834 resultados para eighteenth century justice and courts


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This dissertation explores the similarities and differences which characterize the depiction of people of color in certain representative nineteenth century Cuban and Brazilian slavery novels as a function of the authorial approach of each territory's literary tradition toward the issues of slavery, racial prejudice, and people of color. The selected texts, derived from the peak periods in slavery literature of each territory, include Francisco , by Anselmo Snárez y Romero; Sab, by Gertrudis Gómez de Avellaneda; Cecilia Valdés , by Cirilo Villaverde; A escrava Isaura, by Bernardo Guimarães; O mulato, by Aluísio Azevedo; and Bom-Crioulo, by Adolfo Caminha. While the present study explores the enslavement, abuse, and discrimination of people of color as a consequence of a deep-seated discourse of power, privilege and racial superiority, it focuses more extensively on the representation of people of color, particularly in their capacity to constructively appropriate the cultural values of the white dominant group and recognize their identity as ambiguous. ^ Said's theories of Orientalist discourse and geography and formation as well as Dube's perspective on subaltern-oriented studies provide a theoretical framework for exploring the response of slavery writers whose common exposure to slavery but dissimilar socio-political contexts generate some startling findings. Crafted within a period of political repression, fear of black revolt, factional in-fighting as well as strong socioeconomic ties to the slaveholding class, the Cuban texts generally fashioned an approach to slavery as one marked by moderation, reform, and cultural counter discourse and consequently depict people of color with a more passive but culturally authentic outlook. On the other hand, the Brazilian response to the issue of slavery, steeped in an ideological amalgam of liberalism, positivism, republicanism, and abolitionism, is characterized by overt opposition to slavery and a representation of people of color that is less concerned with cross-cultural input but reclaims their humanity as highly educable and socially mobile persons in search of greater freedoms. Ultimately, there is a shared message of higher significance couched in the worthwhile mission of raising slaves to the level of men. ^

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Around the world borders are militarized, states are stepping up repressive anti-immigrant controls, and native publics are turning immigrants into scapegoats for the spiraling crisis of global capitalism. The massive displacement and primitive accumulation unleashed by free trade agreements and neo-liberal policies, as well as state and “private” violence has resulted in a virtually inexhaustible immigrant labor reserve for the global economy. State controls over immigration and immigrant labor have several functions for the system: 1) state repression and criminalization of undocumented immigration make immigrants vulnerable and deportable and therefore subject to conditions of super-exploitation, super-control and hyper-surveillance; 2) anti-immigrant repressive apparatuses are themselves ever more important sources of accumulation, ranging from private for-profit immigrant detention centers, to the militarization of borders, and the purchase by states of military hardware and systems of surveillance. Immigrant labor is extremely profitable for the transnational corporate economy; 3) the anti-immigrant policies associated with repressive state apparatuses help turn attention away from the crisis of global capitalism among more privileged sectors of the working class and convert immigrant workers into scapegoats for the crisis, thus deflecting attention from the root causes of the crisis and undermining working class unity. This article focuses on structural and historical underpinnings of the phenomenon of immigrant labor in the new global capitalist system and on how the rise of a globally integrated production and financial system, a transnational capitalist class, and transnational state apparatuses, have led to a reorganization of the world market in labor, including deeper reliance on a rapidly expanding reserve army of immigrant labor and a vicious new anti-immigrant politics. It looks at the United States as an illustration of the larger worldwide situation with regard to immigration and immigrant justice. Finally, it explores the rise of an immigrant justice movement around the world, observes the leading role that immigrant workers often play in worker’s struggles and that a mass immigrant rights movement is at the cutting edge of the struggle against transnational corporate exploitation. We call for replacing the whole concept of national citizenship with that of global citizenship as the only rallying cry that can assure justice and equality for all.

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The Ais were a Native American group who lived along the Atlantic shoreline of Florida south of Cape Canaveral. This coastal population’s position adjacent to a major shipping route afforded them numerous encounters with the Atlantic world that linked Europe, Africa, the Caribbean, and the Americas. Through their exploitation of the goods and peoples from the European shipwrecks thrown ashore, coupled with their careful manipulation of other Atlantic contacts, the Ais polity established an influential domain in central east Florida during the sixteenth and seventeenth centuries. The pre-contact peoples of Florida’s east coast, including the ancestors of the Ais, practiced a maritime adaptation concentrated on the exploitation of their bountiful riverine, estuarine, and marine environments. The Ais then modified their maritime skills to cope with the opportunities and challenges that accompanied European contact. Using their existing aquatic abilities, they ably salvaged goods and castaways from the Spanish, French, English, and Dutch vessels dashed on the rocks and reefs of Florida’s coast. The Ais’ strategic redistribution of these materials and peoples to other Florida Native Americans, the Spaniards of St. Augustine, and other passing Europeans gained them greater influence. This process, which I call indigenous wrecking, enabled the Ais to expand their domain on the peninsula. Coastal Florida Native Americans’ maritime abilities also attracted the attention of Europeans. In the late seventeenth century, English buccaneers and salvagers raided Florida’s east coast to capture indigenous divers, whom they sent to work the wreck of a sunken Spanish treasure ship located in the Bahamas. The English subsequently sold the surviving Native American captives to other Caribbean slave markets. Despite population losses to such raids, the Ais and other peoples of the east coast thrived on Atlantic exchange and used their existing maritime adaptation to resist colonial intrusions until the start of the eighteenth century. This dissertation thus offers a narrative about Native Americans and the Atlantic that is unlike most Southeastern Indian stories. The Ais used their maritime adaptation and the process of indigenous wrecking to engage and exploit the arriving Atlantic world. In the contact era, the Ais truly became Atlantic Ais.

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Connor was an Irish-born member of seventeenth-century English medical society who made an impact on medicine through his use of anatomy. This forward-thinking scientist also worked as a court physician for the Polish king John III Sobieski (1629- 1696) and published a history of that country. This thesis will examine Bernard Connor's 1698 publication The History of Poland to show that the Commonwealth was considered a vision of a progressive European parliamentary government that could serve as a model for a struggling English parliamentary government, thus supporting Larry Wolff and Maria Todorova's vision of the later eighteenth-century creation of the idea of a backward "eastern Europe."

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Richard Hooker and John Locke were important sources for the thought and public lives of Anglican leaders in the North American colonies. A conviction about religious freedom of conscience during the first half of the eighteenth century constitutes a range of thinking about toleration that contributed to the birth of the republic.

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“War Worlds” reads twentieth-century British and Anglophone literature to examine the social practices of marginal groups (pacifists, strangers, traitors, anticolonial rebels, queer soldiers) during the world wars. This dissertation shows that these diverse “enemies within” England and its colonies—those often deemed expendable for, but nonetheless threatening to, British state and imperial projects—provided writers with alternative visions of collective life in periods of escalated violence and social control. By focusing on the social and political activities of those who were not loyal citizens or productive laborers within the British Empire, “War Worlds” foregrounds the small group, a form of collectivity frequently portrayed in the literature of the war years but typically overlooked in literary critical studies. I argue that this shift of focus from grand politics to small groups not only illuminates surprising social fissures within England and its colonies but provides a new vantage from which to view twentieth-century experiments in literary form.

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This study focuses on a series of foundational stylistic and formal innovations in eighteenth-century and Romantic literature, and argues that they can be cumulatively attributed to the distinct challenges authors faced in representing human action and the will. The study focuses in particular on cases of “acting against better judgment” or “failing to do what one knows one ought to do” – concepts originally theorized as “akrasia” and “weakness of the will” in ancient Greek and Scholastic thought. During the Enlightenment, philosophy increasingly conceives of human minds and bodies like systems and machines, and consequently fails to address such cases except as intractable or incoherent. Yet eighteenth-century and Romantic narratives and poetry consistently engage the paradoxes and ambiguities of action and volition in representations of akrasia. As a result, literature develops representational strategies that distinguish the epistemic capacities of literature as privileged over those of philosophy.

The study begins by centering on narratives of distempered selves from the 1760s. Jean-Jacques Rousseau’s Confessions and Laurence Sterne’s A Sentimental Journey narrate cases of knowingly and weakly acting against better judgment, and in so doing, reveal the limitations of the “philosophy of the passions” that famously informed sentimental literature at the time. These texts find that the interpretive difficulties of action demand a non-systematic and hermeneutic approach to interpreting a self through the genre of narrative. Rousseau’s narrative in particular informs William Godwin’s realist novels of distempered subjects. Departing from his mechanistic philosophy of mind and action, Godwin develops the technique of free indirect discourse in his third novel Fleetwood (1805) as a means of evoking the ironies and self-deceptions in how we talk about willing.

Romantic poetry employs the literary trope of weakness of will primarily through the problem of regretted inaction – a problem which I argue motivates the major poetic innovations of William Wordsworth and John Keats. While Samuel Taylor Coleridge sought to characterize his weakness of will in philosophical writing, Wordsworth turns to poetry with The Prelude (1805), revealing poetry itself to be a self-deceiving and disappointing form of procrastination. More explicitly than Wordsworth, John Keats identifies indolence as the prime symbol and basis of what he calls “negative capability.” In his letters and poems such as “On Seeing the Elgin Marbles” (1817) and “Ode on Indolence” (1819), Keats reveals how the irreducibly contradictory qualities of human agency speak to the particular privilege of “disinterested aesthetics” – a genre fitted for the modern era for its ability to disclose contradictions without seeking to resolve or explain them in terms of component parts.

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Frederick Douglas was a reader of and writer on the nineteenth-century political and social texts and contexts of oppression, which he experienced at home and witnesed while in Ireland and Britain, 1845-47. This thesis is unique in its identification of several surprising lacunae in the research and critical evaluation of Frederick Douglass’ activities of reading and writing and the texts and contexts that supported these activities. This thesis takes Douglass’ relationship with Ireland and the Irish as its starting point, and offers several moments in the transnational space engendered by Douglass’ readerly and writerly experience of the transatlantic axes of Ireland, Britain and America. This thesis draws upon archival research to recover information regarding Douglass’ trip and subjects his reading and writing on Ireland and the Irish to the critical rigours of narratolgical, cultural and discourse analysis. One lacuna is Douglass’ favourite and neglected school primer, the Columbian Orator, which Douglass signified upon across his autobiographical project. The speech by the Irish patriot and exile, Arthur O’Connor, included in the Orator, is crucial to Douglass’ understanding and expression of justice and equality. Genette’s narratological analysis gives theoretical traction to the ways in which, in his autobiographical representations of his British trip, Douglass recalibrates his autobiographies to reflect his changing perspectives on his life and work. Contrary to popular assumptions, Douglass did, in two letters to Garrison address and comment on Irish poverty. This thesis interrogates the strategic anglophilia of these letters. While the World’s Temperance Convention (WTC) refused to discuss African- American slavery, analysis of Douglass’ speech in Covent Garden and of the paratextual apparatus of the published proceedings of the WTC demonstrates the impossibility of separating these closely interrelated reform causes. When a newly discovered poem from Waterford that admonished the city for its disregard for Douglass’ message is juxtaposed with an uncomfortable moment in Cork, we understand that Douglass became a pawn to bolster sectarian rivalries between nationalist and establishment factions. Though Douglass believed imperial politics was the best vehicle for modernity, he recognised that it had failed Ireland: consequently, in Thoughts and Recollections of a Trip to Ireland (1886), he advocates for Home Rule for Ireland.

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This paper will be based on my continuing research on planning and housing development in London. It will focus on the proposals in the Government’s Housing and Planning Bill, which are likely to be enacted in Spring 2016. It will review the evidence of potential spatial impacts in terms of the supply of existing affordable homes and the location and affordability of new supply. This will be related to a review of the alternative development options for London’s growth in the context of the Mayor of London’s draft 2050 Infrastructure Plan. The paper will analyse the potential impact of new Government policy and legislation on whether London’s housing requirements can be delivered in accordance with the objectives of sustainable planning and social justice, and will also consider the constraints on the ability of the new Mayor of London, to be elected in May 2016 to achieve manifesto commitments.

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This policy brief reports on the main conclusions from an international conference held at Wolfson College, Oxford on 18–20 April 2016, at which representatives from seven governments, ombudsmen, and academic experts assessed efforts to implement new dispute resolution mechanisms across EU Member States. The briefing also assesses the levels of trust the public holds in ombudsmen, and what drives this trust. It finds a number of mechanisms under development, and makes a range of recommendations for future approaches.

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After an approach to the translation in Spain during the xviiith century, the purpose of this text is to present the almost unknown version of Terence’s Andria (1786) by M. Dequeisne, written in order to substitute Simon Abril’s one. It consists on the theoretical exposition of the prologue, the issue of the retranslation and the own characteristics of the translation itself, along with a comparison with Simon Abril’s version.

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Case in which Lord Hardwicke introduces the concept of the ‘fair abridgement', and which is generally regarded as the forerunner to the broader doctrine of ‘fair use' developed in the courts throughout the nineteenth century. The document includes two different reports of the decision, as well as an essay by Samuel Johnson on the right to abridge an author's work.
The commentary describes the background to the case, in particular the nature of periodical publication throughout the eighteenth century, the rise of the magazine format in the 1730s, as well as relevant case-law both prior to, and following, the decision. The commentary suggests that while the decision in Gyles can be understood as one guided by public interest arguments similar to those informing the rationale behind the Statute of Anne 1710 (that is, the encouragement of learning and production of useful books) (uk_1710), it can equally be regarded as one in which the court, in effect, expanded the rights of the copyright owner beyond the protections provided by the legislation.

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One of a number of published commentaries contributing to the mid-eighteenth century debate concerning the nature of literary property. The author of An Enquiry sought to repudiate the concept of a natural authorial property right existing at common law. In so doing, he specifically engaged with various aspects of William Warburton's earlier commentary (see: uk_1747), as well as presenting arguments that drew upon the nature of property in general, the differences between the right claimed by proponents of the common law right and other acknowledged incorporeal properties, the similarities between patents and copyright, the history of literary property, the experience of other jurisdictions (drawing upon Venice in particular), and the consequences that would follow from conceding the existence of a perpetual right both for authors in particular and society in general. This commentary, in turn, drew its own response in the guise of A Vindication of the Exclusive Rights of Authors, to their own work (1762).

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Taking as a point of departure recent scholarly interest in the geographies of spoken communication, this paper situates the cultivation of a scientific voice in a range of nineteenth-century contexts and locations. An examination of two of the century’s most celebrated science lecturers, Michael Faraday and Thomas Henry Huxley, offers a basis for more general claims about historical relations between science, speech and space. The paper begins with a survey of the ‘ecologies’ of public speaking in which advocates of science sought to carve out an effective niche. It then turns to a reconstruction of the varying and variously interpreted assumptions about authoritative and authentic speech that shaped how the platform performances of Faraday and Huxley were constructed, contested and remediated in print. Particular attention is paid to sometimes clashing ideals of vocal performance and paralinguistic communication. This signals an interest in the performative 2 dimensions of science lectures rather more than their specific cognitive content. In exploring these concerns, the paper argues that ‘finding a scientific voice’ was a fundamentally geographical enterprise driven by attempts to make science resonate with a wider oratorical culture without losing distinctive appeal and special authority