Showing posts with label nationalism. Show all posts
Showing posts with label nationalism. Show all posts

Saturday, September 20, 2025

Weekend Roundup

  • We have updated information on that inaugural session of "Historicising Jurisprudence," a first-book symposium co-sponsored by the Selden Society and the School of Law, Queen Mary University of London, and co-hosted and co-organised by Maks Del Mar and Michael Lobban.  It will be held on September 30, and devoted to Natasha Wheatley's The Life and Death of States: Central Europe and the Transformation of Modern Sovereignty (Princeton UP, 2023).  Registration and more information is here.  
  • Sara Butler, Ohio State University, discusses her book, Forensic Medicine and Death Investigation in Medieval England (2015) on the Medievialists.net podcast (YouTube).
  • A recording of Dylan Penningroth's talk on his book Before the Movement: The Hidden History of Black Civil Rights at The City Club Forum (ideastream).
  • The historian Joan Wallach Scott recalls the firing of her father, a high school teacher in New York City, during the McCarthy Era  (Boston Review).  
  • A concurring opinion in Alan Dershowitz v. CNN cited Samantha Barbas's article,  “New York Times v. Sullivan: Perspectives from History,” to provide historical context for the ongoing debate over defamation law (Iowa Law).
  • On Thursday evening, Jonathan Turley, George Washington University Law School, and Michael Klarman, Harvard Law School, debated “Is There a Constitutional Crisis? How Would We Know?” at Colgate University.
  • ICYMI: The Desegregation of Local 53 in New Orleans (1969) (BlackPast). The 18th-century legal case that changed the face of music copyright law (WIPO).  John Yoo on the long history of presidential discretion (Law & Liberty).  The Heritage Foundation's Guide to the Constitution.  The entire Constitution is on display for the first time in US history (SmithsonianWTOP; USA9).  The Georgia Historical Society displayed its own rare copy, once owned by the Georgia’s signer Abraham Baldwin (TOC11).

 Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Friday, April 23, 2021

Symposium: The Federalist Constitution

We have already noted some contributions to this excellent symposium issue, The Federalist Constitution, but it has now been published in full as Fordham Law Review 89:5 (April 2021):

Foreword
David S. Schwartz, Jonathan Gienapp, John Mikhail, & Richard Primus

Two Federalist Constitutions of Empire
Gregory Ablavsky

Without Doors: Native Nations and the Convention
Mary Sarah Bilder

President Madison’s Living Constitution: Fixation, Liquidation, and Constitutional Politics in the Jeffersonian Era
Saul Cornell

In Search of Nationhood at the Founding
Jonathan Gienapp

Slavery’s Constitution: Rethinking the Federal Consensus
Maeve Glass

The Federalist Constitution as a Project in International Law
David M. Golove & Daniel J. Hulsebosch

The Unwritten Constitution for Admitting States
Roderick M. Hills Jr.

Article IX, Article III, and the First Congress: The Original Constitutional Plan for the Federal Courts, 1787-1792
Thomas H. Lee

Executive Power and the Rule of Law in the Marshall Court: A Rereading of Little v. Barreme and Murray v. Schooner Charming Betsy
Jane Manners

Equal Footing and the States “Now Existing”: Slavery and State Equality over Time
James E. Pfander & Elena Joffroy

Reframing Article I, Section 8
Richard Primus

The Other Madison Problem
David S. Schwartz & John Mikhail

Presidential Removal: The Marbury Problem and the Madison Solutions
Jed Handelsman Shugerman

–Dan Ernst

Friday, January 1, 2021

Hoffman on Competition Law and Canadian Identity

C.P. Hoffman, FreeState Justice, has posted “The Mother of Combines”: Representations of the United States in Early Canadian Discourse on the Combines Problem and the Formation of Canadian National Identity, which is forthcoming in the Canadian Journal of Law & Society:

Nathaniel Clarke Wallace (wiki)

In late 1887, Canada was swept up in a fervor over the impact and scope of so-called “combines”, a blanket term used to cover price-fixing schemes, pool agreements, trusts, and other cartel and monopoly arrangements. The public debate that ensued ultimately led to the passage in 1889 of the Anti-Combines Act, the world’s first modern competition statute, enacted a year prior to the United States’ more famous Sherman Antitrust Act. But while in this case Canada acted before its neighbor to the south, the United States remained omnipresent in public and parliamentary debates on the combines problem. Canadian discourse referred to the United States in at least four ways during the combines debates: as a benchmark against which the Canadian economy and the combines problem should be judged; as a model for potential legal action, as a potential economic liberator through the power of free trade; and as the very source and propagator or the combines problem. Canadians thus alternately presented the United States as savior or devil, as paragon or antithesis. The result was a paradox of a sort: Canadians borrowed American ideas in order to avoid becoming American.
–Dan Ernst

Thursday, September 12, 2019

Thoughts from the Trenches: How to Make the Longue Durée Manageable


Thoughts from the Trenches: How to Make the Longue Durée Manageable

In 1967, the Lord Chamberlain’s Office refused to license German playwright Rolf Hochhuth’s new play, Soldiers: An Obituary for Geneva, for London’s National Theatre. The play, which decried strategic bombing during WWII, also held Winston Churchill responsible for the death of Polish General Sikorski. Sikorski had led the Polish government in exile and died in a plane accident off of British Gibraltar in 1943. Citing concerns for the Churchill family (Churchill died in 1965), the LCO first hedged on offering the license, then refused it. It would be one of the LCO’s last decisions before the end of theatre censorship in Britain the following year.
The play became the subject of intense external scrutiny for the better part of two years; libel suits stemming from the play extended the debate into the 1970s. The controversy pitted a self-professed new generation of Britons against older board members, a number of whom had not only fought in the war but were personal friends of the Churchill family. Was the play a libel on Churchill’s memory? On the nation and those involved in the war effort? Was personal reputation sacrosanct enough to justify censorship? Whose account of history was even right in the first place? And whose story was this to tell?    
Then Director of the National Theatre, Sir Lawrence Olivier, eventually backed away from the play, though the National Theatre’s Literary Director, Kenneth Tynan, continued as Hochhuth’s champion. Tynan eventually staged the play at another theatre in December 1968. The play ended up being performed in London for only a few months. The Churchill family never sued for libel, but others involved in the account of the crash did. As Tynan’s biographer notes: focused on the end of theatre censorship, Tynan had not taken into account a simultaneous strengthening of the laws of defamation [1].
When heading to London earlier this summer, there was but one single mention of Soldiers in my list of archives to see at the British Library. I knew there was some issue of libel involving Churchill, but nothing more. The case does not feature in accounts of defamation law. Indeed, the Churchill family never sued and, as I have learned since, the suits that were filed did little to influence case law. Yet, the play has quickly become a central example for my project. Beyond its intrinsic narrative interest, the Soldiers controversy enables me to tackle the interrelated threads of a very big project whose scope requires taming. Finding the case was thus something of a relief; but it was a studied find, not just a lucky one. I’ll try to explain what I mean so as to offer some suggestions about managing what can seem like ever-proliferating narrative threads when undertaking a new topic.

*          *          *

For my dissertation and first book, I read every item with “refugee” in the title I could find in the British Library catalogue and in the National Archives at Kew. From there, I worked to establish whom Britons identified as refugees over time as well as key turning points in the use of the category. Zeroing in on these moments, I extended my research on these cases in other archival and periodical sources. The research for Beyond Sticks and Stones has tested this method to the extreme. I could not hope to read everything in the British Library on reputation. How would I even find those pieces? The topic is simply too large and nebulous. What nineteenth-century novel does not hinge on matters of reputation or attempts to know character? All court cases involve “libels” – or charges. “Defamation” itself regularly refers to attacks on personal character, and seditious, blasphemous, and obscene libel. So, what to do…?  For me, the answer lies in sampling primary material early and, through those early samples, establishing initial patterns and breaking the project into more manageable pieces.

Once I had my initial research question -- What shaped the quasi-right to personal reputation? -- I began to build my bibliography and to read the secondary literature on defamation and reputation. While this is critical, to be sure, secondary reading cannot be done in isolation from primary material when defining a topic of one’s own. I start with a patch of evidence that I hope will help to establish the parameters of my subject, seeing how contemporary actors wrote about it, not just scholars in the years since.

1.     Sampling. Unable to read everything on reputation, I began with a sample from the Times of London. Over several months, I read all editorials and correspondence with the keywords “defamation,” “slander,” “libel,” “calumny,” and “reputation” between 1785, when the newspaper began, and the present. This task familiarized me with the major controversies over reputation over the past two hundred and fifty years, when the defense of reputation became a topic worthy not just of law reports, but of mainstream public commentary. I could derive from this a working timeline as well as basic patterns of debate.    

2.     The Fields of Scholarship. There are histories of the defense of reputation, but they are piecemeal. In British history, one finds key elements in accounts of privacy, celebrity, scandal, and of the media more generally. Even in the few legal histories of defamation, authors have tended to separate out different elements. We have books on obscene libel and on blasphemy, as well as a large literature that examines seditious libel and radical reform. Within the few texts on personal defamation, chapters tend to take aspects like fair comment, slander, and damages to write about their evolution separately. Sampling primary material helps, I find, to see better which seemingly separate swatches of scholarship are actually part of the same broader public conversation. This work itself ramifies, of course. I did not know when I first read that subset of Times commentary in 2016 that by 2019 I would need to track down literature on the Lord Chamberlain’s Office.

3.     Making Selections, Establishing Core Points. The task of the historian is not that of the chronicler and it shouldn’t be, even if the list of patterns and key moments were well-behaved enough that they could be included in a single volume. We seek explanations of change over time. I only half tease my students that they need to ban the words “also,” “additionally,” “furthermore” and so on – the connectors that so often stand in for stepping back to make a coherent argument. To change history by narrative accretion into history as explanation, the task is to organize chapters around the core episodes that move the argument along thematically and chronologically. This takes time and, for me, usually involves writing through several cases at a time, brainstorming comparisons along the way to help forge a compelling argument from a list of cases, points, or threads. I still remember vividly the day I first read about the Fugitive Slave Circulars for my dissertation in the summer of 2005. The contest over these Circulars crystallized issues of right, intervention, humanitarian need, and the very nature of life in British asylum and helped furnish a key turning point in my account of modern refuge. I had a hunch that I could use the material as a tool for thinking through the project as a whole. Indeed, I used it as one of my earliest conference papers and, later, for fellowships and the job market. It is still early, but the 1967-1968 question of whether to stage Soldiers feels like it has similar promise. 

Notes:

[1] Dominic Shellard, Kenneth Tynan: A Life (New Haven: Yale University Press, 2003), p. 314. 

--Caroline Shaw

Thursday, February 15, 2018

White on Rhodesia & African decolonization

Out with the University of Chicago Press' Law and Society series, we missed this one when it appeared in 2015. Luise White (University of Florida) has published Unpopular Sovereignty: Rhodesian Independence and African Decolonization. From the press:
Unpopular Sovereignty: Rhodesian Independence and African Decolonization by White, Luise (2015) PaperbackIn 1965 the white minority government of Rhodesia (after 1980 Zimbabwe) issued a unilateral declaration of independence from Britain, rather than negotiate a transition to majority rule. In doing so, Rhodesia became the exception, if not anathema, to the policies and practices of the end of empire. In Unpopular Sovereignty, Luise White shows that the exception that was Rhodesian independence did notin fact, make the state that different from new nations elsewhere in Africa: indeed, this history of Rhodesian political practices reveals some of the commonalities of mid-twentieth-century thinking about place and race and how much government should link the two.  
White locates Rhodesia’s independence in the era of decolonization in Africa, a time of great intellectual ferment in ideas about race, citizenship, and freedom. She shows that racists and reactionaries were just as concerned with questions of sovereignty and legitimacy as African nationalists were and took special care to design voter qualifications that could preserve their version of legal statecraft. Examining how the Rhodesian state managed its own governance and electoral politics, she casts an oblique and revealing light by which to rethink the narratives of decolonization.
Praise for the book:

“This is a thorough, comprehensive, and well-researched book that will be the essential starting point for the reconsideration of Zimbabwe’s recent history and historiography. A sharply acute and very readable study that resets the foundations for the understanding of Rhodesia’s Unilateral Declaration of Independence in 1965, it sets the events surrounding and following UDI in the context of African decolonisation and in their international context. With fascinating accounts of the constitutional machinations and the regime of economic sanctions and its failures, it is unrivalled as a rich resource for the period based on a very wide range of sources.” -Martin Chanock

“White’s Unpopular Sovereignty is a groundbreaking contribution to studies of decolonization. She places the seemingly anomalous history of Rhodesian independence within the decolonization of the rest of Africa. This is combined with a reanimation of the history of the ‘high politics’ of late colonialism by incisive accounts of the effects of various franchise commissions and experiments at constitution writing. The result is one of the most decisive challenges to linear versions of decolonization: of Rhodesia-into-Zimbabwe, to be sure, but also, more broadly, of colonies into nation-states. Written with characteristic brilliance, verve, and wit, Unpopular Sovereignty will become indispensable reading for scholars of colonialism and of the postcolonial world.” -Mrinalini Sinha

“Set in the late-colonial context of decolonization in Africa, this masterful book demonstrates that sovereignty does not flow in a linear fashion and according to preordained coordinates; and, that its predicates and foundations—political autonomy and self-government, on the one hand, and political identity and subjectivity, on the other—abide time and space in unpredictable ways. Relating the arguments to contemporary Zimbabwe, White demonstrates once and for all that the nature of sovereign power or associated political processes and outcomes are better understood through the manners in which shifting terrains of global, regional, and local alliances shaped the interests and the terms of the quest for power for protagonists—white minorities and so-called native populations alike. This is a truly impressive intervention in the historiography (and theory) of decolonization in Zimbabwe that holds significant insights for accounts of postcolonial sovereignty everywhere. Simply wonderful and a joy to read.” -Siba N'Zatioula Grovogui

Further information is available here

Thursday, December 14, 2017

Sen on Terra Nullius in the Andamans

Uditi Sen, Hampshire College has published "Developing Terra Nullius: Colonialism, Nationalism, and Indigeneity in the Andaman Islands" in Comparative Studies in Society and History 59:4 (2017), 944-73. Here is the abstract: 
This article explores the legal structures and discursive framings informing the governance of one particular “backward” region of India, the Andaman Islands. I trace the shifting patterns of occupation and development of the islands in the colonial and postcolonial periods, with a focus on the changes wrought by independence in 1947 and the eventual history of planned development there. I demonstrate how intersecting discourses of indigenous savagery/primitivism and the geographical emptiness were repeatedly mobilized in colonial-era surveys and postcolonial policy documents. Postcolonial visions of developing the Andaman Islands ushered in a settler-colonial governmentality, infused with genocidal fantasies of the “dying savage.” Laws professing to protect aboriginal Jarawas actually worked to unilaterally extend Indian sovereignty over the lands and bodies of a community clearly hostile to such incorporation. I question the current exclusion of India from the global geographies of settler-colonialism and argue that the violent and continuing history of indigenous marginalization in the Andaman Islands represents a de facto operation of a logic of terra nullius.
Further information is available here

Thursday, December 7, 2017

National History Center Panels at AHA (and a Landmark LHB Post)

The National History Center yesterday sent out a list of its panels at the Annual Meeting of the American Historical Association next month in Washington, DC.  Links to the sessions are here.

Thursday, January 4
Understanding the Past to Plan the Future: Historical Inquiry and Philanthropic Grant-Making
History and Public Policy Centers: A Roundtable Discussion

Friday, January 5
The End of the Palestine Mandate
What Does Brexit Mean for British History?
Documenting the History of the First Federal Congress
Remembering Marilyn Young, Activist Historian: A Memorial Panel

Saturday, January 6
Federal Government Historians and the Public
The Possibilities and Pitfalls of Big History (AKA Big History Meets the History of Science)
Executive Orders and Presidential Power since FDR
(credit)
NHC Reception

Sunday, January 7
Nationalism: Notions and Practices

[Cue the confetti: This is the 10,000 post on Legal History Blog!]