From Trust to Contract: The Legal Language of Managerial Ideology, 1920–1980

1992 ◽  
Vol 66 (3) ◽  
pp. 523-572 ◽  
Author(s):  
Allen Kaufman ◽  
Lawrence Zacharias
Keyword(s):  
Technological Development ◽  
Market Competition ◽  
Professional Status ◽  
Legal Language ◽  
Modern Democracy ◽  
Tender Offer ◽  
History Of ◽  
The Law ◽  
Organizational Needs

Although the managerial function arises out of organizational needs imposed by market competition and technological development, managers' professional status has come in large part from legal conceptions that perceive the managerially run firm as an institutional bulwark for modern democracy. This article examines how the law, through its doctrines of trust and contract, has made and unmade management as a semi-public profession. The article explores the history of tender-offer regulation as a case study of this process.

From Hard-Copy to Digital Law via “Illustrated Courtrooms”: Visualising the History of Legal English

Pólemos ◽  
2017 ◽  
Vol 11 (1) ◽  
Author(s):  
Matteo Nicolini
Keyword(s):  
English Language ◽  
Body Politic ◽  
The Body ◽  
Hard Copy ◽  
Legal Language ◽  
History Of ◽  
Judicial Proceedings ◽  
Three Stages ◽  
The Law ◽  
Digital Law

Abstract This essay addresses different patterns of the visualisation of the law. It examines how scholars attempt to depict, represent, and perform the law and its founding authority. It also focuses on the pragmatics of legal language: written and spoken standard legal English are pragmatically enriched within contexts where the law is interpreted, uttered, or performed. The linguistic notion of “context” discloses the interrelations between the agendas of law and power and reveals how the law conveys its content to the body politic as its ultimate addressee. It then proposes a renewed concept of legal linguistics. In order to determine the different ideologies underpinning the evolution of English legal language, as well as its prototypical forms of the visualisation of the law, three stages in the history of the English language will be examined: Late Middle English, Early Modern English, and Contemporary English. Each of these stages will be likened to the different parts of judicial proceedings. This will allow us to examine how English legal language has been used in a specific context, the trial, where the law is both uttered and performed.

A critical legal history of French banking and industrialisation: an alternative to the law and development framework

2019 ◽  
Vol 7 (2) ◽  
pp. 215-251
Author(s):  
Jamee K Moudud
Keyword(s):  
Legal History ◽  
Constitutional Theory ◽  
Law And Development ◽  
Development Framework ◽  
History Of ◽  
The Law

Abstract Money is central to production and the constitutional theory of money has emphasised its fundamentally public foundations, with flows of credit being demand-determined. Using France as a case study, this paper challenges the Law and Development framework by discussing law’s constitutive role in promoting industrialisation via the mobilisation of credit.

scholarly journals ‘CHANGING TRADITIONS TO MEET CURRENT ALTERING CONDITIONS’: CUSTOMARY LAW, AFRICAN COURTS AND THE REJECTION OF CODIFICATION IN KENYA, 1930–60

1999 ◽  
Vol 40 (3) ◽  
pp. 411-431 ◽  
Author(s):  
BRETT L. SHADLE
Keyword(s):  
Daily Life ◽  
Customary Law ◽  
Colonial Rule ◽  
Law And Order ◽  
White Line ◽  
History Of ◽  
The Law ◽  
Written Law ◽  
Unwritten Law

If the aim of British colonizers, Frederick Lugard wrote, was to civilize Africans ‘and to devote thought to those matters which…most intimately affect their daily life and happiness, there are few of greater importance than the constitution of native courts’. Moreover, he argued that only from native courts employing customary law was it ‘possible to create rudiments of law and order, to inculcate a sense of responsibility, and evolve among a primitive community some sense of discipline and respect for authority’. Britain had not the manpower, the money nor the mettle to rule by force of arms alone. Essentially, in order to make colonial rule work with only a ‘thin white line’ of European administrators, African ideas of custom and of law had to be incorporated into the new state systems. In a very real way, customary law and African courts provided the ideological and financial underpinnings for European colonial rule.In Kenya from at least the 1920s, but especially in the 1940s and 1950s, administrators struggled with the question of how customary law could best be used in African courts. Prominent among their concerns was the codification of customary law, against which most administrators vigorously fought. British officials believed that reducing African custom to written law and placing it in a code would ‘crystalize’ it, altering its fundamentally fluid or evolutionary nature. Colonizers naturally harbored intentions of using the law to shape society (as Cooper has demonstrated for the Kenya coast) but a fluid, unwritten law provided much greater latitude to pursue these goals. It was necessary, as one administrator put it, to allow ‘changing traditions to meet current altering conditions’.This case study of Kenya offers a different understanding of the history of customary law.

The local state in post-war Mozambique: political practice and ideas about authority

Africa ◽  
1997 ◽  
Vol 67 (1) ◽  
pp. 1-26 ◽  
Author(s):  
Jocelyn Alexander
Keyword(s):  
Civil Society ◽  
Rural Areas ◽  
The State ◽  
Political Practice ◽  
Administrative Authority ◽  
History Of ◽  
The Law ◽  
Post War ◽  
Traditional Authorities

The article explores the ways in which post-independence political practices in Mozambique's rural areas have shaped attitudes towards official authority, and considers the legacy of those attitudes for the recently promulgated Municipalities Law. The law will transfer a range of state functions to elected district institutions, and grant a greater role to ‘traditional authorities’ (chiefs). Mozambican officials and academics see the law—and decentralisation more widely—as a means of making the state more efficient and more responsive to local needs. However, drawing on case study material from Manica Province, the article argues that neither the Frelimo party-state, nor the opposition military movement Renamo, inculcated a political practice which prepared the way for democratic demands. Nor are chiefs likely to represent community interests effectively. In Manica's rural areas ‘local leaders’ such as businessmen, political party leaders, chiefs and church leaders strongly associate official authority with a level of wealth and education that they do not possess, and which consequently exclude them from holding such positions. They also see elections as potentially destabilising. While there is a strong popular desire for chiefs to resume various roles, officials (and chiefs themselves) usually see their future in terms of a late colonial model, i.e. as an extension of administrative authority. Academic literature on democratisation and civil society often posits an opposition between state and civil society, and democratic aspirations within civil society. However, local attitudes towards authority in Manica Province were strongly based in the history of political practice, and are not necessarily sympathetic to democratic ideals. Nor is there a clear opposition between what has often been called ‘civil society’ and the state: individuals moved in and out of association with official authority; leaders of ‘civil society’ often sought to become part of, not to oppose, the state.

Press Propaganda and Subaltern Agents of Pan-Islamic Networks in the Muslim Mediterranean World prior to World War I

2018 ◽  
Author(s):  
Odile Moreau
Keyword(s):  
Middle East ◽  
World War I ◽  
North Africa ◽  
World War ◽  
Subaltern Studies ◽  
Resistance Movements ◽  
The Press ◽  
Mediterranean World ◽  
History Of

This chapter explores movement and circulation across the Mediterranean and seeks to contribute to a history of proto-nationalism in the Maghrib and the Middle East at a particular moment prior to World War I. The discussion is particularly concerned with the interface of two Mediterranean spaces: the Middle East (Egypt, Ottoman Empire) and North Africa (Morocco), where the latter is viewed as a case study where resistance movements sought external allies as a way of compensating for their internal weakness. Applying methods developed by Subaltern Studies, and linking macro-historical approaches, namely of a translocal movement in the Muslim Mediterranean, it explores how the Egypt-based society, al-Ittihad al-Maghribi, through its agent, Aref Taher, used the press as an instrument for political propaganda, promoting its Pan-Islamic programme and its goal of uniting North Africa.

Turning Aliens into Socialists

2010 ◽  
Vol 1 (1) ◽  
pp. 75-93
Author(s):  
Jessica Moberg
Keyword(s):  
Outer Space ◽  
The United States ◽  
Second World War ◽  
World War ◽  
History Of ◽  
Swedish History ◽  
Second World ◽  
The Universe ◽  
Highly Evolved

Immediately after the Second World War Sweden was struck by a wave of sightings of strange flying objects. In some cases these mass sightings resulted in panic, particularly after authorities failed to identify them. Decades later, these phenomena were interpreted by two members of the Swedish UFO movement, Erland Sandqvist and Gösta Rehn, as alien spaceships, or UFOs. Rehn argued that ‘[t]here is nothing so dramatic in the Swedish history of UFOs as this invasion of alien fly-things’ (Rehn 1969: 50). In this article the interpretation of such sightings proposed by these authors, namely that we are visited by extraterrestrials from outer space, is approached from the perspective of myth theory. According to this mythical theme, not only are we are not alone in the universe, but also the history of humankind has been shaped by encounters with more highly-evolved alien beings. In their modern day form, these kinds of ideas about aliens and UFOs originated in the United States. The reasoning of Sandqvist and Rehn exemplifies the localization process that took place as members of the Swedish UFO movement began to produce their own narratives about aliens and UFOs. The question I will address is: in what ways do these stories change in new contexts? Texts produced by the Swedish UFO movement are analyzed as a case study of this process.

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