Documents found
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3291.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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3292.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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3293.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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3294.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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3295.
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3297.
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3298.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.
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3299.More information
This essay investigates an important stock scene of female peril and suffering from Victorian melodrama that I am calling the penitent woman tableau. I argue that this highly iconographic staged moment, where a sexually fallen daughter, fiancée, or wife sinks to her knees in remorse at the sight of the father, lover, or husband she has betrayed, derives its emotional energy and cultural force less from its representation of feminine terror and more from its equivocal portrayal of masculine authority. The penitent woman tableau spotlights a tense moment where violence against a woman could occur but doesn't; it is a performance of masculine power where the man's physical force is implicitly available but never literalized. Both visual artists and writers of the Victorian period were drawn to this scene, which I believe fascinated audiences because it spotlights the difficulty of representing masculine mastery in a society increasingly skeptical of physical force as a desirable means of domestic discipline. By examining the penitent woman tableau across several Victorian media and literary genres, including painting, poetry by Alfred Tennyson, and fiction by Charles Dickens, William Makepeace Thackeray, and Joseph Conrad, I not only attempt to enrich our understanding of the unstable nature of masculine authority within the middle-class mid-Victorian family but also to illuminate the ways in which melodramatic conventions were crucial to the exploration of this urgent social question. Melodrama, often thought of as both feminine and conservative, offers a surprisingly complex depiction of masculinity within the penitent woman tableau.
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3300.More information
This paper is an attempt at the refutation of certain fallacies, which have gained a wide currency in legal and criminological thinking. These fallacies are the following. First, the mistaken interpretation of universal statements such as « Any person condemns murder » as the expression of a cross-cultural consensus about the blameworthiness of a certain type of behaviour ; such statements, it is argued, are mere tautologies reflecting the cogency of our linguistic customs. Second, the erroneous belief that criminology can dogmatically account for the sum of the facts which appertain to its field of study, by means of a single, all-encompassing explanation ; arguments are given fo show that the fate of criminological studies is fragmentation. Third, it is argued that the criminal justice system should be conceived as an apparatus for social provocation rather than as institutionalized social reaction. Fourth, it is pointed out that we must draw an unambiguous distinction between the legal notion of a sentence and the intuitive notion of punishment ; stressing this difference leads the author to compare briefly the main tenets of what he respectively calls dogmatic and sceptical criminology. Finally, the necessity to recognize as separate issues the justification and the allocation of criminal sanctions is proven and it is shown how the penal fascination with capital punishment is responsible for blurring the distinction between these issues.
Keywords: Système de justice criminelle, sanction criminelle, pensée légale, pensée criminologique, peine capitale, Criminal justice system, criminal sanction, legal thinking, criminological thinking, capital punishment, Sistema de justicia criminal, sanción criminal, pensamiento legal, pensamiento criminológico, pena capital