scholarly journals Contract’s Meaning and the Histories of Classical Contract Law

2013 ◽  
Vol 59 (1) ◽  
pp. 165-207 ◽  
Author(s):  
Anat Rosenberg
Keyword(s):  
Nineteenth Century ◽  
Good Reason ◽  
Contract Law ◽  
Social Consciousness ◽  
Literary Realism ◽  
Cultural Sites ◽  
The Creation ◽  
Multiple Accounts

This paper argues that histories of nineteenth-century contract have been implicated in the creation of a questionable historical artifact: the story of a single meaning of contract at the decisive era for modern contract law’s development, a story intimately tied with atomistic individualism. The paper traces how the consensus has been built and kept beyond debate despite significant controversies engaging rival historical schools of nineteenth-century contract law. It does so by critically synthesizing multiple accounts of contract law, produced from the nineteenth century to our own days. It opens, however, with a brief literary excursion in order to show that there is good reason to view the consensus as unwarranted. An individualist but relational version of contract was dominant in Victorian literary realism, one of the central cultural sites of the “Age of Contract”, problematizing the story of a single meaning of contract. The consensus created by contract histories bears implications for present thought as it negotiates visions of contract, and as it explores law’s constitutive effects on social consciousness. This paper lays the consensus open so that we can let go of it.

Migration trajectories of seafarers during the transition from sail to steam: Change and continuity in Antwerp, 1850-1900

2020 ◽  
Vol 32 (3) ◽  
pp. 616-635
Author(s):  
Kristof Loockx
Keyword(s):  
Nineteenth Century ◽  
Skilled Labour ◽  
The Creation

This article examines the migration trajectories of seafarers who worked on Belgian merchant vessels departing from the port of Antwerp during the second half of the nineteenth century. Based on the Antwerp seamen’s registry, which recorded information on voyages of seafarers on Belgian merchant vessels departing from Belgium’s main commercial port, this article shows that Antwerp’s maritime recruitment area vastly expanded with the advent of steam. The proportion of low-skilled seafarers who originated from inland areas increased as a result of the creation of new departments aboard ship and the emergence of ocean liners. However, established migration fields remained important for the supply of skilled labour in deck departments, which indicates that there was also continuity. The findings suggest that each department had its own dynamics and therefore old and new patterns co-evolved during a period of transition.

scholarly journals Mass Petitioning, Education Reform, and the Development of Political Culture in Madras, 1839–1842

2021 ◽  
pp. 1-22
Author(s):  
Scott Travanion Connors
Keyword(s):  
Nineteenth Century ◽  
Education Reform ◽  
Political Culture ◽  
Political Activism ◽  
East India Company ◽  
Colonial State ◽  
Growing Body ◽  
The Creation

Abstract This article explores the emergence of reformist sentiment and political culture in Madras in the mid-nineteenth century. Moreover, it contributes to, and expands upon, the growing body of literature on colonial petitioning through a case-study of a mass petition demanding education reform. Signed in 1839 by 70,000 subjects from across the Madras presidency, the petition demanded the creation of a university that would qualify western-educated Indians to gain employment in the high public offices of the East India Company. Through an analysis of the lifecycle of this education petition, from its creation to its reception and the subsequent adoption of its demands by the Company government at Fort St George, this article charts the process by which an emergent, politicized public engaged with, and critiqued, the colonial state. Finally, it examines the transformative effect that the practice of mass petitioning had on established modes of political activism and communication between an authoritarian colonial state and the society it governed.

scholarly journals CYCLICAL HISTORY IN THE GAMBIA/CASAMANCE BORDERLANDS: REFUGE, SETTLEMENT AND ISLAM FROM c. 1880 TO THE PRESENT

2007 ◽  
Vol 48 (2) ◽  
pp. 221-243 ◽  
Author(s):  
PAUL NUGENT
Keyword(s):  
Nineteenth Century ◽  
The Gambia ◽  
Hard Work ◽  
Border Zone ◽  
The Creation

ABSTRACTThis article begins with a quotation from a local informant highlighting a perception in the Gambia/Casamance borderlands that there is a pattern linking the violence of the later nineteenth century with more recent troubles. It argues that there is some merit in this thesis, which is encapsulated in a concatenation of events: systematic raiding by Fodé Sylla led to the creation of a relatively depopulated colonial border zone which was later filled by Jola immigrants from Buluf to the southeast. In the perception of some, it is these immigrants who attracted the MFDC rebels. Mandinkas and Jolas of Fogny Jabankunda and Narang, and Karoninkas from the islands of Karone have therefore been largely unreceptive to appeals to Casamance nationalism. The article also argues that there are more twisted historical connections. Whereas in the later nineteenth century, the Jolas associated Islam with violent enslavement, they later converted en masse. Their attitude towards Fodé Sylla remained negative, whilst the Mauritanian marabout, Cheikh Mahfoudz, was credited with the introduction of a pacific form of Islam that valorized hard work and legitimated physical migration. This legacy has posed a further barrier to militant nationalism. Islam and violence remain linked, but the signs have been reversed.

‘She will wear the britsch’: Masculinity and the iconography of Prince Albert

2020 ◽  
Vol 7 (1-2) ◽  
pp. 199-222
Author(s):  
Hannah Bradshaw
Keyword(s):  
Nineteenth Century ◽  
Performance Studies ◽  
Art History ◽  
Male Body ◽  
Masculine Ideology ◽  
The Creation ◽  
Female Rule ◽  
And Performance

This article examines the early representations of Prince Albert that either satirize or attempt to reconcile the hierarchical ambiguities and issue of threatened masculinity that resulted from unconventional male consortship and female rule. It concludes that the latter was achieved through the development of a suitable and legible iconography for a nineteenth-century male consort in adherence with British iconographic tradition and values. Drawing from methods in nineteenth-century art history as well as gender and performance studies and anthropology, it argues that images of the male body play a fundamental role in the construction and perpetuation of masculine ideology and subjectivity through the creation of the semblance of an innate and axiomatic masculine archetype. In doing so, this article problematizes and historicizes masculinity by illuminating the plurality of expressions of masculinity and rejecting the essentialist narrative of masculinity as something measurable or quantifiable, as well as ahistorical, atemporal, apolitical and heteronormative.

Pain and the Aesthetics of US Literary Realism

2021 ◽  
Author(s):  
Cynthia J. Davis
Keyword(s):  
Nineteenth Century ◽  
Henry James ◽  
Mark Twain ◽  
William Dean Howells ◽  
Literary Realism ◽  
Physical Pain ◽  
Civilizing Process ◽  
Physical Suffering ◽  
Convergence And Divergence ◽  
Similarities And Differences

This book examines the cultural pursuit of a painless ideal as a neglected context for US literary realism. Advances in anesthesia in the final decades of the nineteenth century together with influential religious ideologies helped strengthen the equation of a comfortable existence insulated from physical suffering with the height of civilization. Theories of the civilizing process as intensifying sensitivity to suffering were often adduced to justify a revulsion from physical pain among the postbellum elite. Yet a sizeable portion of this elite rejected this comfort-seeking, pain-avoiding aesthetic as a regrettable consequence of over-civilization. Proponents of the strenuous cult instead identified pain and strife as essential ingredients of an invigorated life. The Ache of the Actual examines variants on a lesser known counter-sensibility integral to the writings of a number of influential literary realists. William Dean Howells, Henry James, Edith Wharton, Mark Twain, and Charles Chesnutt each delineated alternative definitions of a superior sensibility indebted to suffering rather than to either revulsion from or immersion in it. They resolved the binary contrast between pain-aversion on one side and pain-immersion on the other by endorsing an uncommon responsiveness to pain whose precise form depended on the ethical and aesthetic priorities of the writer in question. Focusing on these variations elucidates the similarities and differences within US literary realism while revealing areas of convergence and divergence between realism and other long-nineteenth-century literary modes, chief among them both sentimentalism and naturalism, that were similarly preoccupied with pain.

scholarly journals A Vigorous Affirmation of Life: Slaves in the Face of Dehumanization

Elements ◽  
2015 ◽  
Vol 11 (1) ◽  
Author(s):  
Danielle Nista
Keyword(s):  
Nineteenth Century ◽  
American South ◽  
Musical Instruments ◽  
Power Struggle ◽  
True Nature ◽  
Chattel Slavery ◽  
Affirmation Of Life ◽  
The Face ◽  
The Creation ◽  
The American South

For a slave living under the system of chattel slavery in the American South during the nineteenth century, avenues of self-expression were extremely limited. One of the few ways slaves could exert control over their own lives was through singing and dancing. These arts gave slaves a chance to relieve stress and establish a culture through the creation of musical instruments, songs, and dances. All of these contained hints at the true nature of slaves’ feelings towards the system that oppressed them, feelings that they had to frequently repress. However, despite slaves’ efforts to make this culture entirely their own, masters tried to find ways to use it to their advantage instead of to the slaves’ benefit. The resulting covert power struggle sometimes ended in favor of the masters, taking the form of regulations on slaves’ dances, requirement of the performance of songs and dances for the masters’ entertainment, and even abuse of slaves by using their own arts. Ultimately, however, slaves emerged victorious because of the hidden messages in their songs and dances. Though this method of coping could not erase all the masters did, it was at least one glimmer of hope.

Reformism and Orthodox Practice in Early Nineteenth-Century Muslim North India: Sayyid Ahmed Shaheed Reconsidered

2011 ◽  
Vol 21 (2) ◽  
pp. 177-198
Author(s):  
SANA HAROON
Keyword(s):  
Nineteenth Century ◽  
North India ◽  
Ordinary People ◽  
Early Nineteenth Century ◽  
The North ◽  
The Creation

AbstractThis paper is a reconsideration of the career of the north-Indian Sayyid Ahmed Shaheed (1786–1831). I argue that Sayyid Ahmed used a Sufi devotional premise to understand and explain principles of orthodoxy. He also applied a concept of innate spiritual knowledge to reformed practice, suggesting that ordinary people, without scholarly training, could determine and apply the principles of orthodox practice of Islam for themselves and for others. His movement modified traditional seminary-centred teaching and leadership through the creation of a popular and easily transferrable system of practice rooted in the community and imprinted with the obligation to spread reformist teachings.

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