Documents found
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3291.More information
AbstractNot unlike the inexplicable phantasm, the Gothic novel has appeared to materialize from nowhere. Few critics have been able to explain why Gothic novelists were fixated upon the tropes of persecution, oppression, and the reclaimed birthright or why indeed they sought to resurrect a seemingly regressive, escapist folk-tale-like form despite the success of the "realistic" novels of Fielding, Richardson, and Smollett. Even fewer have been able to explain why Gothic novelists displayed so much awareness of gender issues before the publication of Mary Wollstonecraft's Vindication of the Rights of Woman in 1792. This essay begins by taking a rare glimpse into British reformist discourses of the late eighteenth century, focusing on contemporary allegations of incipient despotism and the widened appeal for universal (male) enfranchisement while also examining the new populist discursive strategies deployed by reformist writers. It demonstrates how the central themes and discursive strategies of Gothic novels from 1770 through 1800 conform to those found in contemporary reformist writing despite their lack of overt references to politics. On a larger scale, this essay shows how political discourse affects the shaping of literary genre and, conversely, how genre affects the shaping of political discourse in the rise of the so-called public sphere.
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3292.More information
In November 2017, the British Columbia Court of Appeal (BCCA) published its decision in the case Araya v. Nevsun Resources, dismissing the appeal filed by Nevsun, and allowing the lawsuit to move forward to the merits stage of the procedure. This decision was ground-breaking since the plaintiffs were suing Nevsun Resources, a Canadian mining company, for its alleged complicity in the use of forced labor, slavery, torture, inhuman or degrading treatment, and crimes against humanity at the Bisha Mine in Eritrea, a mine belonging to Nevsun. In its decision, the BCCA rejected the three main arguments put forward by Nevsun to get the case dismissed: (1) the forum non conveniens doctrine; (2) the Act of State doctrine and (3) the lack of private law cause of action against corporations for the violations of customary international law principles. In this context, this article offers an analysis of the most significant cases brought before Canadian Courts in regard to Canadian mining companies' corporate social responsibility. It also relies on two influential cases from the U.S. Supreme Court: Kiobel v. Royal Dutch Petroleum and Jesner v. Arab Bank. Finally, it looks at the common challenges faced by foreign victims when they seek to bring lawsuits against transnational corporations and it briefly suggests that common law courts should adopt a new duty of care to address businesses' corporate liability for violations of human rights.
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3293.More information
This article tests the hypothesis that language law decisions of the Supreme Court of Canada, which have been less generous to linguistic minorities since the early 2000s, are related to the coming to power of Stephen Harper's Conservative government, which was generally more resistant to a liberal application of the Canadian Charter of Rights and Freedoms. Through an analysis of three variables, namely the Harper government's support for official languages, the predictive power of the dominant political party on the ideology of judges in Canada, and the Harper government's numerous setbacks at the Supreme Court in other Charter litigation, the paper will argue that one cannot infer such an influence of the Harper government on the Supreme Court of Canada's decisions in the area of language law.
Keywords: Cour suprême du Canada, minorités, francophonie canadienne, Stephen Harper, droits linguistiques, langues officielles, Charte canadienne des droits et libertés, Supreme Court of Canada, minorities, Canadian Francophonie, Stephen Harper, language rights, official languages, Canadian Charter of Rights and Freedoms
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3294.More information
AbstractThis paper is concerned with the spectacular rise of mass tourism in the small town of Lijiang on the Sino-Tibetan frontier. The author is an anthropologist with 18 years experience in the region, and presents the essay as an ethnographic reflection on the economic and cultural dimensions of the tourism encounter between local Naxi natives and Han and non-Chinese “others”. Despite massive infusions of tourist wealth, some locals are little better off than they were 20 years ago, and for others tourism has led to an intensification of social and ethnic cleavages. Of particular interest are the changing images of “Naxiness” produced in the encounter for tourist consumption, and the ways in which the images become important in the refiguring of Naxi identities.
Keywords: McKhann, tourisme, ethnicité, Chine, Naxi, McKhann, tourism, ethnicity, China, Naxi
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3295.More information
AbstractWorkers in revolutionary Paris did not show the class consciousness nor, with certain exceptions, the organizational skills of the workers' movement after 1830. Nevertheless, an analysis of eighty-five recorded labour disputes proves labour protest to have been a significant form of protest in the capital between 1789 and 1799. Sans-culotte unity has been exaggerated, and wage-earners articulated demands (principally for higher wages) that set them apart from the master-craftsmen and shopkeepers who directed the sans-culotte movement. The response of the authorities to labour unrest was often hesitant and contradictory, and the repressive Le Chapelier law of 1791 was in fact rarely invoked.
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3296.More information
AbstractAlthough formally considered a crime, the duel became increasingly common in Latin America through the late nineteenth and early twentieth centuries, especially among the political class, the very people charged with writing, interpreting, and enforcing the laws. The contradiction was not lost on contemporaries, who saw the impunity of duelling as a serious problem and debated how best to overcome the gulf between law and practice. This article looks at the arguments for and against the criminalisation of the duel, and shows how the debate raised far more fundamental questions about the role of law in a modernising society.
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3297.
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3299.
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3300.More information
AbstractThe pre-eminent figure in mid-Victorian psychological medicine, Dr. John Conolly had his reputation damaged in the 1850s by scandals linking him to cases of wrongful confinement, including one that figures in Charles Reade's novel, Hard Cash. This essay looks at two major works Conolly published during the scandals and argues that they are responses to the charges against him. Both works focus on representations of insanity in art, rather than actual patients. “The Physiognomy of Insanity” (1858-59) is a series of essays on photographic portraits of asylum patients, and his essays prove to be more fictional than factual. A Study of Hamlet (1863) looks at the ambiguity of madness in Shakespeare's portrayal of Hamlet, but it explains how Conolly understood the relationship between fact and fiction in cases of insanity. In both works, Conolly defends himself as an aesthete and defines his diagnostic method as a deliberate and necessary form of impressionism.