Hasil untuk "History of Law"

Christine M. Korsgaard, O. O’neill

M. Kleiber

Daniel Carpenter

To the benefit of all of us, Paul Starr has published an updated version of Social Transformation of American Medicine. Nearly everyone in health policy, health politics, or health law who has taken undergraduate or graduate study in the subject—to say nothing of the study of professions, the history of science, the sociology and history of medicine, and the political economy of health—will be familiar with this magisterial 1982 volume. Reading the updated edition gives students and scholars alike a chance to reengage with Starr’s centuries-spanning narrative of the rise of the American medical profession to combined social, economic, and political dominance over the sphere of American health care. To the classic material, Starr appends a new epilogue surveying the last 35 years in light of what came before it. Revisiting the text in the twenty-first century provides an opportunity to examine Starr’s history in light of subsequent academic developments, as well as the intervening years. Starr’s second chapter, “Medicine in a Democratic Culture, 1760–1850,” reads as ever more perceptive in light of four decades of historical, sociological, and political science inquiry that connect the American Revolution more tightly to democratizing patterns in antebellum America. These years saw the undermining of ecclesiastical authority (Hatch 1989), of patriarchal household dominance (Cott 1977; Salmon 1986), of slaveholding magisterium (Sinha 2016), and of landed rentier economies (Huston 2000; McCurdy 2006). It saw the democratization of American political life (Wilentz 2005) and even the democratization of capital through free banking (Lamoreaux 1997; Moss and Brennan 2001). Starr’s description of democratic culture during the “long Revolution” provides a necessary basis for the later liberation of professional expertise. The rise in meritocratic professional authority required first, in some sense, the rupture of earlier barriers that hindered scientific advance. The power accumulated by the medical profession in the late nineteenth century replaced another form of dominance, weakened by cultural democratization. Rereading Starr’s chapters on “The Consolidation of Authority, 1850– 1930” and “The Escape from the Corporation, 1900–1930” reminds us of other work written since that sketches the role of professional and state

T. Gieryn

Technology is everywhere, yet a theory of technology and its social dimension remains to be fully developed. Building on the influential book The Social Construction of Technological Systems, this volume carries forward the project of creating a theory of technological development and implementation that is strongly grounded in both sociology and history. The 12 essays address the central question of how technologies become stabilized, how they attain a final form and use that is generally accepted. The essays are tied together by a general introduction, part introductions, and a theoretical conclusion.

Elizabeth Sepper, D. Dinner

Harry Halpin, Valentin Robu, Hana Shepherd

Cenap Çakmak

P. Carrara, M. Ambati, R. Alessi et al.

Abstract A novel variational framework to model the fatigue behavior of brittle materials based on a phase-field approach to fracture is presented. The standard regularized free energy functional is modified introducing a fatigue degradation function that effectively reduces the fracture toughness as a proper history variable accumulates. This macroscopic approach allows to reproduce the main known features of fatigue crack growth in brittle materials. Numerical experiments show that the Wohler curve, the crack growth rate curve and the Paris law are naturally recovered, while the approximate Palmgren–Miner criterion and the monotonic loading condition are obtained as special cases.

T. Hill

B. Enquist, Geoffrey B. West, E. Charnov et al.

Jada Cheek

Johns Hopkins University, Krieger School of Arts and Sciences. Baltimore, MD. Society of Black Alumni Presidential Professor. 2017-present. Professor of History. 2017-present. Professor of the SNF Agora Institute. 2020-present. Director, Hard Histories at Hopkins. 2020-present. University of Michigan, College of Literature, Science and Arts. Ann Arbor, MI. 20012017. Presidential Bicentennial Professor. 2016-2017. Arthur F. Thurnau Professor. 2013-2017. Professor of History and Afroamerican and African Studies. 2015-2017. Associate Professor of History and Afroamerican and African Studies. 2007-2015. Assistant Professor of History and Afroamerican and African Studies. 2001-2007. University of Michigan Law School, Ann Arbor, MI. 2004-2017. Affiliated LSA Faculty. 2010-2017. Visiting Professor of Law. 2008-2017. Visiting Assistant Professor of Law. 2004-2007. Gilder-Lehrman Institute of American History, Summer Teacher’s Institute, NY. 2002-2016. Instructor, Reconstruction: America’s Unfinished Revolution (with Eric Foner). École des Hautes Études en Sciences Sociales (EHESS), Paris, France. 2006, 2007 & 2009. Directrice d’Études Invitée. Barnard College. New York, NY. 2000-2001. Visiting Assistant Professor of History. New School University, Eugene Lang College. New York, NY. 1997-2001 Adjunct Lecturer.

Richard T. Green

Tiago Brandão

The Innovation Delusion: How Our Obsession with the New Has Disrupted the Work That Matters Most (2020), by Lee Vinsel and Andrew L. Russell, presents a blistering critique of the contemporary ideology of innovation, exposing what the authors call «innovation-speak» – a hegemonic discourse that glorifies disruptive change and marginalises the essential work of maintenance. The Innovation Delusion, by Lee Vinsel and Andrew L. Russell, published not many years ago (2020), is among the scholar books one must read, especially for younger generations and policymakers around the world. Many years ago, Steven Shapin (1989) unearthed the role of the technician in modern science. Innovation Delusion does the same for hidden activities in innovation — i.e., activities related to technology and engineering. Maintenance, upkeep and care is the motto behind Vinsel and Russell’s book.

Jan Beránek

Book review on LÖHNIG, M. – MOSZYŃSKA, A. (eds.) Reception of the ‘Limited Liability Company (GmbH)’. Vídeň: Böhlau Verlag, 2024, 284 s.

Charalampos Stamelos

This paper presents reflections of the laws of Romania and a comparison of family law of Romania to Ancient Greek family law. Roman law has left a profound and enduring legacy on the legal system of Romania. The introduction of Roman law in the region began with the Roman conquest of Dacia in 106 AD under Emperor Trajan. This marked the beginning of a period of significant Romanization, during which Roman legal principles, institutions, and practices were extensively implemented. Later, the influence of Byzantine law on Romania is a critical chapter in the nation's legal history, reflecting the cultural and political interactions between the Byzantine Empire and the Romanian principalities of Wallachia and Moldavia. Byzantine law began to permeate the region following the withdrawal of Roman forces from Dacia in 271 AD and continued to shape Romanian legal traditions through the Middle Ages. Further, the Ottoman Empire's dominion over these principalities from the 15th to the 19th centuries introduced a complex interplay between local traditions and Ottoman legal principles. Lastly, family law in Greece from Roman times to the Ottoman era shares several parallels with the evolution of similar laws in Romania, reflecting the broader legal and cultural influences of the region.

J. Constantino, Yi Zhang, T. Frazier et al.

Samuel Moyn

Rabiat Akande's article, “An Imperial History of Race-Religion in International Law,” draws attention to the gap in frameworks of protection from religious discrimination, on the compelling rationale that much contemporary discrimination continues to work through racialization. And she provides a genealogy to show that this gap is not there by accident—it presupposes a specific set of histories that excluded the racialization of religion from protection, because such protection was devised to respond to some kinds of wrongs (especially those of concern to white Christians) rather than others. In this essay, I would like to draw out much more explicitly than she does Akande's momentous point that Jews—racialized by white Christian Europeans—once experienced and fought this very same protection gap. This story is of great historical interest in its own right, but it also redoubles the familiar lesson that colonialism never just ends. Instead, it endures in complex ways and facilitates ongoing cycles of suffering and unfreedom.

Stanisław Krzymkowski

Prawo karne Pierwszej Republiki Czechosłowackiej opierało się na austriackim kodeksie karnym z 1852 r. na terenie Czech i Moraw oraz na kodeksie karnym węgierskim z 1878 r. na Słowacji i Rusi Zakarpackiej. Regulacje tych kodeksów były przez wielu uczonych uznawane za przestarzałe w dobie niepodległej Czechosłowacji. Uchwalono zatem kilka istotnych ustaw reformujących prawo karne, m.in. ustawę o ochronie Republiki z 1923 r., ustawę o sądownictwie nad młodzieżą z 1931 r. oraz ustawę o ochronie czci z 1933 r. Choć zmodernizowały one niektóre elementy prawa karnego, to dziewiętnastowieczne kodeksy pozostały jego podstawą. Przygotowano też dwa projekty kodeksu karnego, jednak nigdy ich nie uchwalono. Poważniejsze reformy były niemożliwe ze względu na brak zainteresowania politycznego, jak również na obawy co do ich kosztów i na czechosłowacki konserwatyzm prawniczy.

L.A. Krasnoborova, М.А. Erypalova

Diachronic translation in the context of modern translation studies allows you to get acquainted with written monuments of past times, as well as their cultural, historical, and social aspects. The object of the study is diachronic translation as a special type of translation. A separate place among the medieval written sources is occupied by the texts of office work and legal proceedings, which initiated the formation of the official business style of the sphere of law in its modern form. One of these written monuments is an ancient official document in Old French by Philippe de Beaumanoir “Coustumes de Beauvaisis” (French “Coustumes de Beauvaisis”). This medieval legal document is the material of the study. The relentless interest in written monuments as keepers of the cultural heritage of the past times determines the relevance of the topic. The translation of official texts in a historical context makes it possible to identify the features of the functioning of terms and concepts in history and their evolution over time. The purpose of the study is to identify the specifics of the diachronic translation of a medieval official document of the 13th century “Coustumes de Beauvaisis” in Old French. At the moment, there is no complete translation of this document into Russian. In this regard, the implementation of the translation of some sections of the document, as well as the identification of the features of diachronic translation, constitute the novelty of the study. In the course of working with the text, the following methods were used: the method of interpretation, translation studies, descriptive and contextual types of analysis which allowed in the process of pre-translation analysis of a text passage to identify the specifics of the use of legal and economic terms, species-temporal verb forms of the past tense, as well as to interpret particular specific situations characteristic of medieval France. As a result, our pre-translation analysis allowed us to choose a translation strategy as lying between imitating archaization and moderate modernization. The interpretation of the linguistic facts of the medieval text contributed to the understanding of the non-linguistic reality of the Old French period and allowed us to recreate the document in the translated language so that it was understandable to our contemporaries.

M. Kacem, W. Bouali, M. Abdelaziz et al.

Introduction The transgression of the law can be a deliberate act by a lucid adult, but it can also be the result of a deficiency in judgment and discernment due to lack of age or insanity. Psychiatric expertises are more and more solicited in the penal field with the objective of identifying the causal link between mental illness and the criminal act. Objectives The objective of this work was to give an overview of the subjects expertised, the offences and the pathologies encountered through the report of a psychiatric expertise activity in criminal law. Methods It is a retrospective descriptive study carried out on the criminal psychiatric expertises made for a forensic act in the psychiatric department of Mahdia during the period from January 1, 2003 to March 30, 2022. Results In total, we collected 101 defendants. The average age of our study population was 35±12.07 years. The majority of our study sample was male (98%), from an urban area (50%). 46.6% had primary education and only 11.2% had higher education. The defendants were single in 57.8% of the cases, and almost half (45.7%) had no occupation. Two-thirds of the accused (61.2%) had experienced emotional deprivation at a young age. The problematic use of psychoactive substances was found in 10.3%, as well as alcohol consumption in 46.6%. Moreover, 39.7% of the patients had a personal psychiatric history and 19% had been incarcerated at least once. The forensic acts were mostly against people (62.9%) dominated by physical aggression (33.6%) followed by homicide or its attempt in 19% of the cases. The majority of patients were not related to their victims (62.1%). The nosographic diagnosis found was a personality disorder in 32.75% of cases, followed by schizophrenic disorders in 22.4% of cases. Conclusions Psychiatric expertise is a useful, complex and noble clinical act. Determining the predictive factors of a possible acting out allows to specify the objectives of interventions aiming at limiting the acts of violence, hospitalizations and incarcerations of patients suffering from mental disorders. Disclosure of Interest None Declared