Legal Justice, Social Justice: An Incursion into the Social History of Work-Related Accident Law in Ontario, 1860-86

1988 ◽  
Vol 6 (1) ◽  
pp. 1-24 ◽  
Author(s):  
R. W. Kostal

The historiography of work-related accidents in nineteenth-century Ontario is a product of two complementary but as yet unsynthesized lines of inquiry. On the one hand, legal historians have focused on the genesis of judge-made and statutory law respecting the liability of employers for the work-related accidents of their hired labor. Considerable light has been shed on political and ideological as well as formally “legal” factors that shaped judicial and legislative decision making concerning personal injuries at work. However, the legal historiography of the Victorian Ontario workplace pertains mainly to the law and those who made the law, rather than those subject to it. These studies of the dynamics of legal change, important as they are, lack a firm basis in tangible sociohistorical experience.

2015 ◽  
Vol 38 (1) ◽  
pp. 1-12
Author(s):  
Vojin Nedeljković

The author examines the scope and interrelation of two traditional notions concerning non-literary Latin: sermo uulgaris, or plebeius, and sermo familiaris, or cotidianus. While these are really disparate terms, the one designating a sociolect and the other a language register, the author maintains that the old confusion between Colloquial and Vulgar Latin is not merely due to flawed reasoning within an insufficient model of linguistic variation, but rather reflects a fundamental development that took place in the social history of Latin.


1989 ◽  
Vol 28 (1) ◽  
pp. 23-42 ◽  
Author(s):  
J. A. Jaffe

The role of evangelical religion in the social history of the English working class has been an area of both bewildering theories and un-founded generalizations. The problem, of course, was given a degree of notoriety by Elie Halévy who, according to the received interpretation, claimed that the revolutionary fervor characteristic of the Continental working class in the first half of the nineteenth century was drained from its British counterpart because of the latter's acceptance of Evangelicalism, namely, Methodism.It was revived most notably by E. P. Thompson, who accepted the counterrevolutionary effect of Methodism but claimed that the evangelical message was really an agent of capitalist domination acting to subordinate the industrial working class to the dominion of factory time and work discipline. Furthermore, Thompson argued, the English working class only accepted Methodism reluctantly and in the aftermath of actual political defeats that marked their social and economic subordination to capital. This view has gained a wide acceptance among many of the most prominent labor historians, including E. J. Hobsbawm and George Rudé who believe that Evangelicalism was the working-class's “chiliasm of despair” that “offered the one-time labour militant … compensation for temporal defeats.”There could hardly be a starker contrast between the interpretation of these labor historians and the views of those who have examined the social and political history of religion in early industrial Britain. Among the most important of these, W. R. Ward has claimed that Methodism was popular among the laboring classes of the early nineteenth century precisely because it complemented political radicalism.


AJS Review ◽  
1989 ◽  
Vol 14 (1) ◽  
pp. 17-46 ◽  
Author(s):  
Elliott Horowitz

Although religious history has traditionally concerned itself with the transcendent dimension in human life, and social history with the mundane, the latter approach can also be used to illuminate the ways in which religion works itself out on the social plane. In fact, it might be argued that inquiries of this sort should occupy a prominent place on the agenda of any social and religious history of the Jews. Among historians of the Annales school, for whom the study of material life was long considered the backbone of historical inquiry, there has been a discernible move in recent years toward the study of religious life, especially in its popular forms. Whereas, for example, previous volumes in the valuable Johns Hopkins series of “Selections from the Annales” were devoted to such topics as food and drink in history, the one published in 1982 was entitled, significantly, Ritual, Religion and the Sacred.


2017 ◽  
Vol 8 (1) ◽  
pp. 249-269
Author(s):  
Alexandra Pletneva

To create the social history of Russia and the history of everyday life, one needs a description of local everyday practices. This article focuses on the everyday practices associated with the birth of a baby and care for it. The author proceeds from the fact that the 18th and 19th centuries in Russia saw the coexistence of two cultures and two household traditions – the culture of the educated classes and the peasant culture. At the level of everyday practices, they made a certain influence on each other. On the one hand, ethnographic materials were used as sources, and on the other hand – popular medical literature of the 19th century. The article analyzes the practices themselves and the mechanisms of their influence on each other, while it appears that the effect of the practices of educated social groups on people’s life was a conscious Kulturtraeger activity. The influence of peasant household traditions on the lifestyle of educated classes was carried out primarily through direct impact. The ubiquity of nurses who belonged to a different social group than the child’s parents, led to the fact that, despite the parents’ resistance, peasant childcare practices (baby-rocking, pacifier, sleeping together, etc.) were used quite actively.


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. 37-62
Author(s):  
Arnd Bauerkämper

This article focuses on the evolution of social history in pre- 1989 West Germany and the GDR and, on the basis of this overview, identifies new, innovative historiographical trends on (re-)writing social history in unified Germany. It is argued that, for many decades, West German historiography had been characterized by sharp debates between the more established advocates of investigations into social structures and processes, on the one hand, and the grass-roots historians of everyday life, on the other. Since the early 1990s, however, this antagonism has considerably receded in favour of synthetic perspectives. At the same time, interest in the history of East European states and regions has considerably increased. This article highlights these new analytical trends in recent German historiography by taking as example studies of the social history of the GDR. In the unified Germany, the history of the GDR has received particular attention. Access to new sources has also enabled historians to link the histories of Eastern and Western Europe, either by employing comparative perspectives or investigating cross-border entanglements.


2011 ◽  
Vol 55 (3) ◽  
pp. 289-294 ◽  
Author(s):  
Roger Cooter

The ‘death’ of the social history of medicine was predicated on two insights from postmodern thinking: first, that ‘the social’ was an essentialist category strategically fashioned in the course of the nineteenth and twentieth centuries; and second, that the disciplines of medicine and history-writing grew up together, the one (medicine) seeking to objectify the body, the other (history-writing) seeking to objectify the past. Not surprisingly, in the face of these revelations, historians of medicine retreated from the critical and ‘big-picture’ perspectives they entertained in the 1970s and 1980s. Their political flame went out, and doing the same old thing increasingly looked more like an apology for, than a critical inquiry into, medicine and its humanist project. Unable to face the present, let alone the future, they retreated from both, suffering the same paralysis of will as other historians stymied by the intellectual movement of postmodernism. Ironically, this occurred (occurs) at a moment when ‘medicine’ – writ large to include the biosciences and biotechnology – could easily be said to be the most relevant and compelling subject for understanding contemporary life and politics (global, local, and individual) and, as such, the place to justify the practice of history-writing as a whole. God knows, legitimacy has never been more urgent. But how can this be effected? Political action seems more likely than prayer. But let us begin by reviewing the nature of the problem that demands this response.


2021 ◽  
Author(s):  
Cassie Lomore

The Oceanic Collection at the Art Gallery of Ontario (AGO) is comprised of photographic objects that reflect the social history of the Oceanic nations during the period after European settlement up to the mid-20th century. The anthropologist C.P. Mountford is the greatest single contributor in the collection. Other makers include Reverend Hamilton Aikin, press photographer Sam Hood and studio photographers Henry King, John William Lindt and Thomas Andrew. This thesis is an applied project, done to re-house, catalogue and gain intellectual control over the collection. Part I outlines the re-housing and cataloguing process, as well as the considerations and decision making behind the organization of the finding aid. Part II is the finding aid, containing eight sections that address the historical and social context in which the collection material was made. Three appendices include biographical information, complete catalogue records and a summary of Oceanic art and artifacts at the AGO.


2021 ◽  
Vol 30 (2) ◽  
pp. 59-93
Author(s):  
Dmitry Poldnikov ◽  
Yuriy Fogelson

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.


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