scholarly journals A Legal History of the New Zealand Jury Service - Introduction, Evolution, and Equality?

1999 ◽  
Vol 29 (2) ◽  
pp. 283
Author(s):  
Michèle Powles
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Legal System ◽  
Legal History ◽  
Race And Gender ◽  
Jury Service ◽  
History Of ◽  
Jury System ◽  
And Gender ◽  
Service Introduction

This article traces the development of the New Zealand jury system. Most noteworthy in thisdevelopment has been the lack of controversy the system has created. At the end of the nineteenth century, however, the pursuit of equality in the legal system generally led to debate and reform of juries in relation to representation, race and gender.

Chicano/a Challenges to Nineteenth-Century History

2012 ◽  
Vol 82 (4) ◽  
pp. 566-580 ◽  
Author(s):  
Raúúl A. Ramos
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Race And Gender ◽  
Northern Mexico ◽  
Imperial Expansion ◽  
History Of ◽  
The Subject ◽  
And Gender ◽  
The U.S

This article explores the usefulness of Chicano/a history to teaching and representing the nineteenth-century history of northern Mexico, U.S. imperial expansion, and the constructed nature of borders. Typically considered a twentieth-century discipline, Chicano/a historians have a long history of engaging the subject in the nineteenth century. This focus dovetails with recent critical works on race and gender in the U.S. West as well as transnational approaches to history. This article makes the case that the perspective on the nineteenth century provided by Chicano/a historians forces readers to reframe their understanding of the sweep of U.S. history.

A Legal History of Intimate Deception

2019 ◽  
pp. 99-133
Author(s):  
Jill Elaine Hasday
Keyword(s):  
Twentieth Century ◽  
Legal History ◽  
Historical Context ◽  
Race And Gender ◽  
Legal Remedies ◽  
History Of ◽  
And Gender

This chapter places modern law in historical context. Over the course of the twentieth century, some legal remedies for intimate deception disappeared or became much less valuable. First, starting in 1935, a wave of state “anti-heart balm” laws abolished causes of action for seduction and breach of promise to marry that some women had been using to sue intimates who deceived them. Courts then interpreted anti-heart balm statutes expansively, relying on the laws to block a wide array of claims against deceptive intimates. Second, changing norms about race and gender left judges unwilling to grant redress for some types of intimate deception that they had once been willing to remediate. Third—and most significant in diminishing the volume of litigation—the advent and swift spread of no-fault divorce starting in 1970 meant that securing an annulment or fault-based divorce because of intimate deception became a much less valuable remedy.

Australian Legal Histories in Context

2003 ◽  
Vol 21 (3) ◽  
pp. 607-614 ◽  
Author(s):  
Rosemary Hunter
Keyword(s):  
New Zealand ◽  
Indigenous Peoples ◽  
Legal History ◽  
Common Law ◽  
Women And Gender ◽  
History Of ◽  
The Common ◽  
Twentieth Anniversary ◽  
And Gender

Australian legal history has only emerged as a field of scholarship in its own right in the last twenty years. Prior to that, Australian legal history tended to be written and taught as a footnote to the great sweep of English legal history—the history of the king's courts, the common law and equity, and major nineteenth-century statutory reforms, with a chapter at the end about the classification of the Australian colonies as “settled” colonies, and the consequent reception of English law. This year (2002) sees the twentieth anniversary of Alex Castles's groundbreaking work An Australian Legal History, the first book to take Australian laws and legal institutions as its entire subject matter. It is also the twentieth anniversary of the first Australian Law and History Conference. The years since 1982 have seen the advent of the Australian and New Zealand Law and History Society, increasing attendances at its annual conferences, the establishment of the Australian Journal of Legal History, the completion of a number of Ph.D.theses in the field, and the publication of further influential texts and edited collections by (among others) the authors of the two articles featured in this forum. Two of the most productive strands in this developing literature have concerned the history of colonization and the dispossession of indigenous peoples and histories of women and gender relations in law, although these are by no means that only areas that have been explored. Running through much of this literature, too, are themes of imperial-colonial relations, and relations between law and colonial economies and societies, particularly prior to federation in 1901.

scholarly journals The Action for Breach of Promise of Marriage in Early Colonial New Zealand: Fitzgerald v Clifford (1846)

2010 ◽  
Vol 41 (3) ◽  
pp. 473
Author(s):  
Megan Simpson
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Supreme Court ◽  
Legal History ◽  
Public Debate ◽  
Early Colonial ◽  
The Supreme Court ◽  
History Of ◽  
Insight Into

In 1846, the first breach of promise of marriage case was heard by the Supreme Court of New Zealand. Unlike many other breach of promise cases heard throughout the Empire during the nineteenth century, this case was not publicly reported. Rather, it is a case that exists only within the pages of Justice Chapman's judicial notebook, absent from the newspaper court reports of the time. This action was relatively rare in the colony but the testimonies of witnesses examined enable us to gain an insight into matters of class, courtship, family, reputation and social protocols in the mid-nineteenth century. This paper considers the legal history of the action in New Zealand from 1842-1875, focussing on the case of Fitzgerald v Clifford (1846) to explore how private matters of courtship and romance became matters of legal and sometimes public debate. 

Creatures of Cain

2018 ◽  
Author(s):  
Erika Lorraine Milam
Keyword(s):  
World War Ii ◽  
Human Nature ◽  
Race And Gender ◽  
Late Night ◽  
Hollywood Films ◽  
Political Debates ◽  
American Science ◽  
Human Exceptionalism ◽  
History Of ◽  
And Gender

After World War II, the question of how to define a universal human nature took on new urgency. This book charts the rise and precipitous fall in Cold War America of a theory that attributed man's evolutionary success to his unique capacity for murder. The book reveals how the scientists who advanced this “killer ape” theory capitalized on an expanding postwar market in intellectual paperbacks and widespread faith in the power of science to solve humanity's problems, even to answer the most fundamental questions of human identity. The killer ape theory spread quickly from colloquial science publications to late-night television, classrooms, political debates, and Hollywood films. Behind the scenes, however, scientists were sharply divided, their disagreements centering squarely on questions of race and gender. Then, in the 1970s, the theory unraveled altogether when primatologists discovered that chimpanzees also kill members of their own species. While the discovery brought an end to definitions of human exceptionalism delineated by violence, the book shows how some evolutionists began to argue for a shared chimpanzee–human history of aggression even as other scientists discredited such theories as sloppy popularizations. A wide-ranging account of a compelling episode in American science, the book argues that the legacy of the killer ape persists today in the conviction that science can resolve the essential dilemmas of human nature.

Mind Cure

2019 ◽  
Author(s):  
Wakoh Shannon Hickey
Keyword(s):  
White Male ◽  
Late Nineteenth Century ◽  
Scientific Psychology ◽  
Race And Gender ◽  
History Of ◽  
And Performance ◽  
And Gender ◽  
First Americans ◽  
The Mind ◽  
Political Economic

Mindfulness is widely claimed to improve health and performance, and historians typically say that efforts to promote meditation and yoga therapeutically began in the 1970s. In fact, they began much earlier, and that early history offers important lessons for the present and future. This book traces the history of mind-body medicine from eighteenth-century Mesmerism to the current Mindfulness boom and reveals how religion, race, and gender have shaped events. Many of the first Americans to advocate meditation for healing were women leaders of the Mind Cure movement, which emerged in the late nineteenth century. They believed that by transforming their consciousness, they could also transform oppressive circumstances in which they lived, and some were activists for social reform. Trained by Buddhist and Hindu missionaries, these women promoted meditation through personal networks, religious communities, and publications. Some influenced important African American religious movements, as well. For women and black men, Mind Cure meant not just happiness but liberation in concrete political, economic, and legal terms. The Mind Cure movement exerted enormous pressure on mainstream American religion and medicine, and in response, white, male doctors and clergy with elite academic credentials appropriated some of its methods and channeled them into scientific psychology and medicine. As mental therapeutics became medicalized, individualized, and then commodified, the religious roots of meditation, like the social justice agendas of early Mind Curers, fell away. After tracing how we got from Mind Cure to Mindfulness, this book reveals what got lost in the process.

scholarly journals Rethinking nineteenth-century literary culture: British worlds, southern latitudes and hemispheric methods

2021 ◽  
pp. 002198942098201
Author(s):  
Sarah Comyn ◽  
Porscha Fermanis
Keyword(s):  
South Africa ◽  
Nineteenth Century ◽  
New Zealand ◽  
Literary Culture ◽  
Settler Colonialism ◽  
Indigenous Studies ◽  
Literary Cultures ◽  
History Of ◽  
Literary Canons ◽  
Methodological Position

Drawing on hemispheric, oceanic, and southern theory approaches, this article argues for the value of considering the nineteenth-century literary cultures of the southern settler colonies of Australia, New Zealand, and South Africa from within an interconnected frame of analysis. First, because of their distinctive historical and structural conditions; second, because of the density of their interregional networks and relations across intersecting oceanic spaces; and third, because of the long history of racialized imperialist imaginaries of the south. This methodological position rethinks current approaches to “British world” studies in two important ways: first, by decoupling the southern settler colonies from studies of settler colonialism in North America; and second, by rebalancing its metropolitan and northern locus by considering south-south networks and relations across a complex of southern islands, oceans, and continents. Without suggesting either that imperial intercultural exchanges with Britain are unimportant or that there is a culturally homogenous body of pan-southern writing, we argue that nineteenth-century literary culture from colonial Australia, New Zealand, and South Africa — what we call a “southern archive” — can provide a counterbalance to northern biases and provide new purchase on nation-centred literary paradigms — one that reveals not just south-south transnational exchanges and structural homologies between southern genres, themes, and forms, but also allows us to acknowledge the important challenges to foundational accounts of national literary canons initiated by southern theory and Indigenous studies scholars.

scholarly journals “The Terror of their Lives”: Irish Jurors' Experiences

2011 ◽  
Vol 29 (3) ◽  
pp. 703-761 ◽  
Author(s):  
Níamh Howlin
Keyword(s):  
Nineteenth Century ◽  
Justice System ◽  
Social Economic ◽  
Poor State ◽  
Public Meetings ◽  
The Poor ◽  
Jury Service ◽  
The World ◽  
Jury System

A commentator noted in 1881 that Irishmen regarded jury service as “the greatest burden that can be inflicted upon them … they would be delighted if trial by jury was suspended tomorrow.” He later added, “[o]f course an enormous outcry would be raised about it in the national press, and in public meetings; but jurors … would give anything in the world not to serve … because it is the terror of their lives.” Much has been written about the poor state of the nineteenth-century Irish jury system, and it is certainly true that for various social, economic and political reasons, in comparison with that in England, the Irish system appears to have operated in a way that fell somewhat short of ideal. This article seeks to provide an understanding of the realities facing the jurors themselves, and will examine their experiences of the justice system before, during, and after the trial.

Blackface Minstrelsy and the Reception of Elizabeth Taylor Greenfield

2021 ◽  
Vol 15 (3) ◽  
pp. 305-320
Author(s):  
Julia J. Chybowski
Keyword(s):  
Nineteenth Century ◽  
African American ◽  
Social Class ◽  
Gender Roles ◽  
Black Swan ◽  
Social Hierarchies ◽  
Race And Gender ◽  
Blackface Minstrelsy ◽  
And Gender

AbstractThis article explores blackface minstrelsy in the context of Elizabeth Taylor Greenfield's singing career of the 1850s–1870s. Although Greenfield performed a version of African American musicality that was distinct from minstrel caricatures, minstrelsy nonetheless impacted her reception. The ubiquity of minstrel tropes greatly influenced audience perceptions of Greenfield's creative and powerful transgressions of expected race and gender roles, as well as the alignment of race with mid-nineteenth-century notions of social class. Minstrel caricatures and stereotypes appeared in both praise and ridicule of Greenfield's performances from her debut onward, and after successful US and transatlantic tours established her notoriety, minstrel companies actually began staging parody versions of Greenfield, using her sobriquet, “Black Swan.” These “Black Swan” acts are evidence that Greenfield's achievements were perceived as threats to established social hierarchies.

scholarly journals Soldiers & Colonists: Imperial Soldiers as Settlers in Nineteenth-Century New Zealand

2021 ◽  
Author(s):  
◽  
John McLellan
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
British Empire ◽  
Settler Colonialism ◽  
Land Grants ◽  
Family Networks ◽  
History Of ◽  
First Arrival ◽  
Government Records ◽  
Decision To Stay

<p>The approximately 18,000 imperial troops who arrived in New Zealand with the British regiments between 1840 and 1870 as garrison and combat troops, did not do so by choice. However, for the more than 3,600 non-commissioned officers and rank and file soldiers who subsequently discharged from the army in New Zealand, and the unknown but significant number of officers who retired in the colony, it was their decision to stay and build civilian lives as soldier settlers in the colony. This thesis investigates three key themes in the histories of soldiers who became settlers: land, familial relationships, and livelihood. In doing so, the study develops an important area of settler colonialism in New Zealand history. Discussion covers the period from the first arrival of soldiers in the 1840s through to the early twentieth century – incorporating the span of the soldier settlers’ lifetimes. The study focuses on selected aspects of the history of nineteenth-century war and settlement.  Land is examined through analysis of government statutes and reports, reminiscences, letters, and newspapers, the thesis showing how and why soldier settlers were assisted on to confiscated and alienated Māori land under the Waste Lands and New Zealand Settlement Acts. Attention is also paid to documenting the soldier settlers’ experiences of this process and its problems. Further, it discusses some of the New Zealand settlements in which military land grants were concentrated. It also situates such military settlement practices in the context of the wider British Empire.  The place of women, children, and the regimental family in the soldier settlers’ New Zealand lives is also considered. This history is explored through journals, reminiscences, biography and newspapers, and contextualised via imperial and military histories. How and where men from the emphatically male sphere of the British Army met and married women during service in New Zealand is examined, as are the contexts in which they lived their married lives. Also discussed are the contrasting military and colonial policies towards women and marriage, and how these were experienced by soldier settlers and their families.  Lastly, the livelihood of soldier settlers is explored – the thesis investigating what sort of civilian lives soldier settlers experienced and how they made a living for themselves and their families. Utilising newspapers, reminiscences, biography, and government records the diversity of work army veterans undertook in the colony is uncovered. Notable trends include continued military-style roles and community leadership. The failed farming enterprise is also emphasised. Going further, it offers analysis of the later years of life and the different experiences of soldier settlers in their twilight years, particularly for those with and without family networks in the colony. The thesis challenges the separation between ‘war’ and ‘settlement’ by focusing on a group whose history spanned both sides of the nineteenth-century world of colony and empire.</p>

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