scholarly journals The Inquisition of 1517. Inclosures and Evictions. Part II. Edited from the Lansdowne MS. 1. 153

1893 ◽  
Vol 7 ◽  
pp. 127-292
Author(s):  
I. S. Leadam
Keyword(s):  
Sixteenth Century ◽  
Legal Theory ◽  
Common Law ◽  
Historical Review ◽  
The Other ◽  
Historical Society ◽  
Sharp Distinction ◽  
Legal Security ◽  
The One ◽  
At Will

In the ‘English Historical Review’ for April (1893) Professor Ashley offers some criticisms upon the ‘Introduction to the Inquisition of 1517,’ contributed by me to the ‘Transactions of the Royal Historical Society’ for 1892. One object of that Introduction, it may be remembered, was to disprove the assertion of Professor Ashley that at the time when the evictions for inclosure began, and until ‘towards the end of the period,’ ‘the mass of copyholders’ had no legal security. In my view, the manorial records, the compilations of laws in the twelfth and thirteenth centuries, the practice of the courts, even the treatises of the jurists when critically scrutinised, led to the conclusion not merely that copyholders enjoyed protection in legal theory, but that their predecessors in title, the villeins, had done so before them. I drew no distinction in this matter between customary tenants and copyholders, as Professor Ashley appears to suppose, but showed that security extended even to villeins by blood, or ‘nativi,’ on custo-mary lands. Professor Ashley's proposition that ‘customary tenants’ and ‘copyholders’ were equivalent terms was never doubted by me, and is irrelevant to my argument. Indeed, it is assumed by me on the very pages to which he refers. ‘Mr. Leadam,’ he says, ‘draws a sharp distinction between “copyholders” on the one side and “tenants at will” on the other—a distinction which one may doubt whether the men of the sixteenth century would have felt so keenly.’ The distinction, as those who turn to the passage will see, is between ‘copyholders,’ used in Fitzherbert's sense as equivalent to customary tenants, who were ‘tenants at will according to the custom of the manor,’ and ‘tenants at will at Common Law.’

The Reformation of the Sixteenth Century in Renaissance Italy

1981 ◽  
Vol 17 ◽  
pp. 149-166 ◽  
Author(s):  
Philip M. J. McNair
Keyword(s):  
Sixteenth Century ◽  
The Other ◽  
Protestant Reformation ◽  
Modern World ◽  
The Reformation ◽  
Giordano Bruno ◽  
The Subject ◽  
Renaissance Italy ◽  
The One

Between the execution of Gerolamo Savonarola at Florence in May 1498 and the execution of Giordano Bruno at Rome in February 1600, western Christendom was convulsed by the protestant reformation, and the subject of this paper is the effect that that revolution had on the Italy that nourished and martyred those two unique yet representative men: unique in the power and complexity of their personalities, representative because the one sums up the medieval world with all its strengths and weaknesses while the other heralds the questing and questioning modern world in which we live.

‘HOW HARD AN ENTERPRISE IT IS’: AUTHORIAL SELF-FASHIONING IN JOHN DOWLAND’S PRINTED BOOKS

2007 ◽  
Vol 26 ◽  
pp. 43-90 ◽  
Author(s):  
Kirsten Gibson
Keyword(s):  
Sixteenth Century ◽  
Title Page ◽  
The Other ◽  
Artistic Creation ◽  
Printed Books ◽  
The One ◽  
Intellectual Activities ◽  
Modern Sense

The naming of John Dowland as ‘Author’ on the title page of his publication The First Booke of Songes or Ayres (1597) suggests a proprietary relationship between the composer and his work. This proprietary relationship is, perhaps, reinforced with the alignment of Dowland’s intellectual activities as ‘author’ with the notions of ‘composition’ and ‘invention’ in the same passage. All three terms could be used by the late sixteenth century to refer to notions of creativity, individual intellectual labour or origination. While many early examples of the use of ‘author’ refer specifically to God or Christ as creator, such as Chaucer’s declaration that ‘The auctour of matrimonye is Christ’, by the sixteenth century it was increasingly used to refer to an individual originator of intellectual or artistic creation closer to the modern sense of the word. Its sixteenth-century usage is, for instance, reflected in the title ‘A tretys, excerpte of diverse labores of auctores’, or as in a reference in 1509 to ‘The noble actor plinius’. Likewise, ‘invent’ or ‘inventor’ could be used to refer to the process of individual intellectual creation, exemplified by its use in 1576 ‘Your brain or your wit, and your pen, the one to invent and devise, the other to write’, while ‘compose’ could mean to make, to compose in words, ‘to write as author’ or, more specifically, to write music.

Preventive Confinement of Dangerous Offenders

2004 ◽  
Vol 32 (1) ◽  
pp. 56-72 ◽  
Author(s):  
Stephen J. Morse
Keyword(s):  
Legal Theory ◽  
The Other ◽  
Legal Issue ◽  
Central Theme ◽  
Sexual Predators ◽  
Dangerous Offenders ◽  
New Form ◽  
The Law ◽  
The One ◽  
Constitutional Regime

How to respond justly to the dangers persistent violent offenders present is a vexing moral and legal issue. On the one hand, we wish to reduce predation; on the other, we want to treat predators fairly. The central theme of this paper is that it is difficult to achieve both goals without compromising one of them, and that both are being seriously undermined. I begin by explaining the legal theory, doctrine and practice governing dangerous offenders (DO) and demonstrate that the law leaves a gap in the ability to confine them. Next I explore the means by which the law has overtly or covertly sought to fill the gap. Many of these measures, especially the new form of civil commitment for sexual predators, dangerously conflate moral and medical categories. I conclude that pure preventive detention is more common than we usually assume, but that this practice violates fundamental assumptions concerning liberty under the American constitutional regime.

scholarly journals Dynamics of Continuity and Change: Shifts in Labour Relations in the Potosí Mines (1680–1812)

2016 ◽  
Vol 61 (S24) ◽  
pp. 93-114 ◽  
Author(s):  
Rossana Barragán Romano
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Seventeenth Century ◽  
Sixteenth Century ◽  
The Other ◽  
Economic Sectors ◽  
Labour Relations ◽  
Continuity And Change ◽  
The One

AbstractLabour relations in the silver mines of Potosí are almost synonymous with the mita, a system of unfree work that lasted from the end of the sixteenth century until the beginning of the nineteenth century. However, behind this continuity there were important changes, but also other forms of work, both free and self-employed. The analysis here is focused on how the “polity” contributed to shape labour relations, especially from the end of the seventeenth century and throughout the eighteenth century. This article scrutinizes the labour policies of the Spanish monarchy on the one hand, which favoured certain economic sectors and regions to ensure revenue, and on the other the initiatives both of mine entrepreneurs and workers – unfree, free, and self-employed – who all contributed to changing the system of labour.

What Does E- add to Democracy?

2014 ◽  
pp. 200-223 ◽  
Author(s):  
Patricia Mindus
Keyword(s):  
Legal Theory ◽  
Theoretical Work ◽  
The Other ◽  
Practical Philosophy ◽  
Internet Politics ◽  
Online Politics ◽  
The One ◽  
Past Experiences ◽  
The Web ◽  
Current Emphasis

Technologies carry politics since they embed values. It is therefore surprising that mainstream political and legal theory have taken the issue so lightly. Compared to what has been going on over the past few decades in the other branches of practical thought, namely ethics, economics, and the law, political theory lags behind. Yet the current emphasis on Internet politics that polarizes the apologists holding the Web to overcome the one-to-many architecture of opinion building in traditional representative democracy, and the critics who warn that cyber-optimism entails authoritarian technocracy has acted as a wake up call. This chapter sets the problem, “What is it about ICTs, as opposed to previous technical devices, that impact on politics and determine uncertainty about democratic matters?,” into the broad context of practical philosophy by offering a conceptual map of clusters of micro-problems and concrete examples relating to “e-democracy.” The point is to highlight when and why the hyphen of e-democracy has a conjunctive or a disjunctive function in respect to stocktaking from past experiences and settled democratic theories. The chapter's claim is that there is considerable scope to analyse how and why online politics fail or succeed. The field needs both further empirical and theoretical work.

scholarly journals Hume’s Fork and Mixed Mathematics

2017 ◽  
Vol 99 (1) ◽  
Author(s):  
Matias Slavov
Keyword(s):  
The Other ◽  
Epistemic Status ◽  
Causal Relations ◽  
Sharp Distinction ◽  
Other Hand ◽  
Pure Mathematics ◽  
Conservation Of Momentum ◽  
The Law ◽  
The One ◽  
Uniformity Principle

Abstract:Given the sharp distinction that follows from Hume’s Fork, the proper epistemic status of propositions of mixed mathematics seems to be a mystery. On the one hand, mathematical propositions concern the relation of ideas. They are intuitive and demonstratively certain. On the other hand, propositions of mixed mathematics, such as in Hume’s own example, the law of conservation of momentum, are also matter of fact propositions. They concern causal relations between species of objects, and, in this sense, they are not intuitive or demonstratively certain, but probable or provable. In this article, I argue that the epistemic status of propositions of mixed mathematics is that of matters of fact. I wish to show that their epistemic status is not a mystery. The reason for this is that the propositions of mixed mathematics are dependent on the Uniformity Principle, unlike the propositions of pure mathematics.

Part I Histories, Ch.6 The Ottoman Empire, the Origins of Extraterritoriality, and International Legal Theory

2016 ◽  
Author(s):  
Özsu Umut
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Ottoman Empire ◽  
Legal Theory ◽  
The Other ◽  
State Institutions ◽  
The One ◽  
Intellectual Production

This chapter argues that it was partly through engagement with the Ottoman Empire, particularly its tradition of extraterritorial consular jurisdiction, that nineteenth-century European and American jurists came to view China, Japan, and a number of other states as ‘semi-civilized’, setting them against ‘civilized’ states on the one hand and ‘savage’ peoples on the other. These states on the ‘semi-periphery’ exercise a greater degree of agency in international law, given their closeness to dominant centers of economic and intellectual production that had come under their influence, as well as their possession of national traditions and state institutions resilient enough to resist formal colonization. These traits are especially evident in the case of the Ottoman Empire, a powerful state that made a point of modifying its profile for different audiences.

Political World

1990 ◽  
Vol 3 (2) ◽  
pp. 139-153
Author(s):  
Brian Langille
Keyword(s):  
Ludwig Wittgenstein ◽  
Legal Theory ◽  
Status Quo ◽  
The Other ◽  
Political World ◽  
Other Hand ◽  
The Status ◽  
Critical Legal Theory ◽  
The One

It is not transparently obvious why legal theorists are increasingly attracted to the ideas and methods of Ludwig Wittgenstein. After all, Wittgenstein’s writings are notoriously difficult and he said almost nothing, and certainly nothing sustained, about law. And why would self-proclaimed legal theorists be attracted to someone who was quite explicitly hostile to “theory”, who viewed philosophy as a sort of therapy, and who said, famously, “philosophy leaves everything as it is”? But a still more interesting question is, why has Wittgenstein received such curious and conflicting treatment at the hands of the critical legal theorists? On the one hand critical legal theory celebrates Wittgenstein’s work as a key to the dismantling of traditional jurisprudence, but on the other hand critical scholars bemoan his alleged debilitating endorsement of the status quo. It is this last question upon which this essay is focussed.

Political Theory and the Study of Politics: A Report of a Conference

1956 ◽  
Vol 50 (2) ◽  
pp. 475-487 ◽  
Author(s):  
Harry Eckstein
Keyword(s):  
Political Philosophy ◽  
Political Theory ◽  
Political Science ◽  
Political Thought ◽  
The Other ◽  
Sharp Distinction ◽  
Basic Issue ◽  
Political Inquiry ◽  
The One

The issues which arose during the discussions of the conference fall fairly conveniently into three compartments.First, we obviously had to settle, with reasonable clarity, what we were talking about: what “political philosophy” is, what “political science” is, and whether they are really distinguishable. The basic issue of the conference was to determine the relevance of the one to the study of the other, and if we had decided that they were really the same thing, there would simply have been no problems for us to discuss. On the whole, we felt that a valid, if not necessarily sharp, distinction was to be made between the “philosophical” and the “scientific” approaches to the study of politics and that we were not discussing absurd or tautological issues. We agreed, however, that all types of political inquiry involve the construction of theory, implicit or explicit, and that the title “political theory” has been unjustifiably appropriated by the historians of political thought.

Leon Petrażycki and contemporary socio-legal studies

2015 ◽  
Vol 11 (1) ◽  
pp. 1-16 ◽  
Author(s):  
Roger Cotterrell
Keyword(s):  
Twentieth Century ◽  
Legal Theory ◽  
The Other ◽  
Historical Background ◽  
Valuable Contribution ◽  
Legal Scholarship ◽  
Legal Studies ◽  
Transnational Law ◽  
The One

AbstractThe work of the Polish–Russian scholar Leon Petrażycki from the early decades of the twentieth century holds a strikingly paradoxical position in the literature of juristic and socio-legal scholarship: on the one hand, lauded as a supremely valuable contribution to knowledge about the nature of law and, on the other, widely neglected and little known. This paper asks how far Petrażycki's theories, expressed in writings by and about him available to an international readership, can provide insight for contemporary socio-legal studies – not as historical background but as living ideas. How far can his work speak to current issues and inform current debates? What obstacles stand in the way of this? Why have few international scholars engaged with his theories despite their rigour and originality? The paper starts from this last issue before addressing the others. It argues that Petrażycki's radical legal theory offers strikingly distinctive resources for rethinking issues about the role of law in multicultural societies, the nature of developing transnational law, and the significance of law as an aspect or expression of culture.

Sign in / Sign up

Export Citation Format

Share Document