scholarly journals How to Read Aboriginal Legal Texts From Upper Canada

2005 ◽  
Vol 14 (1) ◽  
pp. 93-116 ◽  
Author(s):  
Mark D. Walters
Keyword(s):  
Nineteenth Century ◽  
Upper Canada ◽  
Aboriginal Communities ◽  
Time Period ◽  
Legal Texts ◽  
Aboriginal Law

Abstract In this article the author considers the interpretive problems that arise when trying to read legal texts produced by aboriginal communities in mid-nineteenth colonial Canada. Using a code of laws enacted by the Credit River Mississaugas in 1830 as an example, he explores how written aboriginal laws from this time period appear to deviate from today’s judicial notion of aboriginal law as ancient, oral and customary in nature. The author suggests that aboriginal legal texts from the mid-nineteenth century may be read in four competing ways, which he labels as legal-historical, indigenist, ethnohistorical, and legal-constitutional. The author concludes that each of these methods of interpretation may offer valid insights into the role of law within aboriginal communities historically and today.

scholarly journals The Role of the Criminal Law in Redefining 'Youth' in Mid-Nineteenth-Century Upper Canada

1994 ◽  
Author(s):  
Susan E. Houston
Keyword(s):  
Nineteenth Century ◽  
Due Process ◽  
Upper Canada ◽  
British North America ◽  
Gendered Identities ◽  
Multiple Voices ◽  
Judicial Procedure ◽  
Criminal Legislation ◽  
Penal Sanctions

In the first half of the nineteenth century in the English-speaking communities of British North America, the crime of murder was relatively uncommon. Youthful 'killers' were exotic. While the circumstances of any murder case are exceptional, murder draws attention to itself. Murder trials in Upper Canada were, by mid-century, widely reported in city and small-town newspapers, while the scaffold spectacle in its infrequency could attract ten thousand curious onlookers. It is precisely because each of these two cases of youthful murder caused a sensation that I focus on them. In proposing to explore the role of the 'Law,' I take the term in its broadest sense: not only criminal legislation, judicial procedure, and penal sanctions, but the wider discussion—of crime, criminal character, guilt, evidence, and due process—which these crimes triggered. To anticipate my argument: it is in the presence—and absence—of multiple voices in the discussion that one can glimpse the outline of the shifting and gendered identities of youth.

Illustrated Media, the Built Environment and Identity Politics in Fin-de-siècle Catalonia: Printing Images, Making the Nation

2015 ◽  
Vol 4 (2) ◽  
pp. 113-135
Author(s):  
Lucila Mallart
Keyword(s):  
Nineteenth Century ◽  
Built Environment ◽  
Identity Politics ◽  
Nation Building ◽  
Constitutive Relationship ◽  
Fin De Siecle ◽  
Late Nineteenth Century ◽  
Fin De Siècle ◽  
Late Nineteenth

This article explores the role of visuality in the identity politics of fin-de-siècle Catalonia. It engages with the recent reevaluation of the visual, both as a source for the history of modern nation-building, and as a constitutive element in the emergence of civic identities in the liberal urban environment. In doing so, it offers a reading of the mutually constitutive relationship of the built environment and the print media in late-nineteenth century Catalonia, and explores the role of this relation as the mechanism by which the so-called ‘imagined communities’ come to exist. Engaging with debates on urban planning and educational policies, it challenges established views on the interplay between tradition and modernity in modern nation-building, and reveals long-term connections between late-nineteenth-century imaginaries and early-twentieth-century beliefs and practices.

Gender, Technology and the New Woman

2017 ◽  
Author(s):  
Lena Wånggren
Keyword(s):  
Nineteenth Century ◽  
New Woman ◽  
New Technologies ◽  
Gender And Sexuality ◽  
Literary Texts ◽  
Late Nineteenth Century ◽  
Gender And Technology ◽  
The New Woman ◽  
Grant Allen

This book examines late nineteenth-century feminism in relation to technologies of the time, marking the crucial role of technology in social and literary struggles for equality. The New Woman, the fin de siècle cultural archetype of early feminism, became the focal figure for key nineteenth-century debates concerning issues such as gender and sexuality, evolution and degeneration, science, empire and modernity. While the New Woman is located in the debates concerning the ‘crisis in gender’ or ‘sexual anarchy’ of the time, the period also saw an upsurge of new technologies of communication, transport and medicine. This book explores the interlinking of gender and technology in writings by overlooked authors such as Grant Allen, Tom Gallon, H. G. Wells, Margaret Todd and Mathias McDonnell Bodkin. As the book demonstrates, literature of the time is inevitably caught up in a technological modernity: technologies such as the typewriter, the bicycle, and medical technologies, through literary texts come to work as freedom machines, as harbingers of female emancipation.

Disruptions of the Local, Eruptions of the Feminine: Local Reportage and National Anxieties in Egypt’s 1890s

2018 ◽  
Author(s):  
Marilyn Booth
Keyword(s):  
Nineteenth Century ◽  
Gender Roles ◽  
Late Nineteenth Century ◽  
Female Images ◽  
The Feminine ◽  
Late Nineteenth ◽  
Advocacy Role ◽  
Representations Of Women ◽  
Gendered Expectations

This chapter demonstrates that inscriptions of female images in Cairo’s late nineteenth-century nationalist press were part of a discursive economy shaping debates on how gender roles and gendered expectations should shift as Egyptians struggled for independence. The chapter investigates content and placement of ‘news from the street’ in al-Mu’ayyad in the 1890s, examining how these terse local reports – equivalent to faits divers in the French press – contributed to the construction of an ideal national political trajectory with representations of women serving as the primary example in shaping a politics of newspaper intervention on the national scene. In this, an emerging advocacy role of newspaper correspondents makes the newspaper a mediator in the construction of activist reader-citizens.

Andrew Lang and Scottish Historiography: Taking on Tradition

2015 ◽  
Vol 94 (2) ◽  
pp. 207-236 ◽  
Author(s):  
Catriona M. M. Macdonald
Keyword(s):  
Nineteenth Century ◽  
Sir Walter Scott ◽  
Scientific Methods ◽  
European Context ◽  
The Reformation ◽  
Cast Doubt ◽  
Scottish History ◽  
University Setting ◽  
Andrew Lang

The career and posthumous reputation of Andrew Lang (1844–1912) call into question Scottish historiographical conventions of the era following the death of Sir Walter Scott which foreground the apparent triumph of scientific methods over Romance and the professionalisation of the discipline within a university setting. Taking issue with the premise of notions relating to the Strange Death of Scottish History in the mid-nineteenth century, it is proposed that perceptions of Scottish historiographical exceptionalism in a European context and presumptions of Scottish inferiorism stand in need of re-assessment. By offering alternative readings of the reformation, by uncoupling unionism from whiggism, by reaffirming the role of Romance in ‘serious’ Scottish history, and by disrupting distinctions between whig and Jacobite, the historical works and the surviving personal papers of Andrew Lang cast doubt on many conventional grand narratives and the paradigms conventionally used to make sense of Scottish historiography.

Pater's Parerga: Framing the Imaginary Portraits

2013 ◽  
Vol 3 (2) ◽  
pp. 119-135
Author(s):  
Giles Whiteley
Keyword(s):  
Nineteenth Century ◽  
Formal Structure ◽  
Literary Genre ◽  
Late Nineteenth Century ◽  
Liminal Space ◽  
Critical Attention ◽  
Similar Operation ◽  
Late Nineteenth ◽  
The Relationship

Walter Pater's late-nineteenth-century literary genre of the imaginary portrait has received relatively little critical attention. Conceived of as something of a continuum between his role as an art critic and his fictional pursuits, this essay probes the liminal space of the imaginary portraits, focusing on the role of the parergon, or frame, in his portraits. Guided by Pater's reading of Kant, who distinguishes between the work (ergon) and that which lies outside of the work (the parergon), between inside and outside, and contextualised alongside the analysis of Derrida, who shows how such distinctions have always already deconstructed themselves, I demonstrate a similar operation at work in the portraits. By closely analysing the parerga of two of Pater's portraits, ‘Duke Carl of Rosenmold’ (1887) and ‘Apollo in Picardy’ (1893), focusing on his partial quotation of Goethe in the former, and his playful autocitation and impersonation of Heine in the latter, I argue that Pater's parerga seek to destabilise the relationship between text and context so that the parerga do not lie outside the text but are implicated throughout in their reading, changing the portraits constitutively. As such, the formal structure of the parergon in Pater's portraits is also a theoretical fulcrum in his aesthetic criticism and marks that space where the limits of, and distinctions between, art and life become blurred.

Victorian Culture and Classical Antiquity

2011 ◽  
Author(s):  
Simon Goldhill
Keyword(s):  
Nineteenth Century ◽  
Roman Empire ◽  
Classical Antiquity ◽  
Victorian Culture ◽  
Wide Range ◽  
Victorian Art ◽  
Victorian Science ◽  
Role Of Religion ◽  
Nineteenth Century Novels

How did the Victorians engage with the ancient world? This book is an exploration of how ancient Greece and Rome influenced Victorian culture. Through Victorian art, opera, and novels, the book examines how sexuality and desire, the politics of culture, and the role of religion in society were considered and debated through the Victorian obsession with antiquity. Looking at Victorian art, it demonstrates how desire and sexuality, particularly anxieties about male desire, were represented and communicated through classical imagery. Probing into operas of the period, the book addresses ideas of citizenship, nationalism, and cultural politics. And through fiction—specifically nineteenth-century novels about the Roman Empire—it discusses religion and the fierce battles over the church as Christianity began to lose dominance over the progressive stance of Victorian science and investigation. Rediscovering some great forgotten works and reframing some more familiar ones, the book offers extraordinary insights into how the Victorian sense of antiquity and our sense of the Victorians came into being. With a wide range of examples and stories, it demonstrates how interest in the classical past shaped nineteenth-century self-expression, giving antiquity a unique place in Victorian culture.

Preliminary Report on the Research of “Activity Centers” in Taidong, Taiwan

2019 ◽  
Vol 40 (2) ◽  
pp. 121-125
Author(s):  
Petr Janda
Keyword(s):  
Preliminary Report ◽  
Research Method ◽  
Local Communities ◽  
Traditional Beliefs ◽  
Aboriginal Communities ◽  
Religious Significance ◽  
Local Actors ◽  
Symbolic Value ◽  
Suitable Location

This report presents current research on aboriginal activity centers in Taidong County, Taiwan, primarily in the townships of Chishang and Yanping with over 30% of the population being of aboriginal ancestry. Taidong County is the region with the most distinctive aboriginal communities in Taiwan. The research attempts to identify the actors behind the operation of such centers and their significance for aboriginal communities. The research investigates the process of selecting suitable location for the facilities, the specific features of such centers, the potential religious significance of the locations including the role of traditional beliefs in predominantly Christian aboriginal communities, the symbolic value of structures built in the traditional style for construction of ethnicity and financing that enables the construction of the facilities and the organization of the festivities held in them. The principle research method used was interviews with local actors including local representatives, organizers of festivities, as well as members of local communities. The research began in 2017.

Oral Testimony as Historical Source Material for the Reconstruction of the Judicial History of Shipping in India (1600-1800)

2019 ◽  
Vol 7 (1) ◽  
Author(s):  
Mir Kamruzzman Chowdhary
Keyword(s):  
Nineteenth Century ◽  
Source Material ◽  
Maritime History ◽  
Historical Source ◽  
Alternative Source ◽  
Oral Testimony ◽  
History Of ◽  
Judicial History ◽  
Source Materials

This study was an attempt to understand how the available alternative source materials, such as oral testimonies can serve as valuable assets to unveiling certain aspects of maritime history in India. A number of themes in maritime history in India failed to get the attention of the generation of historians, because of the paucity of written documents. Unlike in Europe, the penning down of shipping activities was not a concern for the authorities at the port in India. The pamphlets and newsletters declared the scheduled departure of the ship in Europe but, in India, this was done verbally. Therefore, maritime history in India remained marginalised. Hence, in this article, I make an endeavour to perceive how the oral testimonies can help shed some new light on certain aspects of maritime history in India, such as life on the ship, maritime practices, and perceptions among the littoral people in coastal societies. This article also outlines an approach on how the broader question on the transformation of scattered maritime practices among coastal societies can be adapted and transferred into an organised institution of law by the nineteenth century, and how these can be pursued in future. I also suggest in this article that the role of Europeans, especially the British, in the process of transformation, can be investigated further through oral testimonies in corroboration with the colonial archival records.

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