Crime and the Law: The Social History of Crime in Western Europe Since 1500.

1981 ◽  
Vol 34 (4) ◽  
pp. 672
Author(s):  
J. A. Chartres ◽  
V. A. C. Gatrell ◽  
Bruce Lenman ◽  
Geoffrey Parker
Author(s):  
Gershon David Hundert

This chapter investigates the conditions in Jewish society in the Polish–Lithuanian Commonwealth in the middle decades of the eighteenth century. The place of hasidism in the religious history of the eighteenth century ought to be reconsidered not only in light of the questions about the schismatic groups in the Orthodox Church raised by Ysander, but also in light of the general revivalist currents in western Europe. The social historian cannot explain hasidism, which belongs to the context of the development of the east European religious mentality in the eighteenth century. Social history does, however, point to some significant questions that ought to be explored further. One of these is the role of youth and generational conflict in the beginnings of the movement, and not only in its beginnings. A realistic recovery of the situation of the Polish-Lithuanian Jewry in the eighteenth century shows that neither the economic nor the security conditions were such as to warrant their use as causal or explanatory factors in the rise and reception of hasidism.


2021 ◽  
Vol 67 (2) ◽  
pp. 172-201
Author(s):  
Yury Fogelson ◽  
Dmitry Poldnikov

The rule of law, understood as ideology and legal rules, is believed to be a competitive advantage of Western civilization, supporting its sustainable development. Yet it can also be viewed as a social norm of citizens who respect the law and follow its commands. How does this social norm emerge in different societies? This question must be answered through the social history of the law in Western and non-Western societies from a comparative perspective. This paper outlines the main features of comparative socio-legal history and tests it on some significant historical examples. In the first part of the article, the authors propose a functional classification of legal systems into three ideal Weberian types-the law of judges, learned law, and the law of the authorities. It allows us to consider the origin of the social norm of the rule of law. In the second part of the article, the authors trace the transition from the ideal types to natural legal systems and identify the factors that determine the stability of the social norm of the rule of law where it originated. In the final part of the article, the authors conclude that, first, the social norm of the rule of law emerged in the societies where the law had been treated either as a means of resolving disputes (the law of judges) or as the rules of fair, correct conduct (learned law), for example, the Roman Republic, medieval England, continental Europe, and the Ottoman Empire. Secondly, the stability of the social norm of the rule of law seems to be explained by a "triangle" of factors, namely: 1) political competition where all participants understand the inevitability of compromise on the basis of the law, 2) law which is suitable for finding a compromise due to its internal merits, 3) a professional community of jurists who develop and apply law independently of the administration. Such a triangle is possible in any society where the law of judges or learned law prevails and where the majority of participants in the political process are ready to compromise based on the current law. / JEL Classification: K 10; K 11; K 12


2008 ◽  
Vol 34-35 (1-2) ◽  
pp. 1-35 ◽  
Author(s):  
Constantin Iordachi

This introductory essay reviews recent debates on social history, with a focus on the revival of this field of studies in post-communist East Central Europe and its potential impact on rejuvenating approaches to the social history of Europe. The first part of the essay provides a brief overview of the emergence of social history as a reaction to the dominant political history of the nineteenth century and its crystallization in different national schools, and highlights recent responses to the poststructuralist and postmodern critiques of “the social.” The second part focuses on traditions of social history research in East Central Europe, taking Poland and Romania as main examples. The third part summarizes the main claims of the articles included in this issue and evaluates their implications for future research. It is argued that, at first glance, post-communist historiography in East Central Europe provides the picture of a discipline in transformation, still struggling to break up with the past and to rebuild its institutional framework, catching up with recent trends and redefining its role in continental and global historiography. The recent attempts to invigorate research in traditional fields of social history might seem largely obsolete, not only out of tune with international developments but also futile reiterations of vistas that have been for long experimented with and superseded in Western Europe. At closer scrutiny, however, historiography in East Central Europe appears—unequal and variegated as it is—as a laboratory for historical innovation and a field of experimentation, and interaction of scholars from various disciplines and scholarly traditions, in which old and new trends amalgamate in peculiar ways. It is suggested that the tendency to reconceptualize the “social” that we currently witness in humanities and social sciences worldwide could be not only reinforced but also cross-fertilized by the “social turn” in East Central Europe, potentially leading to novel approaches.


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