Historical Analysis of Law

1998 ◽  
Vol 16 (1) ◽  
pp. 159-162 ◽  
Author(s):  
Markus Dirk Dubber

Kenneth Ledford's and Michael Meranze's insightful comments raise important questions about the nature of legal history in general, and of the history of punishment in particular. According to Ledford and Meranze, modern legal history is social history, to be distinguished from “old-style intellectual history.” A product of the latter “historical method no longer in favor,” “The Right to Be Punished” draws Ledford's and Meranze's criticism for its insufficient “root[s]… in the soil of social history” and for its inadequate “account of the … social basis of the modern will to punish” and “the social embeddedness of punishment.”

2011 ◽  
Vol 29 (4) ◽  
pp. 1089-1095
Author(s):  
Walter Johnson

Each of these four lapidary papers scratches a stylus across fixed categories and settled understandings: embedding the legal history of the Americas in the African history of crime and punishment; uncovering the intellectual history of the metropole in the social history of the colonies; using the restless contingency of biography to trouble the most durable of historiographical boundaries, that between slavery and freedom. Taken together, they dismantle and then suggestively refit the history of slavery and law in the time of revolution and emancipation.


2021 ◽  
pp. 1-30
Author(s):  
Alexis D. Litvine

Abstract This article is a reminder that the concept of ‘annihilation of space’ or ‘spatial compression’, often used as a shorthand for referring to the cultural or economic consequences of industrial mobility, has a long intellectual history. The concept thus comes loaded with a specific outlook on the experience of modernity, which is – I argue – unsuitable for any cultural or social history of space. This article outlines the etymology of the concept and shows: first, that the historical phenomena it pretends to describe are too complex for such a simplistic signpost; and, second, that the term is never a neutral descriptor but always an engagement with a form of historical and cultural mediation on the nature of modernity in relation to space. In both cases this term obfuscates more than it reveals. As a counter-example, I look at the effect of the railways on popular representations of space and conclude that postmodern geography is a relative dead end for historians interested in the social and cultural history of space.


2018 ◽  
Vol 13 (4) ◽  
pp. 601-616 ◽  
Author(s):  
Marcela Cornejo ◽  
Carolina Rocha ◽  
Nicolás Villarroel ◽  
Enzo Cáceres ◽  
Anastassia Vivanco

The current memory struggles about the Chilean dictatorship makes it increasingly relevant to hear a diverse range of voices on the subject. One way of addressing this is to study autobiographical narratives, in which people construct a character to present themselves as the protagonists of a story by taking multiple positions regarding what is remembered. This article presents a study that analyzed the life stories of Chilean people (diverse in their generations, cities, experiences of political repression, political orientations and socio-economic levels) and that distinguished between the positions that they take when presenting themselves as the protagonists of an autobiographical story about the Chilean dictatorship. The results point to salient and recurrent positions that allow people to earn the right to be considered part of the social history of the dictatorship, that involve different definitions regarding those responsible and the victims of what happened, and that unveil a strong family and filial logic of remembering.


Author(s):  
James Crossley

Abstract This article takes a different look at the work of Burton Mack on apocalypticism and the post-historical Jesus crystallisation of the Christian ‘myth of innocence’ in terms of the social history of scholarship. After a critical assessment of previous receptions of Mack’s work from the era of the ‘Jesus wars’, there is a discussion of Mack’s place in broader cross-disciplinary tendencies in the study of apocalypticism with reference to the influence of liberal and Marxist approaches generally and those of Norman Cohn and Eric Hobsbawm specifically. Mack’s approach to apocalypticism should be seen as a thoroughgoing updating of Cold War liberal constructions of apocalypticism for an era of American ‘culture wars’, from Reagan to Trump. Part of this updating has also meant that, while much of his work against the apocalyptic Christian myth of innocence has been explicitly aimed at the de-legitimising the Right, it also continues the old Cold War intellectual battles by implicitly de-legitimising anything deemed excessively Marxist.


1972 ◽  
Vol 2 ◽  
pp. 16-19
Author(s):  
Kenneth Kirkland

The subject suggested in the title is so broad as to make it rather difficult to decide what boundaries to draw around the study of various resources available to the historian or other social scientist who sets out to study labor history, the social history of Italian workers and peasants, and the political and intellectual history of socialism and other radical movements. Keeping in mind that the following discussion is not intended to be exhaustive, but rather an indication of the necessary starting point to begin an investigation is probably the best way to understand this note.


1972 ◽  
Vol 2 ◽  
pp. 16-19
Author(s):  
Kenneth Kirkland

The subject suggested in the title is so broad as to make it rather difficult to decide what boundaries to draw around the study of various resources available to the historian or other social scientist who sets out to study labor history, the social history of Italian workers and peasants, and the political and intellectual history of socialism and other radical movements. Keeping in mind that the following discussion is not intended to be exhaustive, but rather an indication of the necessary starting point to begin an investigation is probably the best way to understand this note.


2018 ◽  
Vol 2 (1) ◽  
pp. 45
Author(s):  
Dian Marhaeni Widyastuti

Penelitian ini bertujuan untuk mengetahui Kehidupan Sosial Budaya Masyarakat Islam, khususnya sejarah masuknya Islam, kondisi Kehidupan Sosial Budaya dan faktor-faktor penghambat dan pendukung pengembangan Islam di Sape Rasabou Kabupaten Bima. Penelitian ini mengunakan metode Historis yaitu melalui tahap Heuristik, Kritik, Interpretasi dan Histografi. Analisis data yang digunakan adalah Historis analisis, dan metode kualitatif. Hasil penelitian menunjukkan, Kondisi kehidupan Sosial Budaya Masyarakat Islam berlangsung dalam kehidupan kegotongroyongan, meskipun terdapat perbedaan status Sosial, namun mulai terjadi pergeseran semenjak masuknya ajaran Islam bahwa manusia sama derajatnya kecuali yang membedakan adalah ketakwaannya. Kehidupan Budaya Masyarakat Islam di Sape Rasabou berkembang sebagaimana perkembangan agama Islam di wilayah tersebut. Kebudayaan islam terbentuk seiring dengan berkembangnya agama Islam. This study aims to find out the Social and Cultural Life of Islamic Communities, especially the history of the entry of Islam, the condition of Social and Cultural Life and the factors inhibiting and supporting the development of Islam in Sape Rasabou Kabupaten Bima. This research uses Historical method that is through Heuristic, Criticism, Interpretation and Histography. Data analysis used is Historical analysis, and qualitative method. The result of the research shows that the condition of the social life of the Muslim society takes place in the life of mutual cooperation, although there are differences in social status, but there is a shift since the entry of Islamic teachings that human beings are equal except the difference is their piety. The Cultural Life of the Islamic Society in Sape Rasabou developed as the development of Islam in the region. Islamic culture is formed along with the development of Islam.


2021 ◽  
Vol 31 (1) ◽  
pp. 79-104

The article focuses on Michel Foucault’s work with the social history of medicine and evaluates its potential for analyzing the political impact of the COVID-19 pandemic. Foucault reveals the bond between quarantine measures in European cities and the gradual perfection of techniques of power. He uses organized anti-epidemic activities applied to leprosy and plague as examples of “compact models” of power relations that he discusses in terms of exclusion and discipline. He reveals complex relationships between the physical body of an individual and what he calls the “social body” of a state. Foucault describes how “health policy” was formed during the second half of 18th century when it drastically changed urban space and became one of the key techniques of government. In Foucault’s lectures published as Security, Territory, Population, he turns to the concept of a “prevailing” or literally “reigning” disease. The countermeasures against the disease enable the development of special techniques applicable to the population in a given historical period. He uses the statistical description of patients suffering from smallpox as an example of how a regime of power and government of the population develops by invoking security and risk assessment. In the concluding section, the author estimates the potential of Foucauldian historical analysis as a tool for anticipating the tendencies inherent in the techniques of power mobilized to combat the COVID-19 pandemic.


1882 ◽  
Vol 10 ◽  
pp. 1-74 ◽  
Author(s):  
Cornelius Walford

Kings' Briefs, under a variety of designations—as Kings' Letters, Orders in Council, Patents of Alms, Letters Patent, Fire Briefs, Church Briefs, Charity Briefs, Commissions, Royal Letters, &c, &c.—have played an important part in the social history of this country, and yet our national historians have been remarkably silent concerning them; as indeed they have been upon many other matters of great social interest. It seems hardly necessary to say that the term “Brief” has several significations. In its more common acceptation it is a short writing or epitome, as an abridgment of a law case, made out for instruction to counsel, or indeed any short statement of facts. But there are “Apostolical Briefs,” being letters or written messages of the Pope, addressed to princes or magistrates, respecting matters of public concern.* It is not to these exclusively that we must look for light in the present instance. The word was, in early times, written “Breve,” and Cowell, in his Law Dictionary, says, “Any writ or precept from the King was called Breve; which we still retain in the name of Brief, the King's Letters Patent to poor sufferers, for Collection.” The general title of “King's Briefs” used in England, is traceable to the fact that these documents, under whatever designation adopted, or for whatever purpose designed, were in later times issued under the direct authority of the sovereign; at first under his personal authority, but later under the authority of the Council, through the Lord Chancellor. But it will be made clear that the Church exercised the right of issuing them, not only prior to, but apparently coeval with the sovereign at one period.


2021 ◽  
Vol 102 (3) ◽  
pp. 395-399
Author(s):  
V I Borodulin ◽  
V Yu Albitsky

The article highlights the formation of scientific therapeutic schools in Kazan using the comparative-historical method from the position of the modern concept of scientific school. Founded by the first of Botkin's student N.A. Vinogradov, the affiliate Botkin's scientific school initiated the creation of therapeutic schools at Kazan University in the first half of the XX century, originating in the second or third generation directly from S.P. Botkin. The activities of prominent Kazan therapists and their role in the formation of scientific schools are considered based on the approach of the social history of medicine the impact of the social changes in Russia in 1917 and the beginning of the Civil War. Having established a center for the development of the scientific heritage of the great Russian clinician in Kazan, the clinical schools of A.N. Kazem-Bek, S.S. Zimnitsky, M.N. Cheboksarov, and N.K. Goryaev played a huge role in the development of Botkins direction of domestic internal medicine.


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