scholarly journals Women and Inheritance in Nineteenth-Century Newfoundland

2006 ◽  
Vol 13 (1) ◽  
pp. 1-22
Author(s):  
Trudi Johnson

Abstract This paper tests the idea that concepts of property in English common law favoured male heirs in the primogeniture system of land inheritance and disadvantaged women upon marriage. A case study of wills in nineteenth-century Newfoundland demonstrates that instead of strict adherence to centuries of common-law tradition, both men and women in Newfoundland were more concerned with the support and maintenance of the family under the unique conditions of the Newfoundland economy. The male line of descent was subordinated to the immediate and long-term needs of the family through more egalitarian inheritance practices. These practices in tum sustained a mat rimonial property system that well pre-dated legislation to protect married women's property.

2003 ◽  
Vol 10 (2) ◽  
pp. 229-248 ◽  
Author(s):  
Albrecht Hofheinz

Muhammad Majdhūb was one of many Muslims who in the nineteenth century argued against strict adherence to the established madhhab system and sought ways to overcome it. This case study, based on an examination of Majdhūb's writings and contemporary documents, analyses what this position meant in practice, how it was expressed, and what it signified in a given social context. The challenge to madhhab affiliation appears to have been more radical in theory than in practice. While dismissing fiqh rationality and basing himself on Prophetic Tradition and inspiration, Majdhūb's practical conclusions consistently - if implicitly - agree with the Shāfi ī school. In the context in which such views were propagated, however, we find interesting social and political factors that contributed to their attractiveness. Here, they served to transcend a politicised deadlock between proponents of different madhhabs while lending 'Prophetic' support to the local as opposed to the ruling Ottoman party.


2018 ◽  
Vol 19 (2) ◽  
pp. 100-111
Author(s):  
Justyna Świerczyńska ◽  
Agnieszka Mazur ◽  
Izabela Chojnowska-Ćwiąkała ◽  
Agnieszka Podosek

Abstract This article presents the problem of the functioning of a family with a child suffering from two painful, chronic and incurable diseases - cystic fibrosis and short bowel syndrome. Its aim is to learn about the impact of these diseases on the occurrence and course of mental disorders in a child and on the functioning of the whole family in which such a child is brought up. Like any long-term illness of a child, it has influenced changes in the functioning of the family system. The parents’ functioning and the flexibility of the family system conditioned the acceptance of the diagnosis and determined further participation of the family in the treatment process. This article also discusses the risk of unfavorable attitudes of parents towards the child’s illnesses, which may contribute to the development of mental disorders in the child patient, as well as in his/her parents or siblings. In the process of treatment and rehabilitation, the necessity for cooperation of medical staff, the patient and his/her parents has been emphasised.


1998 ◽  
Vol 24 (1) ◽  
pp. 76-88
Author(s):  
Geoffry Holt

Fr Thomas More—the last descendant in the direct male line of St.Thomas More, Lord Chancellor of England—died on 20 May 1795 in Bath. He had been the Jesuit provincial superior at the time of the suppression of the Society in 1773.Thomas More was the eldest of the five children of Thomas and Catherine (née Giffard) of Barnborough or Bamburg Hall in the West Riding of Yorkshire. Born on 19 September 1722, he was followed by Christopher, Bridget, Catherine and Mary. Both sons became Jesuits. Bridget married twice—Peter Metcalfe and Robert Dalton and had descendants; she died in 1797. Catherine died unmarried in 1786. Mary became Sister Mary Augustine of the Austin Canonesses at Bruges and died in 1807. Their home, Barnborough Hall, had been in the family since John, the only son of St. Thomas, had acquired it by his marriage to Anne Cresacre and it remained so until the nineteenth century.


2021 ◽  
Author(s):  
Mohammad Bazyar ◽  
Vahid Yazdi Feyzabadi ◽  
Jamil Sadeghifar ◽  
Mona Bahmani

Abstract Background: Creating a stable and long-term relationship also called “longitudinality” between the population and general practitioners is crucial for the family physician program. Constant change of family physician can deteriorate longitudinality. In this study we aim to reveal what factors people usually take into account when it comes to choosing a new family physician or changing their current family physician.Method: A qualitative study with content analysis approach and case study was carried out in Ilam province, Iran, in 2019. Purposeful sampling with maximum variations was followed to select the key. Data was analyzed and main themes of framework were extracted by using MAXQDA software. Results: The content of interviews was categorized in two main themes, 6 sub-themes and 38 codes. General behaviors, social and physical characteristics, professional expertise, and pharmaceutical prescriptions of family physician and also location and physical features and properties of the health center were the main sub-themes extracted from interviews which can influence the people’s choice of family physician.Conclusion: Some of the factors extracted from the interviews may have different effect on the choice of different people with different demographics. For instance, different patients may have different ideas about the age, gender, years of medical practice, language and origin of birth place of doctors. Quantitative studies are needed to rank the factors identifies in this study according to their significance for choosing FP and reveal preferences of patients for each factor.


Author(s):  
Jack Anderson

This article critically assesses the criminal law on consensual harm through an examination of the legality of fighting sports. The article begins by considering fighting sports such as bare-fisted prize fighting (dominant in the nineteenth century). It then, in historical chronology, examines the legality of professional boxing with gloves (dominant in the twentieth century). Doctrinally, the article reviews why and how, in a position adopted by the leading common law jurisdictions, fighting sports benefit from an application of the “well-established” category-based exceptions to the usual bodily harm threshold of consent in the criminal law. Centrally, fighting sports and doctrinal law on offenses against the person are juxtaposed against the theoretical boundaries of consent in the criminal law to examine whether and where the limit of the “right to be hurt” might lie. In sum, this article uses fighting sports as a case study to assess whether the criminal law generally can or should accommodate the notion of a fair fight, sporting or otherwise, predicated on the consent of the participants to the point that the individuals involved might be said, pithily, to have extended an open invite to harm.


Author(s):  
Gavan McCarthy

This paper presents a case study that demonstrates how a long term research activity, with the intention to create a scholarly edition of scientific correspondence, can be liberated from its print paradigm strictures to join the twenty first century world of interconnected knowledge. The Von Mueller Correspondence Project has produced a corpus of over 15,600 digitally transcribed letters and related materials focused on the period 1840 to 1896. These are complemented by materials in a range of forms that refer to Mueller dating from 1814 to 1931. Mueller was a prolific correspondent and established links with hundreds of fellow botanists and biologists across the globe; most of these, and certainly the most notable, will be registered in the History of Science Society Isis Cumulative Bibliography as Authority Records with links to publications about them and is some cases publications by them. The long-term plan is to systemically interlink the Von Mueller Correspondence Project digital corpus and the Isis Cumulative Bibliography and develop the synergies that will drive digital humanities analysis and future scholarly endeavour. That is the vision but what is the reality? At what stage is the project now? How did it get this far? What steps remain? How does the story of this project help us better understand the imperatives of digital scholarship – its strengths and its challenges?


2009 ◽  
Vol 10 (2) ◽  
Author(s):  
Joshua Getzler

In the early nineteenth century, authoritative treatise writers such as James Kent and Joseph Story represented Anglo-American trust law as a seamless web. But the transplantation of trust law from England to America was not a simple process of adherence. Rather, American courts and legislatures came to discard fundamental English trust doctrines. Restraints on anticipation and on alienation were embraced, and in key state jurisdictions bare trusts were abolished, or else displaced from the core of trust law. Irreducible settlor power over beneficiaries and the strong protection of beneficiaries from creditors under spendthrift trusts were two strikingly original American creations, which flowed from these basic doctrinal choices. The changes made to American trust doctrine yield a paradox for the legal, social and economic historian, namely that republican America ended up with a more dynastic property law, more wedded to dead hand control and more hostile to commercial creditors, than did aristocratic England with its unreformed system of common law and equity rooted in the feudal property system. The American abandonment of free alienability of beneficial interests and the corresponding reduction of the beneficiary’s powers over trust assets may have been rooted in the volatility of credit in America and the desire of the wealthy to escape from the pressures of the market, though disparities between jurisdictions remain to be explained.


1973 ◽  
Vol 5 (2) ◽  
pp. 177-197 ◽  
Author(s):  
William Lofstrom

It is axiomatic, but certainly deserving of periodic repetition, that the long-term configuration of political, social and economic institutions in Iberian America has been determined both by the apparatus, operation and rationale of the metropolitan state, as well as by the premises and patterns of colonization. Equally apparent is the premise that the politico-administrative crisis associated with the achievement of independence in early nineteenth-century Latin America must be studied in the light of this ‘set’ of New World institutions, and particularly in relation to what Richard Morse calls the Spanish patrimonial state.


2013 ◽  
Vol 31 (2) ◽  
pp. 79-92 ◽  
Author(s):  
Halil Can

Building on a long-term, multi-sited ethnographic research project, this article illustrates and interprets the transformation processes and empowerment strategies pursued by an originally Zazaki-speaking, multigenerational Alevi family in the Turkish-German transnational context. The family, which includes a number of Alevi priests (seyyid or dede), hails from the Dersim4 region of eastern Anatolia, and their family biography is closely bound up with a traumatic mass murder and crime against humanity that local people call “Dersim 38“ or “Tertele.“ Against the background of this tragedy, the family experienced internal migration (through forced remigration and settlement) thirty years before its labor migration to Germany. This family case study accordingly examines migration as a multi-faceted process with plural roots and routes. The migration of people from Turkey neither begins nor ends with labor migration to Germany. Instead, it involves the continuous, nonlinear, and multidirectional movement of human beings, despite national border regimes and politics. As a result, we can speak of migration processes that are at once voluntary and forced, internal and external, national and transnational. 5 In this particular case, the family members, even the pioneer generation labor migrants who have since become shuttle migrants, maintain close relationships with Dersim even as they spend most of their lives in a metropolitan German city. At the same time, they confront moments of everyday in- and exclusion in this transnational migration space that define them as both insiders and out- siders. Keeping these asymmetrical attributions in mind, I examine the family's sociocultural, religious, and political practices and resources from a transna- tional perspective, paying close attention to their conceptualization of identity and belonging as well as their empowerment strategies.


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