Pub Date : 2023-02-01DOI: 10.1017/S0738248023000251
Qiliang He
{"title":"Yue Du, State and Family in China: Filial Piety and Its Modern Reform Cambridge: Cambridge University Press, 2021. Pp. 312. Hardcover £ 75.00 (ISBN: 9781108838351). doi:10.1017/9781108974479","authors":"Qiliang He","doi":"10.1017/S0738248023000251","DOIUrl":"https://doi.org/10.1017/S0738248023000251","url":null,"abstract":"","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"231 - 233"},"PeriodicalIF":0.8,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44949644","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 : 2023-02-01DOI: 10.1017/S0738248023000044
Teal Arcadi
Abstract This article explores how the construction of the National System of Interstate and Defense Highways prompted litigation that altered the course of administrative law and governance from the 1960s onward. By that time, the construction of the interstate system had become synonymous with the destruction of neighborhoods and parks bulldozed to make way for the “concrete monsters,” as some came to call the interstates. Ensuing protests—“freeway revolts”—pressed for altered construction practices and participatory roles for citizens and communities in the state building process underway. This article explores the legal consequences of interstate highway protest, and advances two arguments. First, freeway revolts brought distinctive reforms to the practices of modern American state building, particularly when they produced the canonical Supreme Court case Citizens to Preserve Overton Park v. Volpe (1971). Second, despite the reformist inclinations present in Overton Park, the case created an unequal legal and physical landscape of state building. Contrasting Overton Park with Nashville I-40 Steering Committee v. Ellington (1967), a case dealing with racial discrimination and community destruction, reveals the mechanics of a legal regime that cemented racial and class hierarchies in place across long horizons of space and time via the interstate system's durable, nation-spanning asphalt limbs.
{"title":"Concrete Leviathan: The Interstate Highway System and Infrastructural Inequality in the Age of Liberalism","authors":"Teal Arcadi","doi":"10.1017/S0738248023000044","DOIUrl":"https://doi.org/10.1017/S0738248023000044","url":null,"abstract":"Abstract This article explores how the construction of the National System of Interstate and Defense Highways prompted litigation that altered the course of administrative law and governance from the 1960s onward. By that time, the construction of the interstate system had become synonymous with the destruction of neighborhoods and parks bulldozed to make way for the “concrete monsters,” as some came to call the interstates. Ensuing protests—“freeway revolts”—pressed for altered construction practices and participatory roles for citizens and communities in the state building process underway. This article explores the legal consequences of interstate highway protest, and advances two arguments. First, freeway revolts brought distinctive reforms to the practices of modern American state building, particularly when they produced the canonical Supreme Court case Citizens to Preserve Overton Park v. Volpe (1971). Second, despite the reformist inclinations present in Overton Park, the case created an unequal legal and physical landscape of state building. Contrasting Overton Park with Nashville I-40 Steering Committee v. Ellington (1967), a case dealing with racial discrimination and community destruction, reveals the mechanics of a legal regime that cemented racial and class hierarchies in place across long horizons of space and time via the interstate system's durable, nation-spanning asphalt limbs.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"145 - 169"},"PeriodicalIF":0.8,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42854772","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 : 2023-02-01DOI: 10.1017/S073824802300024X
Ángela Fernández
Animal–human history is an increasingly popular area of historical research.1 Diana Donald's 2020 book, Women Against Cruelty: Protection of Animals in Nineteenth-Century Britain is a must-read for anyone interested in the history of animal protection and the role women have played in moral reform movements. Starting from the premise that the prevention of cruelty to animals is “a pure product of the nineteenth century” (p. 7), this dazzling book takes its reader through a wide range of important topics such as the early history of the Royal Society for the Prevention of Cruelty to Animals (RSPCA), differences between men and women's attitudes toward animals, and the role women played in humane education.2 This review will particularly highlight the way that Donald consistently attacks reductionist theses that discount the genuine concern women had for animals in the nineteenth-century British animal protection movement, and how her interpretations consistently refocus our attention on historical evidence of that genuine concern.
{"title":"Genuine Concern for Animals in England's Nineteenth-Century Animal Protection Movement: The Case Against Reductionist Interpretations","authors":"Ángela Fernández","doi":"10.1017/S073824802300024X","DOIUrl":"https://doi.org/10.1017/S073824802300024X","url":null,"abstract":"Animal–human history is an increasingly popular area of historical research.1 Diana Donald's 2020 book, Women Against Cruelty: Protection of Animals in Nineteenth-Century Britain is a must-read for anyone interested in the history of animal protection and the role women have played in moral reform movements. Starting from the premise that the prevention of cruelty to animals is “a pure product of the nineteenth century” (p. 7), this dazzling book takes its reader through a wide range of important topics such as the early history of the Royal Society for the Prevention of Cruelty to Animals (RSPCA), differences between men and women's attitudes toward animals, and the role women played in humane education.2 This review will particularly highlight the way that Donald consistently attacks reductionist theses that discount the genuine concern women had for animals in the nineteenth-century British animal protection movement, and how her interpretations consistently refocus our attention on historical evidence of that genuine concern.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"217 - 224"},"PeriodicalIF":0.8,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42228141","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 : 2023-02-01DOI: 10.1017/S0738248023000056
Hayden Bellenoit
Abstract This article explores how colonial law in India interacted with the construction of caste rank (varna) between 1860 and 1930. It specifically tracks contestations over Kayasthas’ legal varna rank in northern and eastern India through various inheritance disputes, threading them together to shed light on how courts sought to anchor their interpretations of Hindu law around the Indian jurisprudential conceptions of varna. It examines the successes and failures of Kayasthas to have favorable legal rulings that would uphold their status as “twice-born”/dvija, demonstrating that colonial law was limited in its ability (and often indifferent) to construct caste ranks. Inconsistent ruling in provincial courts pushed Kayasthas to seek taxonomic recognition as “twice-born” in the colonial census, demonstrating how colonial law and taxonomy intersected in novel ways. This article argues that by taking a novel approach to Indian social history through the prism of law, we can enrich our understanding of how modern notions of caste and social rank were constructed in colonial India.
{"title":"Legal Limbo and Caste Consternation: Determining Kayasthas’ Varna Rank in Indian Law Courts, 1860–1930","authors":"Hayden Bellenoit","doi":"10.1017/S0738248023000056","DOIUrl":"https://doi.org/10.1017/S0738248023000056","url":null,"abstract":"Abstract This article explores how colonial law in India interacted with the construction of caste rank (varna) between 1860 and 1930. It specifically tracks contestations over Kayasthas’ legal varna rank in northern and eastern India through various inheritance disputes, threading them together to shed light on how courts sought to anchor their interpretations of Hindu law around the Indian jurisprudential conceptions of varna. It examines the successes and failures of Kayasthas to have favorable legal rulings that would uphold their status as “twice-born”/dvija, demonstrating that colonial law was limited in its ability (and often indifferent) to construct caste ranks. Inconsistent ruling in provincial courts pushed Kayasthas to seek taxonomic recognition as “twice-born” in the colonial census, demonstrating how colonial law and taxonomy intersected in novel ways. This article argues that by taking a novel approach to Indian social history through the prism of law, we can enrich our understanding of how modern notions of caste and social rank were constructed in colonial India.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"43 - 63"},"PeriodicalIF":0.8,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42105760","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 : 2023-01-11DOI: 10.1017/S0738248022000499
Bente de Leede, Nadeera Rupesinghe
Abstract In eighteenth-century, colonial Sri Lanka, the Dutch church kept extensive registers of the local population. These “school thombos” contain individual registration of baptism, marriage, school attendance and death. This article argues that the school thombos reveal moral control over family life by the Dutch East India Company and the Dutch Reformed Church, while offering locals a legal and religious identity to employ in negotiating the Dutch colonial bureaucracy. These rarely studied registers shed new light on Sri Lankan family history and the practices of Dutch colonialism. What do they tell us about conjunctures of locals with colonial religion in eighteenth-century Sri Lanka? The school thombo was an instrument used to register and regulate family life, with specific functions and uses by different actors. This article explores the format, objectives and use of the school thombo. Why was the school thombo created and who were registered in these sources? What were the micro practices of drawing up the school thombo? The article is supported by several case studies that illustrate how the school thombo found its way into family life while demonstrating the value of written identities.
{"title":"Registering and Regulating Family Life: The School Thombos in Dutch Sri Lanka","authors":"Bente de Leede, Nadeera Rupesinghe","doi":"10.1017/S0738248022000499","DOIUrl":"https://doi.org/10.1017/S0738248022000499","url":null,"abstract":"Abstract In eighteenth-century, colonial Sri Lanka, the Dutch church kept extensive registers of the local population. These “school thombos” contain individual registration of baptism, marriage, school attendance and death. This article argues that the school thombos reveal moral control over family life by the Dutch East India Company and the Dutch Reformed Church, while offering locals a legal and religious identity to employ in negotiating the Dutch colonial bureaucracy. These rarely studied registers shed new light on Sri Lankan family history and the practices of Dutch colonialism. What do they tell us about conjunctures of locals with colonial religion in eighteenth-century Sri Lanka? The school thombo was an instrument used to register and regulate family life, with specific functions and uses by different actors. This article explores the format, objectives and use of the school thombo. Why was the school thombo created and who were registered in these sources? What were the micro practices of drawing up the school thombo? The article is supported by several case studies that illustrate how the school thombo found its way into family life while demonstrating the value of written identities.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"501 - 521"},"PeriodicalIF":0.8,"publicationDate":"2023-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41318548","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 : 2022-12-20DOI: 10.1017/S0738248022000487
Donal K. Coffey
Abstract This paper aims to consider four elements of Burmese constitutional history between 1946 and 1948. The first section considers the negotiations between Burma and the United Kingdom and argues that the debate about whether Burma wanted Dominion status has overlooked the crucial transitional government period. The second section gives a brief overview of the drafting process, paying particular attention to the links between the Indian Constituent Assembly in Delhi and Rangoon. The third section outlines the comparative influences on the Burmese Constitution using the digital humanities and illustrates that the biggest foreign influence was the Irish Constitution of 1937. The final section looks at the Burmese political leadership after World War II along two dimensions—at a nationalist level and at an elite level—and traces some of the links between Burma and Ireland.
{"title":"The Drafting of the Constitution of the Union of Burma in 1947: Dominion Status, Indo–Burmese Relations, and the Irish Example","authors":"Donal K. Coffey","doi":"10.1017/S0738248022000487","DOIUrl":"https://doi.org/10.1017/S0738248022000487","url":null,"abstract":"Abstract This paper aims to consider four elements of Burmese constitutional history between 1946 and 1948. The first section considers the negotiations between Burma and the United Kingdom and argues that the debate about whether Burma wanted Dominion status has overlooked the crucial transitional government period. The second section gives a brief overview of the drafting process, paying particular attention to the links between the Indian Constituent Assembly in Delhi and Rangoon. The third section outlines the comparative influences on the Burmese Constitution using the digital humanities and illustrates that the biggest foreign influence was the Irish Constitution of 1937. The final section looks at the Burmese political leadership after World War II along two dimensions—at a nationalist level and at an elite level—and traces some of the links between Burma and Ireland.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"253 - 272"},"PeriodicalIF":0.8,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42572180","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 : 2022-11-14DOI: 10.1017/S073824802200044X
Leonard R. Hodges, N. Chatterjee
This article examines Persian-language orders—parwanas—issued by regimes that succeeded the Mughal Empire in South Asia, to European trading companies. Focussing in particular on the mid-eighteenth-century exchanges between the Nizam of Hyderabad; the Nawab of Arcot; and the French Compagnie des Indes, we see how Mughal-style parwanas, or sub-imperial orders, previously used to give instructions or to make or withdraw grants, were transformed into a form of political currency. They were now used to exchange military and fiscal resources between South Asian state-builders and militarised European corporations, and to secure political legitimacy for all within a putative Mughal imperium. Moreover, the legal fiction of Mughal sovereignty led to a grants race, such that rivals—European and South Asian—sought more and more parwanas, while also querying the legitimacy of authorities that issued them. The very fragility of the Mughal empire and the lability of the political landscape in eighteenth-century South Asia was thus generative of prolific Persian legal documentation, as well as its rewiring to novel uses. European empire-builders negotiated this legal landscape with only partial literacy, consequently fetishizing the material aspects and ceremonial accompaniments of Persian legal documents, and according them power beyond their immediate substance.
{"title":"The Power of Parwanas: Indo-Persian Grants and the Making of Empire in Eighteenth-Century Southern India","authors":"Leonard R. Hodges, N. Chatterjee","doi":"10.1017/S073824802200044X","DOIUrl":"https://doi.org/10.1017/S073824802200044X","url":null,"abstract":"This article examines Persian-language orders—parwanas—issued by regimes that succeeded the Mughal Empire in South Asia, to European trading companies. Focussing in particular on the mid-eighteenth-century exchanges between the Nizam of Hyderabad; the Nawab of Arcot; and the French Compagnie des Indes, we see how Mughal-style parwanas, or sub-imperial orders, previously used to give instructions or to make or withdraw grants, were transformed into a form of political currency. They were now used to exchange military and fiscal resources between South Asian state-builders and militarised European corporations, and to secure political legitimacy for all within a putative Mughal imperium. Moreover, the legal fiction of Mughal sovereignty led to a grants race, such that rivals—European and South Asian—sought more and more parwanas, while also querying the legitimacy of authorities that issued them. The very fragility of the Mughal empire and the lability of the political landscape in eighteenth-century South Asia was thus generative of prolific Persian legal documentation, as well as its rewiring to novel uses. European empire-builders negotiated this legal landscape with only partial literacy, consequently fetishizing the material aspects and ceremonial accompaniments of Persian legal documents, and according them power beyond their immediate substance.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"41 1","pages":"479 - 500"},"PeriodicalIF":0.8,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44554996","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 : 2022-11-01DOI: 10.1017/S0738248022000529
Adam Mestyan, Rezk Nori
Abstract In this article, we explore the “probate regime,” an administrative field of government activity of legally transferring, taxing, and administering bequests. As an example, we study the changes of the Egyptian probate regime in a longue durée perspective, with a focus on the nineteenth century when Egypt was a sub-Ottoman “khedivate.” We argue that the rationalization and expansion of the previously Ottoman administration of bequests, unlike Western bureaucracies, retained religious norms in the 1850s-1860s. In the context of Egyptian legal transformation, the change in the probate regime represents a case when Islamic norms became contested between administrative bodies of the government and the Muslim judge (qadi). Drawing on novel archival research in Egypt and elsewhere, we first consider the institutions of the Ottoman probate regime (probate judge, fees, and a probate bureau). Next, we zoom in on the way the khedivial probate bureau became a large, de-Ottomanized, Muslim administration of death by the 1870s in a partnership between khedives and local jurists. The khedives also considered the orphans’ wealth under the care of the bureau a source of government capitalism. Despite the abolishment of the probate bureau in 1896, the khedivial transformation ensured that Muslim principles remained normative during the British occupation which ushered in a new division of law into “religious” and “civil” legal domains.
{"title":"The Probate Regime: Enchanted Bureaucracy, Islamic Law, and the Capital of Orphans in Nineteenth-Century Egypt","authors":"Adam Mestyan, Rezk Nori","doi":"10.1017/S0738248022000529","DOIUrl":"https://doi.org/10.1017/S0738248022000529","url":null,"abstract":"Abstract In this article, we explore the “probate regime,” an administrative field of government activity of legally transferring, taxing, and administering bequests. As an example, we study the changes of the Egyptian probate regime in a longue durée perspective, with a focus on the nineteenth century when Egypt was a sub-Ottoman “khedivate.” We argue that the rationalization and expansion of the previously Ottoman administration of bequests, unlike Western bureaucracies, retained religious norms in the 1850s-1860s. In the context of Egyptian legal transformation, the change in the probate regime represents a case when Islamic norms became contested between administrative bodies of the government and the Muslim judge (qadi). Drawing on novel archival research in Egypt and elsewhere, we first consider the institutions of the Ottoman probate regime (probate judge, fees, and a probate bureau). Next, we zoom in on the way the khedivial probate bureau became a large, de-Ottomanized, Muslim administration of death by the 1870s in a partnership between khedives and local jurists. The khedives also considered the orphans’ wealth under the care of the bureau a source of government capitalism. Despite the abolishment of the probate bureau in 1896, the khedivial transformation ensured that Muslim principles remained normative during the British occupation which ushered in a new division of law into “religious” and “civil” legal domains.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"597 - 624"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46405016","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 : 2022-11-01DOI: 10.1017/S0738248022000700
Anna Lvovsky
I want to begin by thanking the editors of Law and History Review for hosting this rich exchange on Vice Patrol, as well as Marie-Amélie George, Yvonne Pitts, and Steven Maynard for their generous and generative comments. Engaging so deeply and so rigorously with another scholar's project, connecting it to one's own research and even to one's own life experience, is an act of remarkable collegiality, and I am grateful for their time and reflections.
{"title":"Response","authors":"Anna Lvovsky","doi":"10.1017/S0738248022000700","DOIUrl":"https://doi.org/10.1017/S0738248022000700","url":null,"abstract":"I want to begin by thanking the editors of Law and History Review for hosting this rich exchange on Vice Patrol, as well as Marie-Amélie George, Yvonne Pitts, and Steven Maynard for their generous and generative comments. Engaging so deeply and so rigorously with another scholar's project, connecting it to one's own research and even to one's own life experience, is an act of remarkable collegiality, and I am grateful for their time and reflections.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"847 - 854"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48983872","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 : 2022-11-01DOI: 10.1017/s0738248023000111
{"title":"LHR volume 40 issue 4 Cover and Front matter","authors":"","doi":"10.1017/s0738248023000111","DOIUrl":"https://doi.org/10.1017/s0738248023000111","url":null,"abstract":"","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":" ","pages":"f1 - f6"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45712206","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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