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Genteel Culture, Legal Education, and Constitutional Controversy in Early National Virginia 弗吉尼亚早期的绅士文化、法律教育和宪法争议
IF 0.8 3区 社会学 Q1 HISTORY Pub Date : 2023-08-08 DOI: 10.1017/s0738248023000378
Matthew Steilen
This article focuses on the movement to reform legal education in early national Virginia, offering a fresh perspective by examining the connection between legal education and society and culture. It challenges the notion that constitutional ideas were the primary driving force behind reforms and argues that social status and “manners” played a more significant role. Wealthy elites in Virginia associated manners with education, sending their sons to college to become gentlemen, as it secured their aspirations to gentility and their influence over society and politics. Reformers sought to capitalize on this connection by educating a generation of university-trained, genteel lawyers who could lead the state's legislature and its courts. In this sense, educational reform was genteel rather than democratic in its basic assumptions. The article examines the central figure of George Wythe and explores his influence on Virginia's leading men, including Thomas Jefferson and St. George Tucker. It delves into the student experience in Wythe's law office and at the College of William and Mary, the success of educational reforms in the central courts, and the effects on Virginia's constitutional development. The college-educated lawyers who came to dominate the legislature in the early nineteenth century used their training for politics. As these lawyers sought to strengthen the institutions their party controlled, they drove the development of constitutional doctrines like federalism and separation of powers.
本文聚焦于弗吉尼亚州早期的法律教育改革运动,通过考察法律教育与社会和文化之间的联系,提供了一个新的视角。它挑战了宪法思想是改革背后主要驱动力的观点,并认为社会地位和“礼仪”发挥了更重要的作用。弗吉尼亚州的富裕精英将礼仪与教育联系在一起,送儿子上大学成为绅士,因为这确保了他们对绅士风度的渴望以及他们对社会和政治的影响力。改革者试图利用这种联系,培养出一代受过大学训练、有教养的律师,他们可以领导该州的立法机构和法院。从这个意义上说,教育改革在其基本假设中是绅士的,而不是民主的。本文考察了乔治·怀斯的中心人物,并探讨了他对弗吉尼亚州的领军人物,包括托马斯·杰斐逊和圣乔治·塔克的影响。它深入探讨了学生在Wythe律师事务所和威廉玛丽学院的经历,中央法院教育改革的成功,以及对弗吉尼亚州宪法发展的影响。受过大学教育的律师在19世纪初开始主导立法机构,他们将自己的训练用于政治。当这些律师试图加强他们政党控制的机构时,他们推动了联邦制和分权等宪法学说的发展。
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引用次数: 0
LHR volume 41 issue 3 Cover and Back matter LHR第41卷第3期封面和封底
3区 社会学 Q1 HISTORY Pub Date : 2023-08-01 DOI: 10.1017/s0738248023000421
An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button.
此内容的摘要不可用,因此提供了预览。当您可以访问此内容时,可以通过“保存PDF”操作按钮获得完整的PDF。
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引用次数: 0
Persistence of Practice in Law's Parwana and Palm Leaf Empire 法律的帕尔瓦纳与棕榈叶帝国的实践坚持
3区 社会学 Q1 HISTORY Pub Date : 2023-08-01 DOI: 10.1017/s0738248023000305
Paul D. Halliday
Abstract The essays in this forum demonstrate how attending to the intricacies of documentary practice provides a way to see legal practices over the long haul. Different materials—for instance, paper and palm leaves—manifested different ways of understanding and doing law. But change from one way of doing law to another is sticky; old practices persist alongside new ones. Appreciating this helps us see past apparent ruptures in ways of living brought about by states and empires as they come and go. By looking closely at the routines and physical materials through which law works, we can look past simple binaries: European vs. indigenous; pre-colonial vs. colonial; resistance vs. accommodation; oral vs. literate; manuscript vs. print; paper vs. palm leaf.
本论坛中的文章展示了如何参与复杂的文献实践提供了一种长期观察法律实践的方法。不同的材料——例如,纸和棕榈叶——表现出不同的理解和执行法律的方式。但是从一种方式到另一种方式的转变是棘手的;旧的做法与新的做法并存。认识到这一点,有助于我们看到过去由国家和帝国来来去去所带来的生活方式的明显破裂。通过仔细观察法律起作用的惯例和物质材料,我们可以超越简单的二元对立:欧洲vs.土著;前殖民vs.殖民;抵抗与适应;口语vs.识字;手稿与印刷;纸vs.棕榈叶。
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引用次数: 0
LHR volume 41 issue 3 Cover and Front matter LHR第41卷第3期封面和封面问题
3区 社会学 Q1 HISTORY Pub Date : 2023-08-01 DOI: 10.1017/s073824802300041x
An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button.
此内容的摘要不可用,因此提供了预览。当您可以访问此内容时,可以通过“保存PDF”操作按钮获得完整的PDF。
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引用次数: 0
Paper Empires: Layers of Law in Colonial South Asia and the Indian Ocean 《纸上帝国:南亚和印度洋殖民地的法律层次》
3区 社会学 Q1 HISTORY Pub Date : 2023-08-01 DOI: 10.1017/s0738248023000081
Nandini Chatterjee, Alicia Schrikker, Dries Lyna
Abstract Anthropologists and historians have recently underscored the ways in which European colonialism created novel regimes of legality and record-keeping, associated with ambitious and exclusive state-centered claims to both truth and rights, while being inevitably and constantly sucked into eddies of forgery and corruption. However, attention so far has been focused on English/European-language records and the colonial institutions that produced, stored, and deployed them. This has communicated a monolithic sense of power and normativity that unwittingly replicates the aspirations of colonial states. Drawing on eight case studies from in and around South Asia from the eighteenth to the twentieth centuries, we propose instead that the law of empires was rooted in the highly localized, often multilingual, and fragmented bureaucracies that produced its records. Here, historians of pre-colonial Indian regimes join hands with historians of British, Dutch, and French colonialism in order to unearth the genealogies of records written in Bengali, Marathi, Persian, Sinhala, and Tamil, as well as in French, Dutch, and English. This special issue collectively excavates the many layers, regimes, and languages in which legally effective records were produced by imperial regimes in South Asia and its much larger watery penumbra, the Indian Ocean.
人类学家和历史学家最近强调了欧洲殖民主义如何创造了新的合法性和记录保存制度,这些制度与雄心勃勃、以国家为中心的对真理和权利的排他要求有关,同时不可避免地、不断地卷入伪造和腐败的漩涡。然而,到目前为止,人们的注意力一直集中在英语/欧洲语言的记录以及制作、存储和部署这些记录的殖民机构上。这传达了一种整体的权力感和规范性,无意中复制了殖民国家的愿望。根据18世纪至20世纪南亚及其周边地区的八个案例研究,我们提出,帝国的法律根植于产生其记录的高度本地化、往往是多语言、碎片化的官僚机构。在这里,研究前殖民时期印度政权的历史学家与研究英国、荷兰和法国殖民主义的历史学家携手,发掘用孟加拉语、马拉地语、波斯语、僧伽罗语、泰米尔语以及法语、荷兰语和英语撰写的记录的家谱。本期特刊集体挖掘了南亚及其更大的水域半影地带——印度洋上的帝国政权所制作的具有法律效力的记录的许多层次、制度和语言。
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引用次数: 0
“Unlawful Intimacy”: Mixed-Race Families, Miscegenation Law, and the Legal Culture of Progressive Era Mississippi “非法的亲密关系”:混血家庭、通婚法和进步时代密西西比州的法律文化
IF 0.8 3区 社会学 Q1 HISTORY Pub Date : 2023-07-03 DOI: 10.1017/s0738248023000317
K. Schumaker
This article examines the enforcement of anti-miscegenation law in Progressive Era Mississippi by focusing on a series of unlawful cohabitation prosecutions of interracial couples in Natchez. It situates efforts to police and punish mixed-race families within the broader legal culture of Jim Crow, as politicians, judges, and district attorneys sought stricter enforcement of morals laws, including those barring interracial cohabitation. This article argues that the historic prerogative of white men to choose their sexual and domestic partners undermined the illegality of interracial marriage. Lynching deterred Black men from cohabiting with white women, but prosecutions for “unlawful cohabitation” did not effectively punish white men and Black women who formed lasting partnerships. This article relies on extensive research in local court records that reveal that prosecutions of white men and Black women often resulted in fines and, in many cases, had little effect on these mixed-race families. In Natchez and elsewhere, eugenic ideologies of “white racial purity” were no match for a patriarchal legal culture that gave white men leeway to ignore the law when it suited them, even amid outward denunciations of miscegenation. In Mississippi, many white men did not view relationships between white men and Black women as a clear threat to white supremacy, creating space for some interracial families to survive into the twentieth century.
本文通过关注纳切兹一系列针对异族夫妇的非法同居起诉,考察了进步时代密西西比州反异族通婚法的执行情况。它将监督和惩罚混血家庭的努力置于吉姆·克劳更广泛的法律文化中,因为政客、法官和地区检察官寻求更严格地执行道德法,包括禁止跨种族同居的法律。这篇文章认为,白人男性选择性伴侣和家庭伴侣的历史特权破坏了跨种族婚姻的非法性。私刑阻止了黑人男性与白人女性同居,但对“非法同居”的起诉并没有有效惩罚建立持久伴侣关系的白人男性和黑人女性。这篇文章依赖于对当地法院记录的广泛研究,这些研究表明,对白人男性和黑人女性的起诉往往会导致罚款,在许多情况下,对这些混血家庭几乎没有影响。在纳切兹和其他地方,“白人种族纯洁”的优生学意识形态无法与父权制法律文化相媲美,这种文化给了白人男性在法律适合他们的时候无视法律的余地,即使在外界谴责种族通婚的情况下也是如此。在密西西比州,许多白人男性并不认为白人男性和黑人女性之间的关系是对白人至上主义的明显威胁,这为一些跨种族家庭创造了生存到二十世纪的空间。
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引用次数: 0
The Politics of Libel: Thomas Erskine, Freedom of the Press, and Transatlantic Legal Culture, c. 1780–1830 诽谤的政治:托马斯·厄斯金、新闻自由与跨大西洋法律文化,约1780-1830年
IF 0.8 3区 社会学 Q1 HISTORY Pub Date : 2023-06-13 DOI: 10.1017/s0738248023000275
N. Phillips
This article analyzes how the multidirectional movement of legal and popular printed texts, newspapers, letters, and citizens contributed to the political and legal influence of individual lawyers across the Atlantic. It is based on a case study of leading common law barrister and Whig MP Thomas Erskine (1750–1823). It examines the dissemination of Erskine's legal and political arguments, and other publications in support of freedom of the press and the constitutional importance of trial by jury in libel trials. Erskine's Country Whig politics, key role in the passage of the 1792 Libel Act, and support for American independence were admired by American lawyers, diplomats, and politicians. His disinterested public service as an advocate meant he personified the ideal of a patriot lawyer that underpinned the classical republican model of law, citizenship, and politics on both sides of the Atlantic. Erskine's powerful, often emotive forensic rhetoric was equally admired as part of a shared transatlantic legal culture, linking law, politics and literature. The speeches were reprinted and widely circulated in edited collections, texts on oratory, trial reports, newspapers, and periodicals; key arguments were also referenced in legal treatises on libel. Hence, parts of his most significant speeches in English libel trials came to be regarded as “usable” legal texts studied by students and re-cited by American defense lawyers in court.
本文分析了法律和大众印刷文本、报纸、信件和公民的多向运动如何对大西洋两岸律师个人的政治和法律影响作出贡献。它是基于对著名普通法律师和辉格党议员托马斯·厄斯金(1750-1823)的案例研究。它考察了厄斯金的法律和政治观点的传播,以及其他支持新闻自由和陪审团审判在诽谤审判中的宪法重要性的出版物。厄斯金的乡村辉格党政治,在1792年《诽谤法》的通过中发挥的关键作用,以及对美国独立的支持,受到美国律师、外交官和政治家的钦佩。作为一名律师,他无私地为公共服务,这意味着他是爱国者律师理想的化身,这种理想支撑了大西洋两岸传统的共和法律、公民和政治模式。厄斯金强有力的、经常充满情感的法庭修辞同样受到赞赏,因为它是跨大西洋法律文化的一部分,将法律、政治和文学联系在一起。这些演讲被重印并在编辑的文集、演讲文稿、审判报告、报纸和期刊中广泛传播;关于诽谤的法律论文也引用了关键论点。因此,他在英语诽谤审判中最重要的部分演讲被视为“可用的”法律文本,供学生学习,并被美国辩护律师在法庭上反复引用。
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引用次数: 0
Rethinking the Rethinking of Legal Pluralism: Toward a Manifesto for a Pluri-Legal Perspective 法律多元主义的再思考:走向多元法律视角的宣言
IF 0.8 3区 社会学 Q1 HISTORY Pub Date : 2023-06-09 DOI: 10.1017/s0738248023000184
I. Shahar, Karin Carmit Yefet
The paper addresses the perpetual discontent evoked by the concept of legal pluralism, one which, in turn, brings about incessant efforts to “rethink” it. We suggest that one of the sources of this discontent is the erroneous view that legal pluralism is a theory, and the consequent misguided expectations that it should provide scholars of law and society with causal hypotheses and explanations. We argue that legal pluralism is not a theory but a research perspective, and, as such, is not meant to provide us with explanatory propositions, but rather to increase our awareness of the plurality and inter-relationality of socio-legal spheres and of the implications thereof. We further identify—and briefly discuss—the four core principles of a pluri-legal perspective: plurality, relationality, power, and agency. Taken together, these four premises constitute a manifesto of sorts for a pluri-legal perspective.
本文论述了法律多元主义概念引发的长期不满,这种不满反过来又导致人们不断地“反思”它。我们认为,这种不满的根源之一是错误地认为法律多元论是一种理论,以及随之而来的错误期望,即它应该为法律和社会学者提供因果假设和解释。我们认为,法律多元主义不是一种理论,而是一种研究视角,因此,它并不意味着为我们提供解释性命题,而是为了提高我们对社会法律领域的多元性和相互关系性及其含义的认识。我们进一步确定并简要讨论了多元法律视角的四个核心原则:多元性、关系性、权力和代理。综合来看,这四个前提构成了一个多法律视角的宣言。
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引用次数: 0
Legal Pluralism's Other: Mythologizing Modern Law 法律多元主义的他者:现代法律的神话化
IF 0.8 3区 社会学 Q1 HISTORY Pub Date : 2023-06-09 DOI: 10.1017/s0738248023000172
Caroline Humfress
This article interrogates the concept of legal pluralism, as it currently tends to function within contemporary legal and historical scholarship. It argues that the concept of legal pluralism cannot ‘liberate’ positivist analytical legal theory from monist (municipal, state-centric, etc.) straightjackets, but rather itself presumes the primacy of centralized state-issued law—at the same time as masking that primacy within a pluralist discourse. The concept of legal pluralism should be properly understood—and analyzed—as part of the mythology of modern law, not as an alternative to it. The first two sections develop this argument via a critical tour of legal-pluralist historiography, focusing on 1986 to the present day. The final section then moves on to explore what is at stake for the pre-modern historian when they apply (modern) concept(s) of legal pluralism to try to explain the multiplicity of legal orders that they invariably encounter in their own source material.
本文对法律多元主义的概念提出了质疑,因为它目前在当代法律和历史学术中发挥着作用。它认为,法律多元主义的概念不能从一元论(市政的、以国家为中心的等等)的紧身衣中“解放”实证主义分析法学理论,而是它本身假定了中央集权的国家颁布的法律的首要地位——同时在多元主义话语中掩盖了这种首要地位。法律多元主义的概念应该作为现代法律神话的一部分,而不是作为它的替代品,得到恰当的理解和分析。前两节通过对法律多元主义史学的批判之旅来发展这一论点,重点关注1986年至今。最后一部分接着探讨,当前现代历史学家运用(现代)法律多元主义的概念,试图解释他们在自己的原始材料中不可避免地遇到的法律秩序的多样性时,他们面临的危险是什么。
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引用次数: 0
Interpolity Law and Jurisdictional Politics 跨国法与司法政治
IF 0.8 3区 社会学 Q1 HISTORY Pub Date : 2023-06-01 DOI: 10.1017/s0738248023000147
L. Benton, A. Clulow
Challenging the common assumption that legal misunderstanding was pervasive, this article analyzes jurisdictional politics as an element of “interpolity law”—a broad framework for legal interactions across polities and regions in the early modern world. It draws on recent research on jurisdictional politics to show how such an approach allows historians to avoid some of the familiar pitfalls associated with studies of legal pluralism. This approach provides clear methodological advantages over the study of global legal history as a function of multi-normativity. Political communities across the globe centered on internal and external conflicts on the nature and reach of legal authority. By focusing on jurisdiction as a touchstone of legal action and tracing how legal authority was produced through conflict, our approach treats legal pluralism as a valuable descriptive term rather than an analytical framework. The study of jurisdictional politics portrays state authority as potentially one among many forms of legal authority, and it brings into sharp focus continuities within and across pluri-political regions. By tracking broad institutional shifts that occurred when empires and states moved to assert power over multi-jurisdictional orders, the perspective informs new narratives about trajectories of regional and global legal order.
本文挑战了普遍存在的法律误解这一普遍假设,将管辖权政治作为“国际法”的一个要素进行了分析——“国际法”是现代早期世界中跨政治和地区的法律互动的一个广泛框架。它借鉴了最近对司法政治的研究,以展示这种方法如何使历史学家避免与法律多元主义研究相关的一些常见陷阱。作为多规范的功能,这种方法比研究全球法律史提供了明显的方法优势。世界各地的政治共同体都以法律权威的性质和范围的内部和外部冲突为中心。通过将管辖权作为法律行动的试金石并追溯法律权威是如何通过冲突产生的,我们的方法将法律多元化视为一个有价值的描述性术语,而不是一个分析框架。司法政治的研究将国家权力描绘为潜在的多种形式的法律权威之一,并将焦点集中在多元政治区域内和跨区域的连续性上。通过追踪帝国和国家在多管辖秩序中维护权力时发生的广泛制度变迁,该视角为有关地区和全球法律秩序轨迹的新叙述提供了依据。
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引用次数: 0
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