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Journal Article
History of the Present (2018) 8 (1): 1–3.
Published: 01 April 2018
...Marianne Constable; Sylvia Schafer Copyright © 2018 University of Illinois Press 2018 This content is made freely available by the publisher. It may not be redistributed or altered. All rights reserved. Introduction: Law at the Intersection ofHistory and Theory Marianne Constable...
Journal Article
History of the Present (2018) 8 (1): 4–28.
Published: 01 April 2018
...Martti Koskenniemi Law ofNations and the "Conflict ofthe Faculties" Martti Koskenniemi Histories of international law rarely engage with what experts-teachers and practitioners-feel to be the existential insecurity ofthe field. Is there such a thing as international law? What sort ofthing...
Journal Article
History of the Present (2012) 2 (2): 200–218.
Published: 01 October 2012
...Carole S. Vance Innocence and Experience: Melodramatic Narratives ofSex Trafficking and Their Consequences for Law and Policy Carole S. Vance The increasing prominence oftrafficking intoforced prostitution as a global social problem has resulted in a flood ofpopular and official representations...
Journal Article
History of the Present (2018) 8 (1): 29–56.
Published: 01 April 2018
...Shai Joshua Lavi Copyright © 2018 University of Illinois Press 2018 Our Food is Our Bond: A History of Jewish and Muslim Animal Slaughter and Post-Christian Social Science ShaiJoshua Lavi Introduction According to a generally accepted, albeit at times controversial etymol­ ogy, the terms law...
Journal Article
History of the Present (2018) 8 (1): 88–116.
Published: 01 April 2018
..., remain uncharted. This word was "inter­ national:' Coined by Jeremy Bentham, international named a new branch of law that had until then been represented under the term "law ofnations; or iusgentium, the legal tradition associated with natural law. This new coinage corresponded to Bentham's broader...
Journal Article
History of the Present (2017) 7 (2): 197–218.
Published: 01 October 2017
... ought inherently to be of concern to the state.4 Indeed, moralizing judicial rhetoric disavows the practice, describing it as spiritually bankrupt,5 bad for women,6 unjustifi­ able either "in the eye of religion or the law",7 and a "monstrosity.8 Yet in 2013 , I learned from a Delhi family court judge...
Journal Article
History of the Present (2014) 4 (1): 75–96.
Published: 01 April 2014
... before Calderon's torture, British Trinidad retained Spanish law due to the terms of capitulation. When Calderon cried out and confessed, she did so in her native Spanish; when Picton was tried before King's Bench, he appeared as an officer of Spanish law, his culpability hinging on the legality...
Journal Article
History of the Present (2020) 10 (1): 84–100.
Published: 01 April 2020
... officially disavowed in Ethiopia since the 1974 revolution, which brought to power the Marxist-Leninist military junta known as the Derg, most laws in the country remain significantly influenced by a fifteenth-century document called the Feteha Negest (FN). This stems from the incorporation of legal...
Journal Article
History of the Present (2013) 3 (2): 212–219.
Published: 01 October 2013
..., even if not yet authoritatively, that legally defining the marriage contract as exclusively between "a man and a woman" cannot withstand even the terribly low threshold of "rational basis review:'1 In the space of a generation the law has moved from viewing same- sex marriage as being unthinkable...
Journal Article
History of the Present (2016) 6 (1): 1–31.
Published: 01 April 2016
... of the law or before the book of lessons.8 While that operation has taught us much, and we've learned it well, it has also, however inadvertently, blurred the profitable calculations against such a life. One canbegin to readthatmath inthis essay's opening testimonies, in the receipt for Jake Dunwoodie's...
Journal Article
History of the Present (2019) 9 (2): 217–232.
Published: 01 October 2019
... youcan.find stories-come into the sanctuary. This is your tradition, you should do it. I initially said No. I said, Here we have modern laws and rights. But they said, We think you should. I said Okay, I'll discuss it with my members of council. I lived with myfamily here-one night they knocked. I opened...
Journal Article
History of the Present (2015) 5 (1): 1–30.
Published: 01 April 2015
... article.2 According to Chandler, those individuals "who break a law have a duty to submit to punishment; at least ifthey want the world to see their actions as civilly disobedient rather than merely and mundanely criminal.3 Arrest and punishment thus function as the sine qua non of civil disobedience...
Journal Article
History of the Present (2022) 12 (1): 4–33.
Published: 01 April 2022
... the myth of Oedipus, the man who (unwittingly) had sex with his mother and killed his father and thus broke the law and inaugurated it at once. Hortense Spillers proposes that in place of this myth, we might turn to a historical event as the locus of the foundational psychic and cultural structuring...
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Journal Article
History of the Present (2015) 5 (2): 109–136.
Published: 01 October 2015
... the assertion ofthe Declaration ofi793-"all men are equal by nature and before the law"-define a metahistorical content but rather one that is political and historical.2 Affirming that men areequal by naturemeans reinventing nature in two different ways. On the one side, ancient privileges cannot be justified...
Journal Article
History of the Present (2019) 9 (2): 142–165.
Published: 01 October 2019
... offinancial lives left intestate by a spouse's absence or passing. Yetfemescovert were tasked with positive financial roles inthis era aswell. Under the law ofcoverture, marriage dispossessed women ofthe power to engage in credit contracts. Even those who traded on credit accounts with merchants did so...
Journal Article
History of the Present (2018) 8 (1): 57–87.
Published: 01 April 2018
... how "law, regarded by the West as its most respected and cherished instrument ofcivilization, was also the West's most vital and effective instrument ofempire during its genocidal conquest and colonization of the non-Western peoples of the New World, the American Indians:u, Indeed, multiple histories...
Journal Article
History of the Present (2012) 2 (1): 52–70.
Published: 01 April 2012
... ofthe political and ofsovereignty as well, and by this means acknowledging ikhtilafas the foundation oflegitimacy for different groups in the community. Ijma ': From Customary Practice to Juridical Category Ijma ' is usually presented as a legal category found at the basis ofIslamic religious law...
Journal Article
History of the Present (2016) 6 (1): 87–103.
Published: 01 April 2016
... the human sciences lost their "scientific" standing and were termed the " humanities:'4 This linguistic move led aspiring and emerging scholars to develop themselves as "social scientists;' emulating and advo­ cating the nomothetic or general laws of the " hard sciences: History as a discipline found...
Journal Article
History of the Present (2020) 10 (2): 209–235.
Published: 01 October 2020
... to their understanding of the necessary distinction between revolution and civil war. The civic order presupposes moeurs that are civil, not curial. This is why the social transformation had to be profound. Civil institutions would be the means of modifying deeply engrained values, customs, and habits where the laws...
Journal Article
History of the Present (2022) 12 (1): 34–59.
Published: 01 April 2022
... by legacies of dispossession, slavery, and exclusion haunting the foundations of US law and society. In this section, I focus on the history of the traumatized subject—on how psychoanalytic and legal accounts of traumatized subjects converge and diverge to affirm particular victims and perpetrators, while...
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