victory in part by hostility to one of the partners of the Union. The article discusses the origins of this electoral tsunami. The immediate origin of the SNP landslide commenced with the disillusion with Scottish Liberalism, but its main victim was the Scottish Labour Party, seemingly fatally damaged by its alliance with the Conservatives during the campaign for a No vote in the 2014 referendum on Scottish independence. But whoever lost the election of 2015, it was won by Nicola Sturgeon, setting an example of civil debate untarnished by Westminster politics. Analogies with the politics of Ireland in the late-nineteenth and early-twentieth century cast helpful light on the present situation.


1987 ◽  
Vol 46 (1) ◽  
pp. 106-121 ◽  
Author(s):  
J. C. Hall

To re-open problems of the past and to rake up arguments long since laid to rest may seem a singularly pointless exercise for a family lawyer of the late twentieth century. Yet the controversy which raged in the 1840s over the requirements for common law marriage was never satisfactorily resolved; and even today the question could still arise and an authoritative answer be required.


2004 ◽  
Vol 38 (3) ◽  
pp. 391-424 ◽  
Author(s):  
VIVIEN MILLER

In February 1941, thirty male San Quentin prisoners petitioned Governor Culbert Levy Olson of California (the state's first Democrat governor in the twentieth century) to stop the execution of Eithel Leta Juanita Spinelli, “a merciless gang leader called the Duchess,” who had been convicted, along with her common-law husband and another male accomplice, of the murder of nineteen-year-old Robert Sherrard. All three defendants were sentenced to die in the gas chamber. Former San Quentin warden, Clinton T. Duffy, remembered Spinelli as “the coldest, hardest character, male or female” that he had “ever known,” and utterly lacking in “feminine appeal.” Thus the presentation of a jailhouse petition to save her from the gas chamber rather perplexed him, and he remained firm in his belief that the majority of San Quentin's inmates were unconcerned by the impending execution. Nonetheless, the petitioners argued that Spinelli should not be executed and offered to take her place either in the death chamber, or to serve out her life term in the event of a commutation of sentence. According to Duffy, the prisoners asserted “that Mrs. Spinelli's execution would be repulsive to the people of California; that no woman in her right mind could commit the crime charged to her; that the execution of a woman would hurt California in the eyes of the world; that both the law and the will of the people were against the execution; that Mrs. Spinelli, as the mother of three children, should have special consideration; that California's proud record of never having executed a woman should not be spoiled”.


2020 ◽  
Author(s):  
Kalpana B ◽  

Subramania Bharathi is probably the greatest poet in the History of Tamil literature. Many books and articles have been written both in English and Tamil praising his works and criticizing him for the past hundred years. His works have been taken up for research, to analyze Nationalism, language, politics, literature, translation, philosophy, feminism and religion. This book entitled “Bharathi’s concept of women liberation: Legacy and novelty” analyzes his feminist thoughts and the lives of women during his period. The author of this book Dr. B. Kalpana carefully analyzes about Bharathi’s works, his period, tradition, his innovative and modern thoughts that paved the way to the future generation. In this book, Dr. B. Kalpana points out, how Bharathi overcame tradition, and became a revolutionary poet of the twentieth century. Bharathi’s feminist ideology is carefully analyzed in this book from the historical perspective.


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