Still Continents (and an Island) with Two Histories?

2004 ◽  
Vol 22 (2) ◽  
pp. 377-382 ◽  
Author(s):  
Christopher Schmidt-Nowara
Keyword(s):  
Latin American ◽  
New World ◽  
Spanish America ◽  
Spanish Colonialism ◽  
American Slavery ◽  
Late Eighteenth ◽  
Depth Study ◽  
The Subject ◽  
The Law ◽  
Eighteenth And Nineteenth Centuries

Historians of Latin American slavery will find de la Fuente's article to be a particularly trenchant and learned essay on familiar historiographic controversies. The archival research awakens anticipation for the author's in-depth study of the earlier period of Cuban slavery, much neglected in favor of the heyday of the sugar complex of the late eighteenth and nineteenth centuries. Concentrating on the law and “slaves' claims-making” (341) allows for an important entry into the subject, complementing recent studies of slavery in Spanish America that have focused on how slaves used the institutions of Spanish colonialism to gain freedom or greater autonomy. However, reviving the Tannenbaum thesis, even in the limited form of the law, inspires less enthusiasm. De la Fuente's interpretation of Cuban slavery, through his rereading of Tannenbuam, does not produce misrepresentations in his treatment of historiography or sources; rather, I sense in this work the static conception of New World slavery created by Tannenbaum's dichotomous vision, both among and within particular colonial and national slave societies.

Two Truths and a Lie: In re John Z. and Other Stories at the Juncture of Teen Sex and the Law

2013 ◽  
Vol 38 (02) ◽  
pp. 364-402 ◽  
Author(s):  
Michelle Oberman
Keyword(s):  
Contemporary Literature ◽  
Adolescent Sexuality ◽  
Two Truths ◽  
Academic Literature ◽  
Meaningful Relationship ◽  
Depth Study ◽  
The Subject ◽  
The Law ◽  
Sexual Encounters ◽  
Criminal Justice Response

Laws governing adolescent sexuality are incoherent and chaotically enforced, and legal scholarship on the subject neither addresses nor remedies adolescents’ vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about adolescent sexuality from both the academic literature and the adults who control the criminal justice response to such interactions. This article presents an in-depth study of In re John Z., a 2003 rape prosecution involving two seventeen-year-olds. Using this case, I explore the implications of the prosecution by interviewing a variety of experts and analyzing the contemporary literature on sexual norms among youth. I also relate a series of interviews conducted with the major players in the prosecution. Examining this case from a variety of perspectives permits a deeper understanding of how the law regulates adolescent sexual encounters and why it fails.

scholarly journals Latin America and the Question of Cuban Independence

2011 ◽  
Vol 68 (02) ◽  
pp. 209-239 ◽  
Author(s):  
Dalia Antonia Muller
Keyword(s):  
United States ◽  
Latin America ◽  
Latin American ◽  
The United States ◽  
Spanish America ◽  
Anglo Saxon ◽  
Spanish Colonialism ◽  
Latin Americans ◽  
Close Relationship ◽  
The Voice

In a famous account of his travels, titled El destino de un continente, the Argentine writer Manuel Ugarte describes his somewhat disconcerting encounter with the Cuban ex-president José Miguel Gómez while traveling through Latin America during the 1920s. Ugarte, a committed advocate of panhispanismo—the idea that Spanish America was and should be unified by its shared Spanish heritage, especially in light of the “threat” from Anglo- Saxon culture—had come to Cuba to give a series of lectures. Shortly after one of his presentations, the Argentine was introduced to Gómez, who took Ugarte to task for his criticism of Cuba's close relationship to the United States. “You reproach us,” Gómez said, “for not defending our legacy of Spanish civilization, but what have all of you [Latin Americans] done to encourage us, to support us, to make us feel that we are not alone?” Taken aback and made suddenly self-conscious by the accusation, Ugarte concluded that the Cuban was admonishing him for failing to uphold the very principles he was espousing in his lectures. “It seemed as if, through the voice of her representative, all Cuba was saying, ‘It is not we who broke the link; it was you who broke it in allowing it to be cut.’” After some time and much thought, Ugarte came to the realization that “Cuba was not alone responsible for the Cuban situation. Some responsibility was also borne by Latin America.” Through his encounter with Gómez, Ugarte was forced to recognize the limitations of framing what he referred to as the “Cuban situation” exclusively in the context of a cultural war between the United States and Spain. Indeed, the expresident's challenge inspired him to reconsider Cuba's nineteenth-century struggles with both Spanish colonialism and U.S. imperialism in a distinctly inter-Latin American context.

Woodrow Wilson, Victoriano Huerta, and the Recognition Issue in Mexico

1984 ◽  
Vol 41 (2) ◽  
pp. 151-176 ◽  
Author(s):  
Peter V. N. Henderson
Keyword(s):  
United States ◽  
International Law ◽  
Latin American ◽  
The United States ◽  
The Political ◽  
Internal Stability ◽  
Woodrow Wilson ◽  
The Subject ◽  
The Law ◽  
United States Imperialism

I. The Evolution of the Law of Recognition until 1913To state that the United States imperialistically meddled in Mexican internal affairs in 1913 would scarcely surprise the scholarly community. The theme of United States imperialism in Latin America has been the subject of dispassionate scholarship and patriotic diatribes. Regardless of their perspective, writers have generally focused upon the political, social, strategic, and economic aspects of intervention. Considerably less attention has been given the United States' creative use of international law to affect the internal stability of Latin American nations. This article will contribute to bridging this gap by analyzing the manner in which Woodrow Wilson used the law of recognition to unseat Mexico's dictator, Victoriano Huerta; a man Wilson considered unfit to govern.

scholarly journals Trinidad Spanish: implications for Afro-Hispanic language

1990 ◽  
Vol 64 (1-2) ◽  
pp. 7-27 ◽  
Author(s):  
John M. Lipski
Keyword(s):  
Puerto Rico ◽  
Latin American ◽  
Spanish Language ◽  
Spanish America ◽  
Caribbean Region ◽  
South American ◽  
Language Usage ◽  
African Slave ◽  
The Subject ◽  
The Caribbean

[First paragraph]The question of Spanish language usage among African-born slaves (known as bozales) and their descendents in Spanish America is the subject of much controversy, and has had a major impact on theories of Creole formation and the evolution of Latin American dialects of Spanish, Portuguese and French. Briefly, one school of thought maintains that, at least during the last 150-200 years of African slave trade to Spanish America, bozales and their immediate descendants spoke a relatively uniform Spanish pidgin or creole, concentrated in the Caribbean region but ostensibly extending even to many South American territories. This creole in turn had Afro-Portuguese roots, derived from if not identical to the hypothetical maritime Portuguese creole (sometimes also identified with the medieval Sabir or Lingua Franca) claimed to be the source of most European - based Creoles in Africa, Asia and the Americas.1 The principal sources of evidence come in 19th century documents from the Caribbean region, principally Cuba and Puerto Rico, where many (but not all) bozal texts share a noteworthy similarity with other demonstrably Afro-Portuguese or Afro-Hispanic Creoles in South America, Africa and Asia.

Levellerism in Eighteenth and Early Nineteenth-Century Britain

1988 ◽  
Vol 20 (2) ◽  
pp. 261-269 ◽  
Author(s):  
F. K. Donnelly
Keyword(s):  
Nineteenth Century ◽  
Seventeenth Century ◽  
Early Nineteenth Century ◽  
European Literature ◽  
The Subject ◽  
The Law ◽  
Eighteenth And Nineteenth Centuries ◽  
Radical Movements

This article explores the connections between the seventeenth-century Leveller movement and the democratic radicalism of the period 1790 to roughly 1840. At first glance the two appear to have much in common. Both were concerned with the extension of the franchise, the idea of a written constitution, and the equality of citizens before the law. Various commentators on the subject, including some historians, have suggested that such a continuity does indeed exist. Unfortunately this conclusion has been based for the most part on vague connections indicating a lack of solid research on this topic. An exception in this regard is the 1962 essay of Olivier Lutaud which traced many of the linkages of Leveller ideas and phrases in European literature.By contrast historians of seventeenth-century England have tended towards a too ready acceptance of a discontinuity between the Levellers and the democrats of the post-1788 era. They have been content to consign the Levellers to “relative oblivion” and “near-oblivion,” and to assert, quite erroneously, that Leveller pamphlets were not reprinted in the eighteenth and nineteenth centuries. At the same time we must be aware that the historian of early nineteenth-century radical movements is not confronted with a powerful body of evidence indicating strong Leveller-radical connections. The influence of Levellerism on subsequent radical-democratic movements was subtle and somewhat oblique in nature.

Dickens on American Slavery: A Carlylean Slant

PMLA ◽  
1952 ◽  
Vol 67 (4) ◽  
pp. 315-329
Author(s):  
Arthur A. Adrian
Keyword(s):  
United States ◽  
New World ◽  
The United States ◽  
Chronological Order ◽  
American Slavery ◽  
Detailed Consideration ◽  
The Subject ◽  
Considerable Period

Because Dickens nourished an uncompromising contempt for every kind of tyranny, it was inevitable that he should denounce American slavery, whose essential barbarity he observed on his first trip to the New World in 1842. From that time until the conclusion of his second visit to the United States in 1868, a period of roughly twenty-six years, he focused his attention, at intervals, on the issues which grew out of the system. Curiously, though his reactions to America have been subjects for detailed consideration, his continuing interest in the problems posed by our institution of slavery has never received, to my knowledge, any extensive treatment. It seems appropriate, therefore, to give some attention to a matter with which he was occupied for a considerable period. It will be the twofold purpose of the following study (1) to examine in chronological order Dickens' statements on slavery as they appear in his published letters, American Notes, and his principal periodicals, Household Words and All the Year Round; and (2) to suggest that at certain points, especially in later years, his thinking on the subject bears some striking resemblances to that of Carlyle.

The First History of Latin American Art

1946 ◽  
Vol 2 (03) ◽  
pp. 357-368
Author(s):  
Robert C. Smith
Keyword(s):  
Latin American ◽  
American Art ◽  
Good Deal ◽  
Colonial Period ◽  
Spanish America ◽  
Latin American Art ◽  
History Of ◽  
The Subject ◽  
First Time ◽  
Attention To Detail

Students of Latin American art of the colonial period will agree that this book, which deals with the development of architecture in Spanish America during the sixteenth century, is the most important analysis of the subject that has yet been made. Prepared with the assistance of the Spanish government and the cooperation of private investigators and government agencies in Latin America, this book is the first of a series of volumes which, it is to be hoped, will eventually present the whole history of Hispanic American art. It brings together for the first time a mass of factual information taken from source material of the period concerning the earliest monuments of Spanish building from Mexico to BoliVia and interprets it in the light of Spanish architecture of the time with a knowledge and an attention to detail never before applied on such a scale. Almost without exception every building mentioned is fully illustrated, plans of the more important are provided, together with diagrams of variant architectural details such as moldings, bases and arches, and whenever possible contemporary architect’s drawings from the Archivo de Indias in Seville are submitted as well. Although a good deal of this material had previously been published in one form or another, there is much that had not been, especially in the chapters devoted to South America. The work therefore goes beyond the mere compilation of facts already recorded and presents a whole series of new monuments on the basis of original investigation.

Chimney Sweeps, Climbing Boys and Child Employment in Ireland, 1775–1875

2020 ◽  
Vol 47 (1) ◽  
pp. 36-58
Author(s):  
James Kelly
Keyword(s):  
Eighteenth Century ◽  
Social Problem ◽  
Child Labour ◽  
The Public ◽  
Late Eighteenth Century ◽  
Late Eighteenth ◽  
The Law ◽  
Eighteenth And Nineteenth Centuries ◽  
Changing Attitudes

The identification of the involvement of young boys in cleaning chimneys as a social problem in the late eighteenth century, and its effectual elimination in the second half of the nineteenth, provides a yardstick against which one can measure changing attitudes to child labour during the eighteenth and nineteenth centuries. The involvement of children as young as five in this trade and the injuries and illness to which they were subject prompted an incrementally more vigorous demand for its elimination that was fuelled by the increasing societal influence of the respectable. Based on an analysis of the practice, the abuses it permitted and the efforts of reformers to convince the public and politicians that the invention of the sweeping machine meant it was no longer necessary to involve children in this dangerous trade, the article explains how the combination of revulsion at the mistreatment of climbing boys, organised opposition and an attitudinal shift brought about a change in the law that effectively brought it to an end and established the principle that child labour was immoral as well as unnecessary.

Establishing Nature of Law in Judicial Decisions

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Валерий Лазарев ◽  
Valyeriy Lazaryev ◽  
Дмитрий Фурсов ◽  
Dmitriy Fursov
Keyword(s):  
Law Enforcement ◽  
Complex Problem ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Depth Study ◽  
The Will ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The problem of establishing the nature of law has deep theoretical roots, because no one can reveal the phenomenon of law. In spite of various scientific aspects of this concept, in practice it is necessary to recognize its role as a single tool. The authors conclude that the court is not only the subject of the interpretation of the jus, not only the enforcer or entity conflict resolution relationship, it introduces its own innovations to the search for justice, it is the creator of the law. The article substantiates the role of the court not only as a guarantor of the existing legal system, but also as an institution imperatively harmonizing the system. The relevance of the study is explained by the fact that the establishment of the nature of law, even in the acts of the Constitutional Court of the Russian Federation is a very complex problem, which has not been adequately investigated, especially with regard to court’s decisions. But all courts create the “living law”. Without the will of the state, no law is possible, but the jus does not embrace the whole law and the latter always takes priority over the jus. Transformation of a legal activity in the aspect of searching for the law is necessary for all judicial authorities. If the first instance courts shut themselves within the framework of the law, their mission will be extremely limited. They won´t even be able to outline the legal boundaries, where the authorized review judicial authorities and persons involved in the case could in-depth study, evaluate the circumstances associated with the search for and finding of the most justified solution. The authors believe that the law revealed in court decisions, forms the foundation of the rule of law and therefore requires additional account as an important information resource, necessary for the formation of unified law enforcement, for its use by a legislator for the purpose of implementing the models of legal relations, as reflected in the decisions, into legislative acts.

The First History of Latin American Art

1946 ◽  
Vol 2 (3) ◽  
pp. 357-368 ◽  
Author(s):  
Robert C. Smith
Keyword(s):  
Latin American ◽  
American Art ◽  
Good Deal ◽  
Colonial Period ◽  
Spanish America ◽  
Latin American Art ◽  
History Of ◽  
The Subject ◽  
First Time ◽  
Attention To Detail

Students of Latin American art of the colonial period will agree that this book, which deals with the development of architecture in Spanish America during the sixteenth century, is the most important analysis of the subject that has yet been made. Prepared with the assistance of the Spanish government and the cooperation of private investigators and government agencies in Latin America, this book is the first of a series of volumes which, it is to be hoped, will eventually present the whole history of Hispanic American art. It brings together for the first time a mass of factual information taken from source material of the period concerning the earliest monuments of Spanish building from Mexico to BoliVia and interprets it in the light of Spanish architecture of the time with a knowledge and an attention to detail never before applied on such a scale. Almost without exception every building mentioned is fully illustrated, plans of the more important are provided, together with diagrams of variant architectural details such as moldings, bases and arches, and whenever possible contemporary architect’s drawings from the Archivo de Indias in Seville are submitted as well. Although a good deal of this material had previously been published in one form or another, there is much that had not been, especially in the chapters devoted to South America. The work therefore goes beyond the mere compilation of facts already recorded and presents a whole series of new monuments on the basis of original investigation.

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