Pub Date : 2022-11-01DOI: 10.1017/S0738248022000384
Kate Redburn
Abstract Scholars are still unsure why American cities passed cross-dressing bans over the closing decades of the nineteenth century. By the 1960s, cities in every region of the United States had cross-dressing regulations, from major metropolitan centers to small cities and towns. They were used to criminalize gender non-conformity in many forms - for feminists, countercultural hippies, cross-dressers (or “transvestites”), and people we would now consider transgender. Starting in the late 1960s, however, criminal defendants began to topple cross-dressing bans. The story of their success invites a re-assessment of the contemporary LGBT movement’s legal history. This article argues that a trans legal movement developed separately but in tandem with constitutional claims on behalf of gays and lesbians. In some cases, gender outlaws attempted to defend the right to cross-dress without asking courts to understand or adjudicate their gender. These efforts met with mixed success: courts began to recognize their constitutional rights, but litigation also limited which gender outlaws could qualify as trans legal subjects. Examining their legal strategies offers a window into the messy process of translating gender non-conforming experiences and subjectivities into something that courts could understand. Transgender had to be analytically separated from gay and lesbian in life and law before it could be reattached as a distinct minority group.
{"title":"Before Equal Protection: The Fall of Cross-Dressing Bans and the Transgender Legal Movement, 1963–86","authors":"Kate Redburn","doi":"10.1017/S0738248022000384","DOIUrl":"https://doi.org/10.1017/S0738248022000384","url":null,"abstract":"Abstract Scholars are still unsure why American cities passed cross-dressing bans over the closing decades of the nineteenth century. By the 1960s, cities in every region of the United States had cross-dressing regulations, from major metropolitan centers to small cities and towns. They were used to criminalize gender non-conformity in many forms - for feminists, countercultural hippies, cross-dressers (or “transvestites”), and people we would now consider transgender. Starting in the late 1960s, however, criminal defendants began to topple cross-dressing bans. The story of their success invites a re-assessment of the contemporary LGBT movement’s legal history. This article argues that a trans legal movement developed separately but in tandem with constitutional claims on behalf of gays and lesbians. In some cases, gender outlaws attempted to defend the right to cross-dress without asking courts to understand or adjudicate their gender. These efforts met with mixed success: courts began to recognize their constitutional rights, but litigation also limited which gender outlaws could qualify as trans legal subjects. Examining their legal strategies offers a window into the messy process of translating gender non-conforming experiences and subjectivities into something that courts could understand. Transgender had to be analytically separated from gay and lesbian in life and law before it could be reattached as a distinct minority group.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"679 - 723"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47274282","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/S0738248022000670
Marie-Amélie George
In the fall of 1989, the queer community became embroiled in a fierce debate over whether to press for marriage rights. Two attorneys from Lambda Legal, a leading gay and lesbian rights organization, set out the competing considerations in the pages of Out/Look, a community magazine. Tom Stoddard, the then-executive director, argued that the movement should prioritize marriage rights because that strategy provided the surest path to equality. Paula Ettelbrick, Lambda's Legal Director, disagreed. She conceded that marriage provided “the ultimate form of acceptance” and “an insider status of the most powerful kind.” That fact, however, was the problem. Gays and lesbians, she argued, should not be focused on assimilating to the mainstream, but rather should pursue justice for those who were different.
{"title":"Complicating Conformity","authors":"Marie-Amélie George","doi":"10.1017/S0738248022000670","DOIUrl":"https://doi.org/10.1017/S0738248022000670","url":null,"abstract":"In the fall of 1989, the queer community became embroiled in a fierce debate over whether to press for marriage rights. Two attorneys from Lambda Legal, a leading gay and lesbian rights organization, set out the competing considerations in the pages of Out/Look, a community magazine. Tom Stoddard, the then-executive director, argued that the movement should prioritize marriage rights because that strategy provided the surest path to equality. Paula Ettelbrick, Lambda's Legal Director, disagreed. She conceded that marriage provided “the ultimate form of acceptance” and “an insider status of the most powerful kind.” That fact, however, was the problem. Gays and lesbians, she argued, should not be focused on assimilating to the mainstream, but rather should pursue justice for those who were different.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"819 - 826"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46211266","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/S0738248022000359
Will Smiley
{"title":"Rebellion, Sovereignty, and Islamic Law in the Ottoman Age of Revolutions – CORRIGENDUM","authors":"Will Smiley","doi":"10.1017/S0738248022000359","DOIUrl":"https://doi.org/10.1017/S0738248022000359","url":null,"abstract":"","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"875 - 875"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49343096","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/s0738248022000633
Christopher Roberts
{"title":"Lisa Ford, The King's Peace: Law and Order in the British Empire. Cambridge, MA: Harvard University Press, 2021. Pp. 336. $35.00 hardcover (ISBN 9780674249073).","authors":"Christopher Roberts","doi":"10.1017/s0738248022000633","DOIUrl":"https://doi.org/10.1017/s0738248022000633","url":null,"abstract":"","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"869 - 871"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46709821","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/S073824802200061X
Erin E. Braatz
{"title":"Michael Lobban, Imperial Incarceration: Detention without Trial in the Making of British Colonial Africa Cambridge: Cambridge University Press, 2021. Pp. xii, 450. $120.00 hardcover (ISBN 9781316519127); open access pdf (ISBN: 9781009004848).","authors":"Erin E. Braatz","doi":"10.1017/S073824802200061X","DOIUrl":"https://doi.org/10.1017/S073824802200061X","url":null,"abstract":"","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"867 - 868"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"56963539","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/S0738248022000682
S. Maynard
Just a stone's throw from the campus of the university in Kingston, Ontario, where I teach, is a small park. Hugging a rocky stretch of Lake Ontario shoreline, Macdonald Park, named after Canada's first prime minister, is better known by locals as “Pervert Park.” Since at least World War II, Pervert Park has been the primary cruising ground in Kingston for men searching for sex with other men, a meeting place for a mix of mostly working-class men, men stationed at the nearby military base, and the occasional intrepid university student. For women, the park's name references a different kind of pervert and signals the potential danger of walking alone in the park at night. Two of the park's main features are the Newlands Pavilion, a bandstand built in 1896, and the Richardson bathhouse, which is really a public washroom and changing facility, and which, when it first opened in 1919, boasted lockers, hot-water showers, and a list of “rules that would be enforced to maintain decorum in the bathing house.” A paved path, punctuated by park benches, connects the pavilion and bathhouse, which, after dark, conveniently becomes an oval track for men cruising around and sometimes having sex behind the pavilion and bathhouse.
{"title":"Meet Me in Pervert Park: Epistemology, Positionality, and Praxis in the Queer History of Policing and the Law","authors":"S. Maynard","doi":"10.1017/S0738248022000682","DOIUrl":"https://doi.org/10.1017/S0738248022000682","url":null,"abstract":"Just a stone's throw from the campus of the university in Kingston, Ontario, where I teach, is a small park. Hugging a rocky stretch of Lake Ontario shoreline, Macdonald Park, named after Canada's first prime minister, is better known by locals as “Pervert Park.” Since at least World War II, Pervert Park has been the primary cruising ground in Kingston for men searching for sex with other men, a meeting place for a mix of mostly working-class men, men stationed at the nearby military base, and the occasional intrepid university student. For women, the park's name references a different kind of pervert and signals the potential danger of walking alone in the park at night. Two of the park's main features are the Newlands Pavilion, a bandstand built in 1896, and the Richardson bathhouse, which is really a public washroom and changing facility, and which, when it first opened in 1919, boasted lockers, hot-water showers, and a list of “rules that would be enforced to maintain decorum in the bathing house.” A paved path, punctuated by park benches, connects the pavilion and bathhouse, which, after dark, conveniently becomes an oval track for men cruising around and sometimes having sex behind the pavilion and bathhouse.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"827 - 837"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45575779","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/S0738248022000608
Allyson N. May
,
，
{"title":"Sascha Auerbach, Armed with Sword and Scales: Law, Culture, and Local Courtrooms in London, 1860–1913 Cambridge: Cambridge University Press, 2021. Pp. xxii, 403. $99.99 hardcover (ISBN 978-1-108-49155-6).","authors":"Allyson N. May","doi":"10.1017/S0738248022000608","DOIUrl":"https://doi.org/10.1017/S0738248022000608","url":null,"abstract":",","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"865 - 867"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44650857","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/S0738248022000712
S. Blumenthal
“They look upon fraud as a greater crime than theft, and therefore seldom fail to punish it with death,” Jonathan Swift famously wrote of the fictional island of Lilliput in Gulliver's Travels. Appearing as an epigraph of Edward Balleisen's Fraud: An American History from Barnum to Madoff, it invites comparison of Lilliput with the United States, not least because it is paired with a 2007 quotation from the former Federal Reserve Chairman Alan Greenspan, who was rather more philosophical about fraud. As the world teetered on the edge of economic crisis, he wrote it off as a regrettable but inevitable part of “the way human nature functions,” suggesting that “what successful economies do is keep it to a minimum.” Looking backward, Balleisen finds greater ambivalence in the historical record, as a matter of both human psychology and American law. From the nation's founding, he observes, “the country's lionization of entrepreneurial freedom has given aid and comfort to the perpetrators of duplicitous schemes.” But this is not to say that they have been allowed to act with impunity. To the contrary, their creative deceptions have inspired a wide array of anti-fraud initiatives, operating “at the leading edge of regulatory innovation.” In chronicling these conflicting and conflicted pursuits of profit and justice over the course of two centuries of American history, Balleisen brilliantly elucidates an enduring dilemma of governance: how to promote ingenuity without undermining “‘the capital of confidence upon which all progress depends.’”
乔纳森·斯威夫特（Jonathan Swift）在《格列佛游记》（Gulliver’s Travels）中谈到虚构的小人国岛时写道：“他们认为欺诈比盗窃更严重，因此很少不处以死刑。”。作为爱德华·巴列森（Edward Balleisen）的《欺诈：从巴纳姆到麦道夫的美国历史》（Fraud：an American History from Barnum to Madoff）的题词出现，它邀请人们将小人国与美国进行比较，尤其是因为它与前美联储主席艾伦·格林斯潘（Alan Greenspan）2007年的一句话相结合，后者对欺诈更具哲理。当世界在经济危机的边缘摇摇欲坠时，他认为这是“人性运作方式”中令人遗憾但不可避免的一部分，并暗示“成功的经济体所做的就是将其保持在最低限度。”回顾过去，Balleisen在历史记录中发现，无论是人类心理还是美国法律，都存在更大的矛盾心理。他指出，从建国之初，“国家对创业自由的推崇就为口是心非的计划的实施者提供了帮助和安慰。”但这并不是说他们被允许逍遥法外。相反，他们的创造性欺骗激发了一系列反欺诈举措，“处于监管创新的前沿”，Balleisen精彩地阐述了治理的一个长期困境：如何在不破坏“所有进步所依赖的信心资本”的情况下促进独创性
{"title":"Seeing Like an Anti-Fraud State","authors":"S. Blumenthal","doi":"10.1017/S0738248022000712","DOIUrl":"https://doi.org/10.1017/S0738248022000712","url":null,"abstract":"“They look upon fraud as a greater crime than theft, and therefore seldom fail to punish it with death,” Jonathan Swift famously wrote of the fictional island of Lilliput in Gulliver's Travels. Appearing as an epigraph of Edward Balleisen's Fraud: An American History from Barnum to Madoff, it invites comparison of Lilliput with the United States, not least because it is paired with a 2007 quotation from the former Federal Reserve Chairman Alan Greenspan, who was rather more philosophical about fraud. As the world teetered on the edge of economic crisis, he wrote it off as a regrettable but inevitable part of “the way human nature functions,” suggesting that “what successful economies do is keep it to a minimum.” Looking backward, Balleisen finds greater ambivalence in the historical record, as a matter of both human psychology and American law. From the nation's founding, he observes, “the country's lionization of entrepreneurial freedom has given aid and comfort to the perpetrators of duplicitous schemes.” But this is not to say that they have been allowed to act with impunity. To the contrary, their creative deceptions have inspired a wide array of anti-fraud initiatives, operating “at the leading edge of regulatory innovation.” In chronicling these conflicting and conflicted pursuits of profit and justice over the course of two centuries of American history, Balleisen brilliantly elucidates an enduring dilemma of governance: how to promote ingenuity without undermining “‘the capital of confidence upon which all progress depends.’”","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"855 - 861"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41820903","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/s0738248022000621
G. Abbattista
{"title":"Henrietta Harrison, The Perils of Interpreting. The Extraordinary Lives of Two Interpreters between Qing China and the British Empire Princeton: Princeton University Press, 2021. Pp. 312. $29.95 hardcover (ISBN 9780691225456).","authors":"G. Abbattista","doi":"10.1017/s0738248022000621","DOIUrl":"https://doi.org/10.1017/s0738248022000621","url":null,"abstract":"","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"871 - 874"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45962320","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/S0738248022000475
Nora Slonimsky
Abstract While the reach of Parliament was hotly contested in eighteenth-century America, there was one Act in particular that proved especially complicated for geographer Lewis Evans and his daughter, Amelia Evans Barry. Believing that English copyright law did not extend to Philadelphia in the 1750s, Lewis Evans drew on a variety of tools and circumstances to, in essence, craft his own interpretation of what benefits of copyright he and his family could obtain. Rather than formal copyright disputes involving legal documentation, this particular episode focused on other aspects of A General Map of the Middle British Colonies, In America. Inheriting the copyright to A General Map from her father, Amelia Evans Barry in turn sought to enforce and recreate a claim to literary labor over subsequent decades. The result was a unique story of copyright’s origins in America that also underscored the challenge of enforcing structures of power and perceptions of authority, particularly over geographic media, in the British empire. The boundaries of jurisdiction and sovereignty, the same ones depicted in A General Map, were that much more difficult to enforce when it came to intellectual property.
{"title":"“To Save the Benefit of the Act of Parliamt”: Mapping an Early American Copyright","authors":"Nora Slonimsky","doi":"10.1017/S0738248022000475","DOIUrl":"https://doi.org/10.1017/S0738248022000475","url":null,"abstract":"Abstract While the reach of Parliament was hotly contested in eighteenth-century America, there was one Act in particular that proved especially complicated for geographer Lewis Evans and his daughter, Amelia Evans Barry. Believing that English copyright law did not extend to Philadelphia in the 1750s, Lewis Evans drew on a variety of tools and circumstances to, in essence, craft his own interpretation of what benefits of copyright he and his family could obtain. Rather than formal copyright disputes involving legal documentation, this particular episode focused on other aspects of A General Map of the Middle British Colonies, In America. Inheriting the copyright to A General Map from her father, Amelia Evans Barry in turn sought to enforce and recreate a claim to literary labor over subsequent decades. The result was a unique story of copyright’s origins in America that also underscored the challenge of enforcing structures of power and perceptions of authority, particularly over geographic media, in the British empire. The boundaries of jurisdiction and sovereignty, the same ones depicted in A General Map, were that much more difficult to enforce when it came to intellectual property.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":"40 1","pages":"625 - 654"},"PeriodicalIF":0.8,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46395626","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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