John Lilburne: a Revolutionary Interprets Statutes and Common Law Due Process

1983 ◽  
Vol 1 (2) ◽  
pp. 276-296 ◽  
Author(s):  
Diane Parkin-Speer

In the history of English law and the Puritan Revolution, the Levellers are generally considered opponents of the common law, who increasingly used natural law arguments in their revolutionary propaganda. John Lilburne, one of the foremost Leveller leaders, in the tract The Legall Fundamentall Liberties of the People of England published in June 1649 and at his trial for treason in October 1649 used the common law as presented in Sir Edward Coke's The Institutes of the Laws of England and his report of Dr. Bonham's Case, to support his attack on the Rump Parliament. This was only the second use of Dr. Bonham's Case in public controversy as opposed to in a private law matter. Lilburne's reliance on The Institutes and Dr. Bonham's Case also reveals how Coke's legal thought could be integrated into revolutionary thinking, i.e., the limitation of the powers of parliament, not just through judicial review, but through individual citizens' interpretation of statutory law and their individual judgment of the validity of laws. The tenet of radical Protestantism, the supremacy of individual judgment, finds expression in Lilburne's interpretation of statutes and his belief in the limited powers of Parliament. The idea that radical Protestantism led to democratic theory and shook the foundations of established institutions is given additional support by Lilburne's propaganda and defense of himself.

Author(s):  
Henrique Cukierman

A review of the literature on the Vaccine Revolt shows that it continues to be treated in an overly simplistic manner as a “structure” subjected to some form of regulation, from which its dynamics can be explained and its “root causes” identified. It is possible to forge a new, more cautious historiographical path, seeking to view this “structure” as a rhizome, as a loosely connected ensemble that exists under unstable circumstances whose precarious (dis)order cannot be grasped in its complexity by a reductionist analysis. Another historiographical approach that can shed new light on the popular revolt of 1904 situates it in the context of its links to the history of the smallpox vaccine and its diffusion. Viewing the episode as equally relevant to the history of science and technology, this article proposes to “vaccinate the Vaccine Revolt”—that is, to reintroduce the smallpox vaccine as a protagonist in the events—highlighting the need to treat the revolt as a chapter of a sociotechnical history; after all, what could be more sociotechnical than a technoscientific artifact that gave its name to a popular revolt? This is a history of scientists convinced of the superiority of their technical knowledge and of their right to exercise their power for the good of the public, who would be obliged to comply; most of all, it is a history without the problematic distinctions between content and context, between rationality and irrationality, between science and society. It is also a history of the popular mobilization on the streets of downtown Rio de Janeiro, exemplified by the vigorous resistance mounted in the working-class neighborhood of Saúde under the command of the Black man known as Prata Preta, which serves as a counterpoint to top-down historical narratives more concerned with the comings and goings of White political elites and coup-plotting, positivist-inspired generals, marked by the symptomatic exclusion of Black and working-class actors. It also serves to emphasize the symptomatic absence of the voice of Prata Preta, who was imprisoned and summarily banished without any due process. The fact that he was silenced has made it easier to construct allegories about “the people,” portraying them as heroic opponents of elite oppression or the exact opposite: an antiheroic, dangerous, and disposable rabble. Among the entourage of characters who have been silenced, one should also note the absence of women’s voices; although vaccine opponents rallied around the claim that they were defending against the “violation” of women’s bodies, nothing was heard from women’s mouths. Finally, revisiting the history of the Vaccine Revolt offers another opportunity to unmask the project of an authoritarian political, military, and scientific elite, with a particular focus on Oswaldo Cruz, one of Brazil’s greatest champions of science. In the name of science and public health, that elite envisioned a modern Brazil, while remaining ignorant of the daily nightmare lived by the vast majority of the Black, poor, and marginalized population.


1977 ◽  
Vol 27 (3) ◽  
pp. 373
Author(s):  
J. L. Barton ◽  
A. W. B. Simpson ◽  
S. J. Stoljar
Keyword(s):  

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