Pub Date : 2024-01-15DOI: 10.1017/s0738248023000512
Shumeng Han, Xiangyi Ren
The principle of filial piety underpinned both parent–child relations and, more broadly, Qing legal and social order. Entering the turbulent years of the Qing–Republic transition, filial piety went through substantial changes. Drawn from the local legal archives in Jiangjin county, Sichuan, this research traces the transformation of filial piety in legal practice during the first half of the twentieth century. It argues that two overlapping processes—legal reforms and nation-state building—synergized to restructure the meaning of filial piety from a largely integrated principle in Qing, which bridged the gaps between filiality and loyalty to the emperor and between personalized morality and imperial state legitimacy, to divergent new interpretations of filial piety, including the individualist filial piety, nationalist filial piety, legal filial piety, and sentimental filial piety. Each new interpretation inherits only part of its original meaning and incorporates newly introduced legal knowledge of legal equality and property ownership. The article concludes that various, sometimes contradictory interpretations of filial piety indicate the Republican legal reforms as an in-between, dynamic spectrum of legal change with vigorous negotiations among different legal actors and knowledge regimes.
{"title":"Disobedient Children, Hybrid Filiality: Negotiating Parent–Child Relations in Local Legal System in Republican China, 1911–1949","authors":"Shumeng Han, Xiangyi Ren","doi":"10.1017/s0738248023000512","DOIUrl":"https://doi.org/10.1017/s0738248023000512","url":null,"abstract":"<p>The principle of filial piety underpinned both parent–child relations and, more broadly, Qing legal and social order. Entering the turbulent years of the Qing–Republic transition, filial piety went through substantial changes. Drawn from the local legal archives in Jiangjin county, Sichuan, this research traces the transformation of filial piety in legal practice during the first half of the twentieth century. It argues that two overlapping processes—legal reforms and nation-state building—synergized to restructure the meaning of filial piety from a largely integrated principle in Qing, which bridged the gaps between filiality and loyalty to the emperor and between personalized morality and imperial state legitimacy, to divergent new interpretations of filial piety, including the <span>individualist filial piety</span>, <span>nationalist filial piety</span>, <span>legal filial piety</span>, and <span>sentimental filial piety</span>. Each new interpretation inherits only part of its original meaning and incorporates newly introduced legal knowledge of legal equality and property ownership. The article concludes that various, sometimes contradictory interpretations of filial piety indicate the Republican legal reforms as an in-between, dynamic spectrum of legal change with vigorous negotiations among different legal actors and knowledge regimes.</p>","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"11 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139469951","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-10DOI: 10.1017/s0738248023000548
Michael Ehis Odijie
This article draws on a variety of primary sources to first illustrate the rise of African abolitionism in the Fante region in the mid-nineteenth century and then situate local abolitionists in the context of colonial legal abolition in the Gold Coast. When the British abolished slavery in 1874, various Fante groups had been developing local anti-slavery views and strategies closely connected to the evolution of a Fante ethnic identity fashioned against the “barbaric” Asante. Tensions arose between the Fante intelligentsia, which spearheaded local abolitionism, and British colonial elites. The article examines the rise of local abolitionism among the coastal Fante through specific ideas, individuals, and events, and discusses subsequent dynamics in the “first age” (1874–1900) of colonial abolitionism in the Gold Coast. It shows that the 1874 abolition was opposed by members of the Fante anti-slavery movement not—as has been argued—because Fante intellectuals were pro-slavery or opposed to the idea of abolition, but because they held different visions of emancipation and were critical of British abolition laws that, unlike in the West Indies, did not compensate slaveowners.
{"title":"Exploring African Abolitionism: Fante Perspectives on Domestic Slavery in the Nineteenth-Century Gold Coast","authors":"Michael Ehis Odijie","doi":"10.1017/s0738248023000548","DOIUrl":"https://doi.org/10.1017/s0738248023000548","url":null,"abstract":"<p>This article draws on a variety of primary sources to first illustrate the rise of African abolitionism in the Fante region in the mid-nineteenth century and then situate local abolitionists in the context of colonial legal abolition in the Gold Coast. When the British abolished slavery in 1874, various Fante groups had been developing local anti-slavery views and strategies closely connected to the evolution of a Fante ethnic identity fashioned against the “barbaric” Asante. Tensions arose between the Fante intelligentsia, which spearheaded local abolitionism, and British colonial elites. The article examines the rise of local abolitionism among the coastal Fante through specific ideas, individuals, and events, and discusses subsequent dynamics in the “first age” (1874–1900) of colonial abolitionism in the Gold Coast. It shows that the 1874 abolition was opposed by members of the Fante anti-slavery movement not—as has been argued—because Fante intellectuals were pro-slavery or opposed to the idea of abolition, but because they held different visions of emancipation and were critical of British abolition laws that, unlike in the West Indies, did not compensate slaveowners.</p>","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"25 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139407979","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-14DOI: 10.1017/s0738248023000640
Kelly Maddox
{"title":"An Instrument of Military Power: The Development and Evolution of Japanese Martial Law in Occupied Territories, 1894–1945 – ERRATUM","authors":"Kelly Maddox","doi":"10.1017/s0738248023000640","DOIUrl":"https://doi.org/10.1017/s0738248023000640","url":null,"abstract":"","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"11 2","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138972707","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-07DOI: 10.1017/s0738248023000524
Kelly Maddox
Abstract The Imperial Japanese Army imposed martial law ( gunritsu ) in areas occupied during each of the full-scale conflicts it fought between 1894 and 1945. This article traces changes and continuities in the purpose, function, and content of martial law during the First Sino-Japanese War, the Russo-Japanese War, and the Asia-Pacific War to advance our historical knowledge of a much-understudied aspect of Japanese warfare. In so doing, it details the development and evolution of martial law as an instrument of military power showing how regulations were also influenced by and, therefore, tended to reflect the different wartime priorities and macro-level policies of the (military) leadership. It also highlights that the character of martial law remained largely unchanged and reveals that many of the legal practices utilized during the Asia-Pacific War were rooted in earlier conflicts. It ultimately argues, however, that wartime context and immediate military objectives took precedence over any longer-term political ambitions in Asia and, more crucially, over the welfare of civilians under occupation.
{"title":"An Instrument of Military Power: The Development and Evolution of Japanese Martial Law in Occupied Territories, 1894–1945","authors":"Kelly Maddox","doi":"10.1017/s0738248023000524","DOIUrl":"https://doi.org/10.1017/s0738248023000524","url":null,"abstract":"Abstract The Imperial Japanese Army imposed martial law ( gunritsu ) in areas occupied during each of the full-scale conflicts it fought between 1894 and 1945. This article traces changes and continuities in the purpose, function, and content of martial law during the First Sino-Japanese War, the Russo-Japanese War, and the Asia-Pacific War to advance our historical knowledge of a much-understudied aspect of Japanese warfare. In so doing, it details the development and evolution of martial law as an instrument of military power showing how regulations were also influenced by and, therefore, tended to reflect the different wartime priorities and macro-level policies of the (military) leadership. It also highlights that the character of martial law remained largely unchanged and reveals that many of the legal practices utilized during the Asia-Pacific War were rooted in earlier conflicts. It ultimately argues, however, that wartime context and immediate military objectives took precedence over any longer-term political ambitions in Asia and, more crucially, over the welfare of civilians under occupation.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"221 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135476375","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-07DOI: 10.1017/s0738248023000573
Ismael Musah Montana
Abstract On April 26, 1846, Ahmad Bey signed a historic emancipation decree making the Regency of Tunis the first in the modern Islamic world to formally abolish the longstanding institution of slavery. While the decree marked the first of such unprecedented measures, attracting a barrage of compliments from anti-slavery societies around the globe, it conflicted with the local notions of enslaving practices and thus prompted an earnest process of legitimation for the formal abolition of slavery before the Majlis al Shari (Sharia Council for Judicial Ordinance), without which abolition would have remained culturally and politically contentious. The paper will assess the socio-cultural context and the plural Islamic legal framework that informed both Ahmad Bey's argument favoring abolition and the divergent responses and attitudes of the religious establishment toward the abolition decree.
1846年4月26日，艾哈迈德·贝伊签署了一项历史性的解放法令，使突尼斯摄政成为现代伊斯兰世界第一个正式废除长期存在的奴隶制制度的人。虽然这一法令标志着此类史无前例的措施中的第一个，吸引了全球反奴隶制社会的大量赞扬，但它与当地对奴隶制做法的观念相冲突，因此在伊斯兰教法司法条例委员会(Majlis al Shari)面前推动了正式废除奴隶制的合法化进程，如果没有伊斯兰教法司法条例委员会，废除奴隶制将在文化和政治上仍然存在争议。本文将评估社会文化背景和多元伊斯兰法律框架，这些背景和框架既影响了艾哈迈德·贝支持废除的论点，也影响了宗教机构对废除法令的不同反应和态度。
{"title":"Ahmad Bey's 1846 <i>Istiftāʾ</i>: Its Dual Legislative Framework and Religio-Political Context","authors":"Ismael Musah Montana","doi":"10.1017/s0738248023000573","DOIUrl":"https://doi.org/10.1017/s0738248023000573","url":null,"abstract":"Abstract On April 26, 1846, Ahmad Bey signed a historic emancipation decree making the Regency of Tunis the first in the modern Islamic world to formally abolish the longstanding institution of slavery. While the decree marked the first of such unprecedented measures, attracting a barrage of compliments from anti-slavery societies around the globe, it conflicted with the local notions of enslaving practices and thus prompted an earnest process of legitimation for the formal abolition of slavery before the Majlis al Shari (Sharia Council for Judicial Ordinance), without which abolition would have remained culturally and politically contentious. The paper will assess the socio-cultural context and the plural Islamic legal framework that informed both Ahmad Bey's argument favoring abolition and the divergent responses and attitudes of the religious establishment toward the abolition decree.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"220 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135476384","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-07DOI: 10.1017/s0738248023000500
Lisa Pilar Eberle
Abstract This paper revises current understandings of judicial edicts in ancient Rome—the annually published texts in which Roman magistrates set out the formulae according to which they would institute trials during their year in office. While standard accounts see these edicts as the work of legal specialists, heretofore neglected sources for how contemporaries talked about these texts suggest that they were indeed the work of the magistrates that issued them. At times these magistrates formulated new provisions; for the most part they selectively drew on past edicts, not least to accommodate the demands of their friends and clients. These patterns in compositional practice can only be understood within the framework of Roman political culture. More importantly, in their annually changing published form judicial edicts emerge as crucial objects in the construction of time in ancient Rome. Arguably, they constituted a legal practice that could encompass revolution—at least for a year.
{"title":"The Edicts of the Praetors: Law, Time, and Revolution in Ancient Rome","authors":"Lisa Pilar Eberle","doi":"10.1017/s0738248023000500","DOIUrl":"https://doi.org/10.1017/s0738248023000500","url":null,"abstract":"Abstract This paper revises current understandings of judicial edicts in ancient Rome—the annually published texts in which Roman magistrates set out the formulae according to which they would institute trials during their year in office. While standard accounts see these edicts as the work of legal specialists, heretofore neglected sources for how contemporaries talked about these texts suggest that they were indeed the work of the magistrates that issued them. At times these magistrates formulated new provisions; for the most part they selectively drew on past edicts, not least to accommodate the demands of their friends and clients. These patterns in compositional practice can only be understood within the framework of Roman political culture. More importantly, in their annually changing published form judicial edicts emerge as crucial objects in the construction of time in ancient Rome. Arguably, they constituted a legal practice that could encompass revolution—at least for a year.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"220 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135476234","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-03DOI: 10.1017/s0738248023000494
Christopher Hilliard, Marco Duranti
Abstract In Tyrer v. United Kingdom (1978), the European Court of Human of Human Rights ruled that judicial corporal punishment contravened Article 3 of the European Convention on Human Rights, which proscribed “degrading treatment or punishment.” The case unfolded at a formative moment in British legal activism, as left-wing civil-liberties lawyers who had been wary of human rights discourse began taking cases to Strasbourg. The case also involved tactical challenges for British politicians and government lawyers. The case originated on the Isle of Man, which is close to the British mainland but constitutionally not part of the United Kingdom: it is a “crown dependency” with its own executive, legislature, and judiciary, and it persisted with judicial corporal punishment long after the practice had been abolished in Great Britain. By convention, the British government respected the island's laws and criminal-justice policies, but Britain was responsible for the island's compliance with international agreements—including the European Convention on Human Rights. How the British government dealt with the Isle of Man during and after the litigation had direct implications for a host of other small territories in what remained of the British empire—in particular, Britain's remaining Caribbean territories. The Tyrer case's protracted endgame was an object lesson in how much Britain's “unwritten” constitution depends on negotiation, manipulation, and avoiding the overt exercise of powers that might crumble upon use.
{"title":"Human Rights at the Edges of Late Imperial Britain: The <i>Tyrer</i> Case and Judicial Corporal Punishment from the Isle of Man to Montserrat, 1972–1990","authors":"Christopher Hilliard, Marco Duranti","doi":"10.1017/s0738248023000494","DOIUrl":"https://doi.org/10.1017/s0738248023000494","url":null,"abstract":"Abstract In Tyrer v. United Kingdom (1978), the European Court of Human of Human Rights ruled that judicial corporal punishment contravened Article 3 of the European Convention on Human Rights, which proscribed “degrading treatment or punishment.” The case unfolded at a formative moment in British legal activism, as left-wing civil-liberties lawyers who had been wary of human rights discourse began taking cases to Strasbourg. The case also involved tactical challenges for British politicians and government lawyers. The case originated on the Isle of Man, which is close to the British mainland but constitutionally not part of the United Kingdom: it is a “crown dependency” with its own executive, legislature, and judiciary, and it persisted with judicial corporal punishment long after the practice had been abolished in Great Britain. By convention, the British government respected the island's laws and criminal-justice policies, but Britain was responsible for the island's compliance with international agreements—including the European Convention on Human Rights. How the British government dealt with the Isle of Man during and after the litigation had direct implications for a host of other small territories in what remained of the British empire—in particular, Britain's remaining Caribbean territories. The Tyrer case's protracted endgame was an object lesson in how much Britain's “unwritten” constitution depends on negotiation, manipulation, and avoiding the overt exercise of powers that might crumble upon use.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135819354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-01DOI: 10.1017/s0738248023000597
{"title":"LHR volume 41 issue 4 Cover and Back matter","authors":"","doi":"10.1017/s0738248023000597","DOIUrl":"https://doi.org/10.1017/s0738248023000597","url":null,"abstract":"","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"23 1","pages":"b1 - b2"},"PeriodicalIF":0.8,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139298475","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-01DOI: 10.1017/s0738248023000603
{"title":"LHR volume 41 issue 4 Cover and Front matter","authors":"","doi":"10.1017/s0738248023000603","DOIUrl":"https://doi.org/10.1017/s0738248023000603","url":null,"abstract":"","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"18 1","pages":"f1 - f6"},"PeriodicalIF":0.8,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139302244","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-31DOI: 10.1017/s0738248023000482
Michael Lobban
Michael Ng, Political Censorship in British Hong Kong: Freedom of Expression and the Law (1842–1997) Cambridge: Cambridge University Press, 2022. Pp. xiv + 211. Hardcover $39.99 (ISBN 9781108830027). doi:10.1017/9781108908580
{"title":"Michael Ng, <i>Political Censorship in British Hong Kong: Freedom of Expression and the Law (1842–1997)</i> Cambridge: Cambridge University Press, 2022. Pp. xiv + 211. Hardcover $39.99 (ISBN 9781108830027). doi:10.1017/9781108908580","authors":"Michael Lobban","doi":"10.1017/s0738248023000482","DOIUrl":"https://doi.org/10.1017/s0738248023000482","url":null,"abstract":"Michael Ng, Political Censorship in British Hong Kong: Freedom of Expression and the Law (1842–1997) Cambridge: Cambridge University Press, 2022. Pp. xiv + 211. Hardcover $39.99 (ISBN 9781108830027). doi:10.1017/9781108908580","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"90 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135863258","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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