Law and Nationalism in Nineteenth-Century Europe: The Case of Catalonia in Comparative Perspective

2002 ◽  
Vol 20 (2) ◽  
pp. 307-347 ◽  
Author(s):  
Stephen Jacobson

By the close of the nineteenth century, most continental Europeans tacitly accepted, if they thought about it at all, the notion that a civil code governed multiple personal and familial relationships in their daily lives. Like so many legislative structures, intellectual suppositions, and cultural artifacts, what was once regarded as a novel or even a major break with the past came to be understood as one of the many requisites of modernity. Contemporary historians have adopted a similarly indifferent posture, their curiosity only piqued when encountering specific provisions entangled with other political issues. In a strikingly dissimilar approach to that adopted toward penal law, they have been disinclined to explore the relationship between civil legal endeavor and political culture or the history of ideas. Only with respect to Germany have scholars considered these topics worthy of in-depth analysis; in so doing, they have demonstrated that understanding juridical culture is fundamental to appreciating the textures and peculiarities of the liberal nation state.

The relationship between humans and dogs has garnered considerable attention within archaeological research around the world. Investigations into the lived experiences of domestic dogs have proven to be an intellectually productive avenue for better understanding humanity in the past. This book examines the human-canine connection by moving beyond asking when, why, or how the dog was domesticated. While these questions are fundamental, beyond them lies a rich and textured history of humans maintaining a bond with another species through cooperation and companionship over thousands of years. Diverse techniques and theoretical approaches are used by authors in this volume to investigate the many ways dogs were conceptualized by their human counterparts in terms of both their value and social standing within a variety of human cultures across space and time. In this way, this book contributes a better understanding of the human-canine bond while also participating in broader anthropological discussions about how human interactions with domesticated animals shape their practices and worldviews.


Author(s):  
Frédéric Audren ◽  
Laetitia Guerlain

This chapter sheds light on the long-standing history of the relationship between law and the human and social sciences in nineteenth- and twentieth-century France. This story has often been reduced to its most recent and academic development, that is, legal anthropology. However, focusing on this strictly contemporary, academic definition of anthropology risks overlooking the many and varied ways of thinking that, over the past two centuries and more, have shaped the relationship between law and the study of humanity. The authors suggest that such an approach obscures the depth and the variety of forms that this relationship took over time. This chapter documents the various ways that legal scholars in France—over the course of two centuries marked by the rise of codification and legal positivism—drew upon history, philology, ethnology, physical anthropology, and sociology, all in the pursuit of a more profound understanding of homo juridicus.


1983 ◽  
Vol 23 (1) ◽  
pp. 26-46 ◽  
Author(s):  
Judith M. Bennett

Advocates of the “new social history” have buttressed their efforts to recreate the past lives of ordinary people with concepts, models, and quantitative methods taken from the social sciences. These new approaches have allowed scholars to extract vivid and dynamic reconstructions of past human experiences from the dry folios of civil and ecclesiastical registers. Their successes, as exemplified by the many publications of the Cambridge Group for the History of Population and Social Structure, have focused largely on the demographic and familial histories of the early modern era. The manipulation of parish listings of baptisms, marriages, and burials is now a fairly precise science that has taught us much (and will doubtless teach us more) about the daily lives of common people and their families in the sixteenth, seventeenth, and eighteenth centuries. But the tracing into the past of the social, familial, and demographic characteristics of the English people need not start abruptly with the auspicious advent of parish registers in 1538. Indeed, we can only hope to trace the origins of fundamental features of Tudor-Stuart life (such as the pronounced tendency towards late marriage and the high incidence of persons who never married) if we develop accurate techniques for analyzing the pre-1500, pre-parish register materials at our disposal. From the perspective of a medievalist, this work is clearly essential; most medieval people, quite simply, were peasants, and we shall better understand the histories of medieval parliaments, towns, and universities when we have successfully uncovered their rural underpinnings.


with this, Bourneville mentioned what he especially admired Weyer: The significance of this statement is obvious. Along these same lines, Richer devoted 150 pages of his Etudes sur l'hystero-epilepsie to a survey of Church history, demonstrating how religion misjudged nervous diseases when it did not favour them. These works formed the main sources for Zilboorg and Henry when they prepared the publication of their History ofMedical Psychology in 1941. Until recently, their chapters on 'The Restless Surrender to Demonology' and 'The Blows of the Witches' Hammer' determined the content of the historical surveys given in most psychiatric textbooks. Conclusion The problem with the myth of psychiatry's victory over demonology is that it does not merely involve the existence of an untrue story, unjustly related to the history of psychiatry. Much more is at stake than the historical inaccuracy regarding an event from the past. What is important is that the rather recent problematic concerning the relationship between psychiatry and religion had been concealed by the myth and that it still has not been solved. I add these last words with some hesitation. It is not my intention to plead for some sort of intergration between religion -as we conceive it now -and psychiatry or psychotherapy -as they have developed over the past two centuries. However, it seems important to me to understand exactly what happened during the debate between psychiatry and religion in the nineteenth century . It would be too simplistic state that, at that time, religion had to give way other approaches of reality and to different social structures organizing modem society. What occurred was not merely a shift from one agency to another . Social interactions were completely reorganized, causing religion undergo a profound mutation.

2013 ◽  
pp. 165-244

1960 ◽  
Vol 50 (1-2) ◽  
pp. 149-160 ◽  
Author(s):  
Chester G. Starr

Within the past five decades a great volume of work has advanced our knowledge of the Roman Empire. No single essay can hope to describe this mass in detail or even to consider fully the many cross-currents of opinion. If there is a common tide in recent scholarship, it flows less clearly than did the course of investigation in the nineteenth century. Here I shall try first to single out some of the main forces which have shaped the views of the present and past generations; then shall comment on developments in the utilization of evidence and on shifts in the areas of our principal concern; and finally shall suggest an assessment of the present position of research on the Roman Empire.


2020 ◽  
Vol 5 (1) ◽  
pp. 6-11 ◽  
Author(s):  
Laurence B. Leonard

Purpose The current “specific language impairment” and “developmental language disorder” discussion might lead to important changes in how we refer to children with language disorders of unknown origin. The field has seen other changes in terminology. This article reviews many of these changes. Method A literature review of previous clinical labels was conducted, and possible reasons for the changes in labels were identified. Results References to children with significant yet unexplained deficits in language ability have been part of the scientific literature since, at least, the early 1800s. Terms have changed from those with a neurological emphasis to those that do not imply a cause for the language disorder. Diagnostic criteria have become more explicit but have become, at certain points, too narrow to represent the wider range of children with language disorders of unknown origin. Conclusions The field was not well served by the many changes in terminology that have transpired in the past. A new label at this point must be accompanied by strong efforts to recruit its adoption by clinical speech-language pathologists and the general public.


This book addresses the sounds of the Crimean War, along with the many ways nineteenth-century wartime is aurally constructed. It examines wide-ranging experiences of listeners in Britain, France, Turkey, Russia, Italy, Poland, Latvia, Daghestan, Chechnya, and Crimea, illustrating the close interplay between nineteenth-century geographies of empire and the modes by which wartime sound was archived and heard. This book covers topics including music in and around war zones, the mediation of wartime sound, the relationship between sound and violence, and the historiography of listening. Individual chapters concern sound in Leo Tolstoy’s wartime writings, and his place within cosmopolitan sensibilities; the role of the telegraph in constructing sonic imaginations in London and the Black Sea region; the absence of archives for the sounds of particular ethnic groups, and how songs preserve memories for both Crimean Tatars and Polish nationalists; the ways in which perceptions of voice rearranged the mental geographies of Baltic Russia, and undermined aspirations to national unity in Italy; Italian opera as a means of conditioning elite perceptions of Crimean battlefields; and historical frames through which to understand the diffusion of violent sounds amid everyday life. The volume engages the academic fields of musicology, ethnomusicology, history, literary studies, sound studies, and the history of the senses.


Author(s):  
Nurit Yaari

This chapter examines the lack of continuous tradition of the art of the theatre in the history of Jewish culture. Theatre as art and institution was forbidden for Jews during most of their history, and although there were plays written in different times and places during the past centuries, no tradition of theatre evolved in Jewish culture until the middle of the nineteenth century. In view of this absence, the author discusses the genesis of Jewish theatre in Eastern Europe and in Eretz-Yisrael (The Land of Israel) since the late nineteenth century, encouraged by the Jewish Enlightenment movement, the emergence of Jewish nationalism, and the rebirth of Hebrew as a language of everyday life. Finally, the chapter traces the development of parallel strands of theatre that preceded the Israeli theatre and shadowed the emergence of the political infrastructure of the future State of Israel.


Author(s):  
Markus D. Dubber

Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective addresses one of today’s most pressing social and political issues: the rampant, at best haphazard, and ever-expanding use of penal power by states ostensibly committed to the enlightenment-based legal-political project of Western liberal democracy. Penal regimes in these states operate in a wide field of ill-considered and little constrained violence, where radical and prolonged interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest has been utterly normalized. At bottom, this crisis of modern penality is a crisis of the liberal project itself; the penal paradox is merely the sharpest formulation of the general paradox of power in a liberal state: the legitimacy of state sovereignty in the name of personal autonomy. To capture the depth and range of the crisis of contemporary penality in ostensibly liberal states, Dual Penal State leaves behind customary temporal and parochial constraints, and turns to historical and comparative analysis instead. This approach reveals a fundamental distinction between two conceptions of penal power, penal law and penal police, that run through Western legal-political history, one rooted in autonomy, equality, and interpersonal respect, and the other in heteronomy, hierarchy, and patriarchal power. Dual penal state analysis illuminates how this distinction manifests itself in the history of the present of various penal systems, from the malign neglect of the American war on crime to the ahistorical self-satisfaction of German criminal law science.


Author(s):  
Cristina Vatulescu

This chapter approaches police records as a genre that gains from being considered in its relationships with other genres of writing. In particular, we will follow its long-standing relationship to detective fiction, the novel, and biography. Going further, the chapter emphasizes the intermedia character of police records not just in our time but also throughout their existence, indeed from their very origins. This approach opens to a more inclusive media history of police files. We will start with an analysis of the seminal late nineteenth-century French manuals prescribing the writing of a police file, the famous Bertillon-method manuals. We will then track their influence following their adoption nationally and internationally, with particular attention to the politics of their adoption in the colonies. We will also touch briefly on the relationship of early policing to other disciplines, such as anthropology and statistics, before moving to a closer look at its intersections with photography and literature.


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