Themes and Variations in Early Canadian Legal Culture: Beamish Murdoch and hisEpitome of the Laws of Nova-Scotia

1993 ◽  
Vol 11 (1) ◽  
pp. 101-144 ◽  
Author(s):  
Philip Girard
Keyword(s):  
Nineteenth Century ◽  
Nova Scotia ◽  
Legal Culture ◽  
Political Life ◽  
History Of ◽  
Scholarly Attention

Beamish Murdoch (1800–76) was a young man when the first of the four volumes of hisEpitome of the Laws of Nova-Scotiarolled off Joseph Howe's press at Halifax in the spring of 1832. He was an old man when the first installment of his three-volumeHistory of Nova-Scotia, or Acadieappeared under James Barnes's imprint in the spring of 1865. These two works have received surprisingly disparate attention in the century since Murdoch's death. Today it is Murdoch the historian who is well known: No treatment of nineteenth-century Canadian historiography would omit reference to hisHistory. Murdoch's contributions to literary and political life, as editor of theAcadian Magazineand member of the Nova Scotia House of Assembly from 1826 to 1830, have also attracted attention. Murdoch the lawyer and legal treatise-writer, by contrast, is virtually unknown in both professional and legal academic circles, even in his home province. Until recently the Epitome has attracted virtually no scholarly attention of any kind.

Centering Bukhara

2020 ◽  
pp. 42-72
Author(s):  
James Pickett
Keyword(s):  
Nineteenth Century ◽  
Sixteenth Century ◽  
Early Modern ◽  
Urban Construction ◽  
History Of ◽  
Scholarly Attention ◽  
The Prestige

This chapter traces the history of the ascent of Bukhara by focusing both on investments in physical religious infrastructure and on textual mythologization, whereby Bukhara was discursively centered within the larger Perso-Islamic cosmopolis. These mutually reinforcing efforts had roots in the deep past, reemerged in the sixteenth century, and reached a crescendo in the nineteenth century. The early modern chapter of this story, particularly urban construction of religious infrastructure under the Shibanid and Ashtarkhanid dynasties, has received scholarly attention. The nineteenth century, however, is better known for colonial defeat and stagnation. The chapter argues that the Manghit era marked the city's cultural apex, inheriting all of the prestige and infrastructure from previous eras, and building on them substantially. By tying the universal and abstract to the immediate and concrete, Bukhara's mythologization project exemplifies an understudied process with parallels throughout the preindustrial world.

The Presidential Pocket Veto: Its Use and Legality

1994 ◽  
Vol 6 (2) ◽  
pp. 188-208 ◽  
Author(s):  
Samuel B. Hoff
Keyword(s):  
Nineteenth Century ◽  
Final Section ◽  
History Of ◽  
The Creation ◽  
Presidential Effectiveness ◽  
Scholarly Attention

The general constitutional authority of the President to veto legislation passed by Congress has recently received renewed scholarly attention. However, few studies have focused on the pocket veto—the power to negate proposed laws sent for approval without the possibility of reconsideration—and its ramifications for presidential effectiveness. This research comprehensively investigates the creation, development, and employment of the pocket veto. First, this article will trace the history of this form of executive prerogative from colonial times through its establishment in the Constitution. Second, it will review the use of the pocket veto in the nineteenth century. Third, it will undertake a seminal empirical probe of influences on public-bill pocket-veto frequency from 1889 to 1989. Fourth, I will delineate congressional and court challenges to the use of this executive device. In the final section, I will assess the consequences of heightened consternation over pocket-veto use.

scholarly journals Indo-Maritius Muslims: genesis of their Religious Identity

2019 ◽  
Vol 12 (1) ◽  
pp. 78-94
Author(s):  
L. A. Vasilyeva
Keyword(s):  
Nineteenth Century ◽  
Religious Identity ◽  
Political Life ◽  
Muslim Community ◽  
Local Society ◽  
Island State ◽  
The Social ◽  
Urdu Literature ◽  
History Of

The paper focuses on the Indo-Mauritian Muslim Community, which plays an important role in the social and political life of the island state. The paper deals with the revival of the Urdu language spoken by the Indo-Mauritian Muslims who had almost lost the “ancestral tongue” in the process of adaptation to the Mauritius` multi-ethnic and multi- religious society through the eighteenth – nineteenth century. The study reconstructs a brief history of the Urdu-speaking Indian Muslims` migration to Mauritius and their partial assimilation with the local society. The Muslim migrants accepted the local Creole language and some elements of their culture but remained loyal to their religion and traditional Muslim values. The author makes a special emphasis upon the means of revival and development of Urdu language and the formation of the Mauritian Urdu Literature. The Urdu language today is a tool of self-identification of Indo-Mauritian Muslims and primary marker of their religious identity as well.

scholarly journals The History of Nordic Legal Culture and Court Culture: The Story of What Should not Have Been, but Still Came to Be

2021 ◽  
pp. 49-67
Author(s):  
Jørn Øyrehagen Sunde
Keyword(s):  
Nineteenth Century ◽  
Building Blocks ◽  
Legal Culture ◽  
Nordic Countries ◽  
Late Nineteenth Century ◽  
Court Culture ◽  
Legal Language ◽  
Legal Procedure ◽  
Legal Professionals ◽  
History Of

AbstractThe story of the making of a Nordic legal culture and court culture appears, at first glance, to be a story of what should not have been. Culture is about commonalities arising from common experiences. However, the similarities between the Nordic countries’ political history are limited, with no common institutions before the late nineteenth century, large language similarities but no common legal language, and—most importantly—no common legal procedure. Still, the natural conditions in the very north of Europe came to shape the political and legal systems in similar ways, stimulating the desire to create a Nordic legal culture in the second half of the nineteenth century, with the Nordic Meeting for Lawyers playing a crucial role. Hence, law in the Nordic countries shares several characteristics today: a strong legislative tradition and strong courts with lay participation, accessible legal language in legislation and court decisions and orality in legal procedure, a small number of legal professionals and a small and pragmatic legal science. These characteristics can be viewed as building blocks in an overarching characteristic of Nordic legal culture and court culture: dialogue.

scholarly journals Migrant Female Musicians and their Fight for Social Rights

2020 ◽  
Vol 46 (3 (177)) ◽  
pp. 85-99
Author(s):  
Milena Gammaitoni
Keyword(s):  
Nineteenth Century ◽  
Social Action ◽  
Women Composers ◽  
Women Musicians ◽  
Political Life ◽  
Social Rights ◽  
The Social ◽  
History Of ◽  
At Will

The aim of this essay is to examine the social action of women composers, often obliged to migrate, for long or short periods, in search of greater freedom and affirmation of their musical talent. The history of yesterday and today features numerous women musicians, composers and performers, active in the production of music, in social and political life, who often had and have to travel and migrate to assert themselves. Going on tour has always been part of the life of the artist – but for women it was not easy to travel freely and at will, on their own besides. Until the nineteenth century, such a thing was almost always strictly forbidden. Sometimes women composers and performers left the countries in which they resided for personal reasons, driven not only by the “compulsion” to change country because in their own it was impossible to choose the pathway they wished to follow.

Inventing American Exceptionalism

2017 ◽  
Author(s):  
Amalia D. Kessler
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Civil War ◽  
White Supremacy ◽  
American Exceptionalism ◽  
Legal Culture ◽  
The United States ◽  
Access To Justice ◽  
History Of ◽  
The Law

It is widely accepted that American procedure—and indeed American legal culture as a whole—are adversarial (and distinctively so). Yet, precisely because this assumption is so deep-rooted, we have no history of how American adversarialism arose. This book provides such a history. It shows that the United States long employed not only lawyer-empowering adversarial procedure, but also various forms of more judge-dependent, quasi-inquisitorial procedure—including the equity tradition borrowed from England and, to a lesser extent, conciliation courts transplanted from continental Europe. However, the United States largely abandoned quasi-inquisitorial procedure by the close of the Civil War and Reconstruction, committing itself to lawyer-driven adversarialism. In explaining this turn to the adversarial, the book looks to developments both internal and external to the law. Among the key internalist factors on which the book focuses are the rise of the previously unknown category of “procedure”, as well as a set of seemingly small changes in the approach to taking testimony before equity-court officials known as masters in chancery, which ended up having unintended systemic consequences. So, too, from a more externalist perspective, the book traces how advocacy of adversarialism became intimately linked with demands for a largely unregulated market and the preservation of white supremacy. The product of deep-rooted inheritances, as well as more immediate and contingent occurrences, the nineteenth-century embrace of adversarsarialism would prove deeply consequential, shaping Americans’ experience of the law down to the present, often in ways that constrain rather than expand access to justice.

scholarly journals THE PRESS AS A SOURCE FOR THE STUDY OF SOCIO-ECONOMIC PROCESSES IN THE GALICIAN PROVINCE AT THE END OF THE XIX CENTURY (BASED ON "GAZETA NADDNIESTRZAŃSKA" NEWSPAPER)

2021 ◽  
pp. 141-159
Author(s):  
Vitalii Telvak ◽  
Bohdan Yanyshyn
Keyword(s):  
Nineteenth Century ◽  
System Analysis ◽  
Editorial Policy ◽  
Interdisciplinary Approach ◽  
Economic Life ◽  
Cultural Dimensions ◽  
Political Life ◽  
Late Nineteenth Century ◽  
History Of ◽  
Late Nineteenth

Summary. The purpose of the study is to reconstruct the socio-economic life of Drohobych and Drohobych district in the late nineteenth century as represented by the newspaper "Gazeta Naddniestrzańska". The work’s methodological basis is an interdisciplinary approach with an emphasis placed on the structural and functional system analysis of historiographical facts and the method of critical analysis of documentary material. The article’s scientific novelty is an attempt to comprehensively analyse the materials of the journal "Gazeta Naddniestrzańska" as a source for studying socio-economic processes in Drohobych and Drohobych district in the late nineteenth century. Conclusions. The newspaper materials allow us to get acquainted with a range of cultural and socio-economic problems experienced by Drohobych district citizens in the late nineteenth century. The newspaper delivers an extremely dynamic image of the city’s daily life, and its articles are emotional and engaged in the interests of its ordinary residents. In addition, the broad public orientation of the newspaper’s editorial policy also allows getting acquainted with significant events in the socio-economic history of Galicia, the Austro-Hungarian Empire, Europe and the world. The "perspective from the province" attaches exceptional value to newspaper reports, as it sheds light on the specifics of their perception on the periphery of cultural and political life. The materials of "Gazeta Naddniestrzańska" allow reconstructing only certain aspects of the history of Drohobych and its district in 1884‒1889. However, taken together with official documents and periodicals published by the city’s Jewish community in the late 19th century, they provide a reliable source base for reconstructing Drohobych’s past in its socio-economic, political and cultural dimensions.

Conclusion

2017 ◽  
Author(s):  
Amalia D. Kessler
Keyword(s):  
Nineteenth Century ◽  
Due Process ◽  
Legal Culture ◽  
The United States ◽  
High Price ◽  
Late Nineteenth Century ◽  
Access To Justice ◽  
Regulatory State ◽  
Starting Point ◽  
History Of

The Conclusion reflects on the accuracy of the nineteenth-century American perception that the United States possessed a distinctively adversarial legal culture and considers how developments traced in this book relate to the present. A comparative overview of nineteenth-century continental European and English civil procedure reveals that Americans were correct that their legal culture was uniquely adversarial. But the postbellum emergence of industrialization and concomitant birth of the regulatory state gave rise to new specialist lawyers, valued more for their expertise and negotiating skills than for their ability to litigate. The path connecting the late nineteenth-century zenith of adversarialism to the present was thus indirect. Nonetheless, the Conclusion argues that the history recounted in this book contributed to making American legal culture today distinctively adversarial. And it suggests that, while there are virtues to adversarialism, Americans have paid a high price for this inheritance—including comparatively greater difficulty in obtaining access to justice. Although a comprehensive reform proposal lies beyond this book, the Conclusion explores some nonadversarial possibilities raised by Americans’ forgotten history of equity and conciliation courts. The starting point, it argues, is to abandon the (constructed and contingent) assumption that due process and adversarial procedure are necessarily the same.

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