Students of American history know of the law's critical role in systematizing a racial hierarchy in the United States. Showing that this history is best appreciated in a comparative perspective, The Long, Lingering Shadow looks at the parallel legal histories of race relations in the United States, Brazil, and Spanish America. Robert J. Cottrol takes the reader on a journey from the origins of New World slavery in colonial Latin America to current debates and litigation over affirmative action in Brazil and the United States, as well as contemporary struggles against racial discrimination and Afro-Latin invisibility in the Spanish-speaking nations of the hemisphere. Ranging across such topics as slavery, emancipation, scientific racism, immigration policies, racial classifications, and legal processes, Cottrol unravels a complex odyssey. By the eve of the Civil War, the U.S. slave system was rooted in a legal and cultural foundation of racial exclusion unmatched in the Western Hemisphere. That system's legacy was later echoed in Jim Crow, the practice of legally mandated segregation. Jim Crow in turn caused leading Latin Americans to regard their nations as models of racial equality because their laws did not mandate racial discrimination--a belief that masked very real patterns of racism throughout the Americas. And yet, Cottrol says, if the United States has had a history of more-rigid racial exclusion, since the Second World War it has also had a more thorough civil rights revolution, with significant legal victories over racial discrimination. Cottrol explores this remarkable transformation and shows how it is now inspiring civil rights activists throughout the Americas.
Since 1943, the lives of Brazilian working people and their employers have been governed by the Consolidation of Labor Laws (CLT). Seen as the end of an exclusively repressive approach, the CLT was long hailed as one of the world's most advanced bodies of social legislation. In Drowning in Laws, John D. French examines the juridical origins of the CLT and the role it played in the cultural and political formation of the Brazilian working class. Focusing on the relatively open political era known as the Populist Republic of 1945 to 1964, French illustrates the glaring contrast between the generosity of the CLT's legal promises and the meager justice meted out in workplaces, government ministries, and labor courts. He argues that the law, from the outset, was more an ideal than a set of enforceable regulations--there was no intention on the part of leaders and bureaucrats to actually practice what was promised, yet workers seized on the CLT's utopian premises while attacking its systemic flaws. In the end, French says, the labor laws became "real" in the workplace only to the extent that workers struggled to turn the imaginary ideal into reality.
A History of Private Law and Institutions in Spanish America
Author: M. C. Mirow
Publisher: University of Texas Press
Private law touches every aspect of people's daily lives—landholding, inheritance, private property, marriage and family relations, contracts, employment, and business dealings—and the court records and legal documents produced under private law are a rich source of information for anyone researching social, political, economic, or environmental history. But to utilize these records fully, researchers need a fundamental understanding of how private law and legal institutions functioned in the place and time period under study. This book offers the first comprehensive introduction in either English or Spanish to private law in Spanish Latin America from the colonial period to the present. M. C. Mirow organizes the book into three substantial sections that describe private law and legal institutions in the colonial period, the independence era and nineteenth century, and the twentieth century. Each section begins with an introduction to the nature and function of private law during the period and discusses such topics as legal education and lawyers, legal sources, courts, land, inheritance, commercial law, family law, and personal status. Each section also presents themes of special interest during its respective time period, including slavery, Indian status, codification, land reform, and development and globalization.
This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly on interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law--the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.
Americans have traditionally viewed war as an aberration in the normal course of events. Although paying lip service to the Clausewitzian dictum that war and politics are two parts of a tightly knit whole, we have traditionally waged wars as great crusades divorced from political realities. Thus we have been nonplussed in the last half of the twentieth century by our involvement in limited wars waged for limited objectives. America's responsibilities as a superpower with worldwide interests forced upon us the unpleasant notion of using our armed forces as practical instruments of political policy. The reality of this notion has been difficult for many Americans to understand and accept."" Col. Dennis M. Drew and Dr. Donald M. Snow have performed a significant service by producing a volume that places the American experience at war in its proper political context. Going further, they have also placed the American experience in a technological context and analyzed how political and technological factors influenced the conduct of American wars. In addition, they have combined all of these factors and analyzed their influences on the outcomes of our wars, what Sir Basil Liddell Hart called " the better state of peace," which is the fundamental objective of warfare."" One can find a number of military, political, and technological histories that address the American experience at war. However, I know of no other single volume that addresses all of these aspects in such a concise and readable fashion. But Eagle's Talons is much more than just a history of the American experience. If gaining insights about where we are going requires an understanding of where we have been, Colonel Drew and Dr. Snow provide a key to understanding how and why the United States might employ its military power in the future." Sidney J. WiseColonel, United States Air ForceCommander, Center for Aerospace Doctrine, Research, and Education
In Speculative Blackness, André M. Carrington analyzes the highly racialized genre of speculative fiction—including science fiction, fantasy, and utopian works, along with their fan cultures—to illustrate the relationship between genre conventions in media and the meanings ascribed to blackness in the popular imagination. Carrington’s argument about authorship, fandom, and race in a genre that has been both marginalized and celebrated offers a black perspective on iconic works of science fiction. He examines the career of actor Nichelle Nichols, who portrayed the character Uhura in the original Star Trek television series and later became a recruiter for NASA, and the spin-off series Star Trek: Deep Space Nine, set on a space station commanded by a black captain. He recovers a pivotal but overlooked moment in 1950s science fiction fandom in which readers and writers of fanzines confronted issues of race by dealing with a fictitious black fan writer and questioning the relevance of race to his ostensible contributions to the 'zines. Carrington mines the productions of Marvel comics and the black-owned comics publisher Milestone Media, particularly the representations of black sexuality in its flagship title, Icon. He also interrogates online fan fiction about black British women in Buffy the Vampire Slayer and the Harry Potter series. Throughout this nuanced analysis, Carrington theorizes the relationship between race and genre in cultural production, revealing new understandings of the significance of blackness in twentieth-century American literature and culture.
This is a new edition of the radical social history of America from Columbus to the present. This powerful and controversial study turns orthodox American history upside down to portray the social turmoil behind the "march of progress". Known for its lively, clear prose as well as its scholarly research, A People's History is the only volume to tell America's story from the point of view of - and in the words of - America's women, factory workers, African-Americans, Native Americans, the working poor, and immigrant laborers. As historian Howard Zinn shows, many of America's greatest battles - the fights for fair wage, an eight-hour workday, child-labor laws, health and safety standards, universal suffrage, women's rights, racial equality - were carried out at the grassroots level, against bloody resistance. Covering Christopher Columbus's arrival through the Clinton years A People's History of the United States, which was nominated for the American Book Award in 1981, is an insightful analysis of the most important events in US history.
Tracing the litigations, highlighting the pivotal role of the NAACP, and including incisive portraits of key players, this book simply but powerfully shows that "Brown" not only changed the national equation of race and caste, it also changed our view of the Court's role in American life.
Political Articles in the Dictionary of Diderot and D'Alembert
Author: Denis Diderot,Jean Le Rond d' Alembert
Publisher: Liberty Fund
Category: Political science
Often described as the culmination of the French Enlightenment, the Encyclopédie was collected not only to serve as a comprehensive reference work, but to "change the way men think" about every aspect of the human and natural worlds. In his celebrated "Preliminary Discourse" to the compilation, d'Alembert traced an entire history of modern philosophy and science designed to chart the way toward a sweeping Baconian project of improving the world through usable knowledge. This anthology is the first endeavor to bring together the most significant political writing from the entire twenty-million-word compendium. It includes eighty-one of the most original, controversial, and representative articles on political ideas, practices, and institutions, many translated into English for the first time. The articles cover such topics as the foundations of political order, the relationship between natural and civil liberty, the different types of constitutional regimes, the role of the state in economic and religious affairs, and the boundaries between manners, morals, and laws. In addition to Diderot's early and important articles "Political Authority," the "Citizen," and "Natural Right" and the substantial treatments of subjects such as the "Legislator" (by Saint-Lambert), "Representation" (by d'Holbach), "Population" (by Damilaville), and "Political Economy" (by Quesnay), the anthology will also introduce to many English-language readers the tireless figure of Chevalier Louis de Jaucourt (1704-80), who wrote about 18,000 articles, or about 25 percent of the Encyclopédie. Jaucourt's numerous articles on political topics did much to solidify the new political teachings of the natural-law tradition, the English Whig writers, the Huguenot diaspora, and particularly Montesquieu, whose Spirit of the Laws had appeared shortly before the first volume of the Encyclopédie itself. Henry C. Clark is a Visiting Professor in the Political Economy Project at Dartmouth College. He has written two books and numerous articles, mainly on the French and Scottish Enlightenments. Christine Dunn Henderson is a Senior Fellow at Liberty Fund.
The Journal published yesterday morning the eighteenth and last of the series of lectures delivered by Rabbi Krauskopf on "The Jew and Moor in Spain." From first to last these lectures have been of absorbing interest. The Synagogue has been crowded on the occasion of their delivery, and it was with regret that the Rabbi's hearers heard that the lecture on Friday night was the last of the series. It is the purpose of Rabbi Krauskopf to have his lectures issued in book form. They will make an attractive volume, and will no doubt be widely read. Rabbi Krauskopf is a graphic writer, and his lectures upon "The Jew And Moor in Spain" are a series of historical occurrences related in a manner that serves to chain the reader's attention—old world scenes are accurately and vividly described. The reader is taken through all the struggles, the defeats and the triumphs of the Jews. Their arts, their industry, their upright dealings and their steadfast adherence to their religion through trials and persecutions are related with a proud belief that they were God's chosen people, working out their destiny according to His will. The lecturer started with the Jews as he found them, a prosperous community in southwestern Europe, busily engaged in transforming Spain into a granery and garden spot of Europe, respected by their heathen neighbors, happy and contented. He passed on to the period of persecution in the Sixth Century when Christianity of a somewhat forcible nature attempted the conversion of the Jews by persecution; when many were massacred and others driven into exile. Then came the Arab invasion and during the period of Moham[ix]medan supremacy the Jews were again allowed to live in peace and the exercise of their own religious rites. For eight centuries the Jews and the Moors worked side by side and the once down-trodden people rose to affluence and high position. With the decline of Mohammedan power, and the expulsion of the Moors by the Spaniards, the Jews were again reduced to a pitiable state. Spain arose to enormous power, but that, too, has waned, and the population of 30,000,000 people has dwindled to about half that number. The manufactures, the commerce and the agricultural, the universal prosperity which the Jews had built up disappeared, and the glory of Spain departed as rapidly as it had been acquired. In the expulsion of the Jews and Moors alone does Rabbi Krauskopf attribute the ruin of Spain. The lectures read like a romance. They are an historical romance, told in a charming manner, full of descriptions accurate, truthful. When they are compiled the volume will undoubtedly meet with a large sale. It was not the original intention of the Rabbi to issue his lectures in book form, but many people, both Jews and Christians, have requested him verbally and by letter to do so, and he has decided to grant their requests.
A History of the Great Rebellion in the United States of America, 1860-'64: Its Causes, Incidents, and Results: Intended to Exhibit Especially Its Moral and Political Phases, with the Drift and Progress of American Opinion Respecting Human Slavery from 1776 to the Close of the War for the Union
And Through Her, of the South, in Recent and Pending Contests Against the Sectional Party
Author: Robert L. Dabney
Publisher: E. J. HALE & SON
Example in this ebook To the conquerors of my native State, and perhaps to some of her sons, a large part of the following defence will appear wholly unseasonable. A discussion of a social order totally overthrown, and never to be restored here, will appear as completely out of date to them as the ribs of Noah's ark, bleaching amidst the eternal snows of Ararat, to his posterity, when engaged in building the Tower of Babel. Let me distinctly premise, that I do not dream of affecting the perverted judgments of the great anti-slavery party which now rules the hour. Of course, a set of people who make success the test of truth, as they avowedly do in this matter, and who have been busily and triumphantly engaged for so many years in perfecting a plain injustice, to which they had deliberately made up their minds, are not within the reach of reasoning. Nothing but the hand of a retributive Providence can avail to reach them. The few among them who do not pass me by with silent neglect, I am well aware will content themselves with scolding; they will not venture a rational reply. But my purpose in the following pages is, first and chiefly, to lay this pious and filial defence upon the tomb of my murdered mother, Virginia. Her detractors, after 6 committing the crime of destroying a sovereign and co-equal commonwealth, seek also to bury her memory under a load of obloquy and falsehood. The last and only office that remains to her sons is to leave their testimony for her righteous fame—feeble it may be now, amidst the din of passion and material power, yet inextinguishable as Truth's own torch. History will some day bring present events before her impartial bar; and then her ministers will recall my obscure little book, and will recognize in it the words of truth and righteousness, attested by the signatures of time and events. Again: if there is indeed any future for civilized government in what were the United States, the refutation of the abolitionist postulates must possess a living interest still. Men ask, "Is not the slavery question dead? Why discuss it longer?" I reply: Would God it were dead! Would that its mischievous principles were as completely a thing of the past as our rights in the Union in this particular are! But in the Church, abolitionism lives, and is more rampant and mischievous than ever, as infidelity; for this is its true nature. Therefore the faithful servants of the Lord Jesus Christ dare not cease to oppose and unmask it. And in the State, abolitionism still lives in its full activity, as Jacobinism; a fell spirit which is the destroyer of every hope of just government and Christian order. Hence, the enlightened patriot cannot cease to contend with it, until he has accepted, in his hopelessness, the nefas de republica desperandi. Whether wise and good men deem that this discussion is antiquated, may be judged from the fact that Bishop Hopkins (one of the most revered divines among Episcopalians) judged it proper, in 1864, and Dr. Stuart Robinson, 7 of Louisville, (equally esteemed among Presbyterians,) in 1865, to put forth new and able arguments upon this question. It should be added, in explanation, that, as a son of Virginia, I have naturally taken her, the oldest and greatest of the slaveholding States, as a representative. I was most familiar with her laws. In defending her, I have virtually defended the whole South, of which she was the type; for the differences between her slave institutions and theirs were in no respect essential. To be continue in this ebook
This carefully crafted ebook: “Frankenstein (The Original 1818 'Uncensored' Edition of the Science Fiction Classic)” is formatted for your eReader with a functional and detailed table of contents. Frankenstein; or, The Modern Prometheus is the original 1818 'Uncensored' Edition of Frankenstein as first published anonymously in 1818. This original version is much more true to the spirit of the author's original intentions than the heavily revised 1831 edition, edited by Shelley, in part, because of pressure to make the story more conservative. Many scholars prefer the 1818 text to the more common 1831 edition. Frankenstein is a novel written by Mary Shelley about a creature produced by an unorthodox scientific experiment. Shelley started writing the story when she was nineteen, and the novel was published when she was twenty-one. Shelley had travelled in the region of Geneva, where much of the story takes place, and the topics of galvanism and other similar occult ideas were themes of conversation among her companions, particularly her future husband, Percy Shelley. The storyline emerged from a dream. Mary, Percy, Lord Byron, and John Polidori decided to have a competition to see who could write the best horror story. After thinking for weeks about what her possible storyline could be, Shelley dreamt about a scientist who created life and was horrified by what he had made. She then wrote Frankenstein.
The book explores the historical development and status of political and economic institutions in The Caribbean. The Caribbean institutional reality is studied vis-à-vis best international practices. The main objective is identifying positive aspects and institutional areas in need of improvement that could facilitate a sustainable development path in The Caribbean.
Through the Arc of the Rain Forest is a burlesque of comic-strip adventures and apocalyptic portents that stretches familiar truths to their logical extreme in a future world that is just recognizable enough to be frightening. In the Author's Note," Karen Tei Yamashita writes that her book is like a Brazilian soap opera called a novela: "the novela's story is completely changeable according to the whims of the public psyche and approval, although most likely, the unhappy find happiness; the bad are punished; true love reigns; a popular actor is saved from death ... an idyll striking innocence, boundless nostalgia and terrible ruthlessness." The stage is a vast, mysterious field of impenetrable plastic in the Brazilian rain forest set against a backdrop of rampant environmental destruction, commercialization, poverty, and religious rapture. Through the Arc of the Rainforest is narrated by a small satellite hovering permanently around the head of an innocent character named Kazumasa. Through no fault of his own, Kazumasa seems to draw strange and significant people into his orbit and to find himself at the center of cataclysmic events that involve carrier pigeons, religious pilgrims, industrial espionage, magic feathers, big money, miracles, epidemics, true love, and the virtual end of the world. This book is simultaneously entertaining and depressing, with all the rollicking pessimism you'd expect of a good soap opera or a good political satire."- Kirsten Backstrom, 500 Great Books by Women
The 2016 presidential election has sparked an unprecedented interest in the Electoral College. In response to Donald Trump winning the presidency despite losing the popular vote, numerous individuals have weighed in with letters-to-the-editor, op-eds, blog posts, videos, and the like, and thanks to the revolution in digital communications, these items have reached an exceptionally wide audience. In short, never before have so many people had so much to say about the Electoral College. To facilitate and expand the conversation, Picking the President: Understanding the Electoral College offers brief essays that examine the Electoral College from different disciplinary perspectives, including philosophy, mathematics, political science, history, and pedagogy. Along the way, the essays address a variety of questions about the Electoral College: Why was it created? How has it changed over time? Who benefits from it? Is it just? How will future demographic patterns affect it? Should we alter or abolish the Electoral College, and if so, what should replace it? In exploring these matters, Picking the President enhances our understanding of one of America's most high-profile, momentous issues.
Territory is one of the central political concepts of the modern world and, indeed, functions as the primary way the world is divided and controlled politically. Yet territory has not received the critical attention afforded to other crucial concepts such as sovereignty, rights, and justice. While territory continues to matter politically, and territorial disputes and arrangements are studied in detail, the concept of territory itself is often neglected today. Where did the idea of exclusive ownership of a portion of the earth’s surface come from, and what kinds of complexities are hidden behind that seemingly straightforward definition? The Birth of Territory provides a detailed account of the emergence of territory within Western political thought. Looking at ancient, medieval, Renaissance, and early modern thought, Stuart Elden examines the evolution of the concept of territory from ancient Greece to the seventeenth century to determine how we arrived at our contemporary understanding. Elden addresses a range of historical, political, and literary texts and practices, as well as a number of key players—historians, poets, philosophers, theologians, and secular political theorists—and in doing so sheds new light on the way the world came to be ordered and how the earth’s surface is divided, controlled, and administered.
This book is an attempt to bring the gender and development debate full circle-from a much-needed focus on empowering women to a more comprehensive gender framework that considers gender as a system that affects both women and men. The chapters in this book explore definitions of masculinity and male identities in a variety of social contexts, drawing from experiences in Latin America, the Caribbean and sub-Saharan Africa. It draws on a slowly emerging realization that attaining the vision of gender equality will be difficult, if not impossible, without changing the ways in which masculinities are defined and acted upon. Although changing male gender norms will be a difficult and slow process, we must begin by understanding how versions of masculinities are defined and acted upon.
Transcolonial Collaboration in the Revolutionary Americas
Author: Sara E. Johnson
Publisher: Univ of California Press
Category: Literary Collections
The Fear of French Negroes is an interdisciplinary study that explores how people of African descent responded to the collapse and reconsolidation of colonial life in the aftermath of the Haitian Revolution (1791-1845). Using visual culture, popular music and dance, periodical literature, historical memoirs, and state papers, Sara E. Johnson examines the migration of people, ideas, and practices across imperial boundaries. Building on previous scholarship on black internationalism, she traces expressions of both aesthetic and experiential transcolonial black politics across the Caribbean world, including Hispaniola, Louisiana and the Gulf South, Jamaica, and Cuba. Johnson examines the lives and work of figures as diverse as armed black soldiers and privateers, female performers, and newspaper editors to argue for the existence of "competing inter-Americanisms" as she uncovers the struggle for unity amidst the realities of class, territorial, and linguistic diversity. These stories move beyond a consideration of the well-documented anxiety insurgent blacks occasioned in slaveholding systems to refocus attention on the wide variety of strategic alliances they generated in their quests for freedom, equality and profit.