A Falling Out: The Relationship Between Oliver Wendell Holmes and Theodore Roosevelt

Theodore Roosevelt is often credited with founding and shaping the modern American presidency. With his appointment of Oliver Wendell Holmes to the Supreme Court of the United States, Roosevelt also set in motion a force that would transform the judiciary. However, it did not go as Roosevelt had planned. Holmes' refusal to conform to Roosevelt's desires in Northern Securities Co. v. United States demonstrated that Holmes was his own man and not Roosevelt's instrument. The decision brought an abrupt halt to what had been becoming a close friendship between the two men. Over the years the rift deepened. The bitterness that grew between them reflected more than a difference of opinion over law and economic principles; it reflected the type of disillusionment that comes only when a friend fails to live up to expectations.     

Dr. Oliver Wendell Holmes on phrenology: Debunking a fad

ABSTRACT

Oliver Wendell Holmes, Sr. (1809–1894) was a Boston physician, a professor of medicine at the Harvard Medical School, and a writer of prose and poetry for general audiences. He was also one of the most famous American wits of the nineteenth century and a celebrity not bashful about exposing costly, absurd, and potentially harmful medical fads. One of his targets was phrenology, and the current article examines how he learned about phrenology during the 1830s as a medical student in Boston and Paris, and his head-reading with Lorenzo Fowler in 1858. It then turns to what he told readers of the Atlantic Monthly (in 1859) and Harvard medical students (in 1861) about phrenology being a pseudoscience and how phrenologists were duping clients. By looking at what Holmes was stating about cranioscopy and practitioners of phrenology in both humorous and more serious ways, historians can more fully appreciate the “bumpy” trajectory of one of the most significant medical and scientific fads of the nineteenth century.     

From ‘Relief’ to ‘Justice and Protection’: The Maintenance of Deserted Wives,British Masculinity and Imperial Citizenship, 1870–1920

In the early twentieth century, local British poor law guardians’ concerns with the maintenance of deserted and neglected families were transformed into imperial, and later transnational, policy promoting justice for abandoned wives and children. Both local court cases concerning maintenance and policy debates at the national and imperial levels reveal the ways in which a breadwinner model of masculinity shaped maintenance policy and practice. Although the maintenance problem was framed differently by local welfare providers and imperial heads of state, concerns about welfare costs and human rights intersected in the figure of the irresponsible male citizen, who challenged the dominant model of British/imperial masculinity by refusing to maintain his wife.     

The Death of Frank Wilson: Race,Crime, and Punishment in Post-Civil War Pennsylvania

In 1877, Frank Wilson, an African American man, was executed for murdering a white tramp in Harrisburg, Pennsylvania. This article examines the trial, punishment, and press reporting of the case in the evolving context of race and criminal justice in post-Civil War Pennsylvania. It presents three main findings. First, it documents evidence of racial discrimination and wildly disproportionate rates of African American arrest and imprisonment in Harrisburg and surrounding counties comparable to earlier research focused on the largest northern cities. Second, it shows that views on law enforcement were diverse within both white and black communities and shaped by the exigencies of local and national party politics. Third, it makes the case that African American experiences of law enforcement in northern states are better understood as part of a national criminal justice culture than in distinctively regional terms.     

From Algerie Francaise to France Musulmane: Jacques Soustelle and the Myths and Realities of 'Integration', 1955-1962

This article explores the rise and fall of the notion of intégrationas a means of resisting pressure for decolonization in Algeria,focusing on the work of Jacques Soustelle, the eminent ethnologistand Gaullist politician who was Governor-General in Algeriafrom 1955 to 1956. Soustelle’s integration plan was avision developed in Algeria, and its diffusion in France andadoption by a number of diverse groups in the metropole canbe seen as an important case of Algerian influence on Frenchpolitical and intellectual life. The network of Algériefrançaise sympathizers and movements which adopted integrationas their watchword is examined, demonstrating how integrationtook on almost mythical qualities and appealed to figures fromacross the political spectrum. The article also suggests thatintegration can be seen as a contribution to our understandingof the role that a vision of a multiracial and multiculturalgreater France played in the policy and rhetoric of some advocatesof Algérie française.     

The Archaeology of Global Encounters Viewed from Banda, Ghana

West African societies have long been enmeshed in interregional, subcontinental, and intercontinental relations. Documents tell us little about how local life was shaped by its intersection with global processes, especially in coastal hinterlands. In this paper I report on archaeological investigations into the changing contours of local life in the Banda area of west central Ghana over the past seven centuries. Excavations at three temporally distinct occupations on two sites—Makala Kataa and Kuulo Kataa—document changes in settlement, craft production, subsistence, and exchange, providing insights into the dynamics of local life during a period of expanding global networks. A concluding section addresses why this type of research is important for our understanding of ancient African societies. Les sociétés Ouest Africaines sont depuis longtemps parties prenantes dans les relations inter-régionales, sous-continentales et inter-continentales. Les documents ne nous disent pas grand chose sur la manière dont la vie locale a été façonnée par cette interaction avec les processus mondiaux, particulièrement dans les arrières pays côtiers. Dans cet article, je rends compte des recherches archéologiques concernant les changements dans la vie locale intervenus dans la région de Banda au centre ouest du Ghana au cours des sept derniers siècles. Les fouilles dans trois occupations temporellement distincts sur deux sites—Makala Kataa et Kuulo Kataa—mettent en évidence les changements dans l'occupation, la production artisanale, les modes de subsistances et les échanges, donnant un aperçu des dynamiques de la vie locale durant une période d'expansion des réseaux mondiaux d'échange. La conclusion aborde les raisons pour lesquelles ce type de recherche est important pour notre compréhension des anciennes sociétés africaines.     

Augustine on Justice: A Reconsideration of City of God,Book 19

I argue that Augustine’s message in City of God, Book 19, has been consistently misinterpreted and hence a vital part of his argument in City of God has been misunderstood. The received reading of Book 19, as found in the work of Mary Clark, Rowan Williams, John Milbank, Oliver O’Donovan and Robert Dodaro, is that in Book 19 Augustine rejected the possibility of finding social and political justice among pagans. I argue that Augustine reached no such conclusion in Book 19. On the contrary, I find that the only justice that Augustine denied to pagans in Book 19 was justice as righteousness, that is, the justice of worshipping and serving the true God. He found that pagans claimed justice as righteousness for themselves and on this basis claimed that Rome had been a republic. Augustine denied that pagans could ever possess justice as righteousness, and hence denied that pagan Rome had ever been a republic.     

F. S. Oliver, Alexander Hamilton, and the 'American Plan' for Resolving Britain's Constitutional Crises, 1903-1921

Frederick Scott Oliver was a Scottish businessman, writer, politicalpundit, and friend of many leading Conservatives. Distressedby the serious constitutional problems confronting Britain atthe turn of the century, he proposed solutions based on theideas and methods of the founders of the United States of Americain the late eighteenth century. These notions were set forthin Oliver's biography, Alexander Hamilton (1906), and helpedinspire the constitutional settlement brought by Milner's ‘kindergarten’in South Africa in 1910. Subsequent attempts by Oliver and hisRound Table associates, however, to implement this ‘AmericanPlan’ to resolve constitutional crises over Ireland justbefore and during the course of the First World War were largelyfutile. Austen Chamberlain and others failed to share Oliver'senthusiasm for such idealistic nostrums as constitutional conventionsand federalism as possible means to maintain unity within Britainand the empire. They were regarded simply as too American.     

The Moral Theologian,Oliver O'Donovan and International Law

Abstract

Oliver O'Donovan renders a singular contribution to the theory and history of international law by identifying the spiritual impoverishment of the discipline following the triumph of state-centred contractarianism in the theory of international relations, with Hobbes, Locke, Kant and, for the present, John Rawls. This contractarian approach to international society has an inherent tendency, which O'Donovan highlights, to ground international order in the hegemonic claim of one or two countries to represent the values of the whole of humanity. With a combination of rational moral theology and biblical interpretation (Revelation), O'Donovan reasserts an international order grounded in the autonomous identities of the nations, which God has recognized as equal. With a theory of political legitimacy which rests upon representation of national identity, O'Donovan points the way to an international order based upon mutual respect among nations under natural law, in the classical medieval sense finally represented by Grotius and Suarez. This article describes again what the natural law tradition meant in the hands of Aquinas and Vitoria, in order to highlight the fact that the ontological dimension of natural law theory provides a way to meet the intolerable insecurities which theories of nationalism appear to generate. Then the article goes on to offer one way to bring natural law thinking up to date for contemporary audiences by drawing upon Paul Ricoeur's phenomenological theory of mutual recognition and respect among the nations as a way of going beyond the contractarian tradition in contemporary international law and relations theory.     

Representation and knowledge in the prehistoric rock art of Africa

This study proposes that prehistoric rock art in Africa represents aspects of the natural and social environment which are aesthetically charged, for practical and symbolic reasons, and which are also problematic, in specific ways, for ordinary, untutored perception. Rock art functions as a medium of communication in three principal contexts. It refers to an extended network of ritual acts and beliefs, to out-of-the-ordinary perception and knowledge, and to adaptively significant local information. Rock art is therefore a particular, specialized instrument of the production process. Investigating the study of prehistoric art from art historical, archaeological, and anthropological points of view, the paper examines the ways in which the original contexts of function or meaning might be reconstituted, given the special nature and constraints of graphic representation as a mode of knowledge. Three major traditions of prehistoric rock art in Africa, the Sahara, Nile valley, and southern, are the focus of discussion and source of examples. The paper takes as a general theme the feasibility or possibility of an adequate archaeology of prehistoric knowledge.

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Résumé La présente étude propose que l'art rupestre préhistorique en Afrique représente des aspects du milieu naturel et social, exprimés de façon esthétique pour des raisons pratiques et symboliques, et qui présentent aussi des problèmes particuliers face à une perception non instruite. L'art rupestre sert de moyen de communication dans trois contextes principaux: il fait allusion à un réseau compliqué de croyances et d'actes rituels, à une perception et à des connaissances hors de l'ordinaire et à des renseignements locaux affectant l'adaptation. L'art rupestre figure donc comme instrument particulier et spécialisé dans le processus de production. En vérifiant l'étude de l'art préhistorique des points de vue historique, archéologique et anthropologique de l'art, l'article examine les façons selon lesquelles les contextes originaux de la fonction ou la signification pourraient être reconstitués, selon la nature et les contraintes spéciales de la représentation graphique comme genre de connaissance. La discussion se centre sur trois traditions principales d'art rupestre préhistorique, celles du Sahara, de la vallée du Nil et de l'Afrique du Sud, d'où sont aussi tirés les exemples. L'article a pour thème général la possibilité d'une archéologie mieux adaptée à la reconstruction des modes de connaissance préhistorique.

     

The Cold War, the US Bureau of Reclamation, and the technopolitics of river basin development, 1950–1970

This paper examines the links between Cold War geopolitics and economic development to explain the relatively rapid proliferation of the concept of river basin development throughout so-called “developing areas” of Asia, the Middle East, Africa and Latin America during the latter half of the twentieth century. The research focuses on the United States Bureau of Reclamation, the most significant water resource development agency of the US government, and its engagement in what it termed “foreign activities” beginning in the aftermath of World War II. Grounded in recent work on technopolitics, the constructed scales of water resource development, and histories of the “global” Cold War, this research examines the advancement of water resource development in the Litani River basin in Lebanon—as guided by staff of the US Bureau of Reclamation—during the period from 1950 to 1970. The Bureau operated as a geopolitical agent attempting to implement a universalized model of river basin development, but encountered continuous difficulties in the form of political and biophysical contingencies. The Bureau’s efforts, centred on the basin as the most appropriate unit of development, were consistently undercut by scale-making projects related to global and regional geopolitical concerns. The research concludes that understandings of the technopolitics of development interventions would benefit from a closer engagement with recent discussions regarding the construction of spatial scale within political geography and related fields. River basin development and its material transformation of multiple locales remains one of the largely neglected, but vitally important, legacies of Cold War geopolitics.     

‘Dominion over palm and pine’: the British Empire forestry conferences, 1920–1947

During the first half of the twentieth century British imperialists invested ardent hopes in the emergence of a self-sufficient, competitive Empire. World War 1 focused some of those aspirations on the progressive management of forest resources, and in 1920 the UK launched a series of British Empire Forestry Conferences in pursuit of that aim. An uneven, intermittent exchange attempted to address the complexities of imperfectly understood cultural, economic, environmental, political, scientific, social and technical change, the pressure of extra-imperial influences, and the independent trajectories of ambitious settler Dominions. The Depression and World War 2 also entered the dynamic, severely testing the foresters' achievements and their resolve. From today's perspective the main products are a small window on the antecedents of modern forestry and the nucleus of a promising archive for interdisciplinary teaching and research.     

Spiritualism after the Great War

British Spiritualism has attracted a good deal of historicalcomment, but most scholars assume that popular interest in themovement had faded by the close of the First World War. Thisarticle examines Spiritualism and the culture in which it flourishedbetween the wars and in doing so challenges the assumption thatbelief in the supernatural was thoroughly displaced by science-basedsecularism in the twentieth century. Spiritualist egalitarianismreflected and responded to the increasingly democratic valuesof the twentieth century, but more important for Spiritualism'ssuccess was its ability to incorporate a variety of existingsupernatural concepts into its developing and flexible cosmology.The many ways in which traditional supernatural beliefs penetratedeveryday language supplied simultaneously a rich resource forSpiritualist thought and a setting where conversion to Spiritualismcould feel natural and even inevitable.     

Illusions of revolution: François Furet's critique of Marx

In this article it will be argued that François Furet's attempt in Interpreting the French Revolution to provide a conceptual history of the French Revolution through a synthesis of Tocqueville and Cochin's historical and sociological accounts fails methodologically. It does so in two ways: Firstly, in its aim to distinguish between conceptual, explanatory history and empirical, narrative history, and secondly, in its distinction between revolution as process and revolution as act. Drawing on Claude Lefort and Paul Ricoeur's interventions in the historiographical debate, I demonstrate that these seemingly methodological concerns, conceal a deeper historical and political question concerning the nature of the ‘event’ of revolution. In response to Furet's oblique turn to Hegel in his later work, this article traces the nature of the ‘conceptual inversion’ Furet claims to find in Hegel and Marx's accounts of the French Revolution. In relation to Marx, it is argued that Furet's critique fails to capture the allegorical nature of the political in Marx's thought, and underplays the significance of revolution as the basis for both the separation of the social and the political and their attempted unity. The article ends with some remarks on the importance of language and culture in rethinking the relationship between Hegel and Marx.     

Eric Voegelin and the Natural Law Tradition

Eric Voegelin’s criticism of Hans Kelsen’s legal positivism places him closer to the natural law tradition than to other legal traditions. This proximity could be interpreted as a defense of the contemporary relevance, or as an attempt to revive the natural law tradition in the twentieth century. However, Voegelin always avoids using the traditional terminology of natural law in his mature works, and expresses a certain ambiguity regarding its contemporary revival. To understand this problem, this article investigates the evolution of Voegelin's understanding of natural law and his criticism of different natural law traditions from Cicero to John Locke, especially his positive evaluation of Aristotle’s and Thomas Aquinas’s interpretations. Furthermore, it seeks to illuminate his position on the contemporary relevance of this topic, as well as to assess some of the recent interpretations that consider Voegelin as a natural law thinker.     

Reenactment, Fantasy, and the Paranoia of History: Oliver Stone's Docudramas

In the late 1980s and 1990s, American popular culture has been increasingly rife with conspiracy narratives of recent historical events. Among cultural producers, filmmaker Oliver Stone has had a significant impact on popular understanding of American culture in the late twentieth century through a series of docudramas which reread American history through the lens of conspiracy theory and paranoia. This paper examines the films of Oliver Stone—in particular Platoon , Born on the Fourth of July , JFK , and Nixon —asking why they have achieved popularity and brought about catharsis, why they are the subject of attack, and why it is useful to look beyond the debate about truth and falsehood that has surrounded them. It analyzes the ways in which Stone's status as a Vietnam veteran allowed Platoon to be accorded the authenticity of survivor discourse, whereas JFK and Nixon were subject to almost hysterical attack, not only because of Stone's assertions of conspiracy, but also because of his cinematic style of tampering with famous images. Taking these films as its point of departure, this paper examines the role of images in the construction of history, the form of the docudrama, the reenactment of historical images, fantasies of history, and ways in which paranoia part of the practice of citizenship.     

The Unusual Case of ‘Mrs Sherlock’. Memoir,Identity and the ‘Real’ Woman Private Detective in Twentieth–Century Britain

Despite a huge popular and literary interest in detective fiction and an extensive academic literature on the history of policing, there have been very few studies of the history of private detectives/investigators. The work of women investigators has proved to be even more marginal. Histories of women and work have tended, for obvious reasons, to concentrate on mainstream industries, occupations and professions rather than the unusual or the unique. Focusing on the memoirs of Annette Kerner, published in the early 1950s, this article examines the range of opportunities that investigation created in the first half of the twentieth century, analysing the interaction of professional, gender and class identities. It highlights, firstly, women's ‘professional’ commitment to an exciting and challenging area of work, exploring their relationships with other occupational groups including women police. Second, it considers how disguise and masquerade presented opportunities for urban exploration and the crossing of traditional boundaries of gender and class. Investigative work developed, historically, at the same time as detective fiction and it has been deeply affected by fictional portrayals. The cultural mantle of ‘the female Sherlock Holmes’ was a hard inheritance to shake off and it suffused women's public presentations of themselves.     

Forbidden Images: Rock Paintings and the Nyau Secret Society of Central Malaŵi and Eastern Zambia

This paper examines the rock art of the nyau secret society of eastern Zambia and central Malai. The art dates principally from the nineteenth and early twentieth centuries. It has been known to researchers since the 1970s but has given up few of its secrets. I examine the questions of why the art was made and why the tradition ceased. Key to answering these is the realization that the art belonged to a specific historical and geographic context: the era and area where nyau was forced to become an underground movement because of its suppression by Ngoni invaders, missions, and the later colonial government. The art provides us with detailed insights into the way nyau has served in the process of overcoming and manipulating the traumatic social changes faced by Chea society in the last few centuries.Cet article examine l'art rupestre de la société secrète de nyau au est du Zambia et Malai centrale. L'art date principalement aux dix-neuvième et bas vingtième siècles. Recherchers ont su l'art depuis les années soixante-dix, mais ils ont appris peu de ses secrets. J'examine les questions de pourquoi l'art était fabriquer et pourquoi la tradition a cessé. Pour résoudre ces questions c'est important à réaliser que l'art était à sa place dans un milieu spécifique d'histoire et géographie: au temps et place où nyau était forcer à devenir un mouvement clandestin à cause de sa répression par les envahisseurs Ngoni, les missions et, plus tard, le gouvernement colonial. L'art nous donne les aperçus détaillé sur comment nyau a servi dans le procès à surmonter et manipuler les changements traumatiques que la société Chea a bravé dans les siècles récents.     

The Geneva Conventions of 12 August 1949: from the 1949 Diplomatic Conference to the Dawn of the New Millennium

In 1949 the Swiss government convened a diplomatic conference to update international humanitarian law in the light of the tragic experiences of the Second World War. Although the proceedings were largely dominated by the fear that the coup in Prague, the blockade of Berlin and the Chinese civil war would lead to a third world war, the conference succeeded in adopting the four Geneva Conventions that are still in force today. This was a major breakthrough from a humanitarian point of view as well as a significant political success. However, in the 50 years that followed, the new Conventions were applied to circumstances that differed widely from those that their framers had in mind. Since the threat of nuclear annihilation prevented any direct and open confrontation between the superpowers, their rivalry led instead to a proliferation of internal conflicts along the fault‐lines of the Cold War. What then was the significance of the new Geneva Conventions? What are the prospects for the future of international humanitarian law? These are some of the questions that deserve our attention as the twentieth century—scarred as it was by so many wars—givesway to the twenty‐first.