Midwives as expert witnesses in the 18th-century Finnish courts of justice

ABSTRACT

In this article, I will explore how legalized Finnish midwives acted as expert witnesses in court hearings before 1809, how they worded the statements they gave in court, on what grounds they decided a woman was pregnant or had given birth, and what signs they considered as indicating a miscarriage or the birth of a full-term infant. Their work as expert witnesses relied on their midwifery training as well as their learned knowledge of the anatomy of the female body and the physiology of birth. Ultimately, their knowledge was supported by contemporary guidebooks on midwifery and forensic medicine. As expert witnesses, the trained and legalized midwives of the eighteenth century can be seen as having been legally literate women, who had a duty to provide oral or written evidence to the court and other instances who demanded it. Midwives were capable of using understandable medical and legal terminology in terms of the processing of the court case in their testimony. The forensic examinations carried out by legalized midwives and the expert witness statements they gave also demonstrate the professional skills and expertise of these women.. Their testimonies also show that they were familiar with the characteristics of infanticide referred to in the Swedish medical and forensic literature.     

Recovering a "Lost" Story Using Oral History: The United States Supreme Court's Historic Green v. New Kent County, Virginia, Decision

Abstract In 1965, New Kent County, located just east of Richmond,Virginia, became the setting for the one of the most importantschool desegregation cases since Brown v. Board of Education.Ten years after the U.S. Supreme Court declared "separate butequal" unconstitutional, both public schools in New Kent, theGeorge W. Watkins School for blacks and the New Kent Schoolfor whites, remained segregated. In 1965, however, local blacksand the Virginia State NAACP initiated a legal challenge tosegregated schools, hoping to initiate desegregation where theprocess had yet to begin and to accelerate the process in areaswhere token desegregation was the norm. In 1968, the U.S. SupremeCourt decision in Charles C. Green v. the School Board of NewKent County forced New Kent County and localities across thestate and nation to fulfill the promise of Brown. While thecase has been part of the court records since it was decidedin 1968, it has remained largely unknown to the general publicand many scholars of the era. This article is an attempt touse the tool of oral history to present the people and the storybehind Green v. New Kent County and to add another piece tothe puzzle that was school desegregation in this country.     

美国县制演化及其对中国县制改革的启示

本文基于文献资料比较系统地考察了美国县制的起源、模式及特征,重点总结了工业社会到来时美国县制发生的危机、原因、对策和结果,论述了美国县制在后工业社会崛起的机理,最后总结了美国县制的演变规律及其对我国县制改革的启示。     

Camp Composition and the Rocky Mountain Fur Trade: Estimating the Native Presence at the Early Rendezvous and Winter Camps, 1825–1830

Rendezvous and winter camps were central to the early Rocky Mountain fur trade. However, available research provides no estimate of the number of people in attendance. Knowledge of the size and demographic makeup of the mountain gatherings would facilitate research on camp socio-cultural dynamics, interpretation of the historic events, and identification of modern archeological sites. The present study estimates the number of people present at the early rendezvous and winter camps (1825–1830). The estimations support existing research that emphasizes Native people's involvement in the fur trade. For instance, of the 1550 estimated attendees at the 1827 rendezvous, the Native contingent comprised approximately 90% of the total. While it is commonly known that Native peoples attended and participated in the Rocky Mountain fur trade rendezvous, this research presents evidence that the Native presence often far outnumbered the traders and trappers in attendance.     

Legislating the Melanesian Way: Bernard Narokobi and the Law Reform Commission of Papua New Guinea

Abstract

A common criticism of Bernard Narokobi is that his vision of the ‘Melanesian Way’ was vague and imprecise. This article argues against this claim by describing the activities Narokobi undertook as the head of the Law Reform Commission of Papua New Guinea (1975–8). Using the example of his suggested revision of adultery laws, this article shows that Narokobi realized his abstract vision of the Melanesian Way in the most concrete and specific way possible: by attempting to reform the law. Much of Narokobi's legal reform work was unsuccessful, but a full understanding of his philosophy can only be achieved by reading his legal work alongside his published writings like The Melanesian Way.     

Van Beck Hall. Politics Without Parties, 1780–1791

Abstract.

Eighteenth-century English common-law courts used petit juries in civil litigation to try issues of fact or find damages after defendants defaulted. In colonial Virginia, county sheriffs impaneled potential jurors for trials of the issue; before trial, litigants selected a 12-man jury during voir dire. By contrast, juries on writs of inquiry to ascertain damages were selected solely by sheriffs and reached verdicts under the sheriff's supervision. Scholarly consensus holds juror selection to have been prejudiced, but pure probability predictions generated with hypergeometric distributions indicate that on writs of inquiry sheriffs often picked jurors in a functionally random manner. This article presents a new test for identifying bias in jury selection by identifying improbable numbers of magistrates, constables, and grand jurors.     

Bringing the feudal law back home: social practice and the law of fiefs in Italy and Provence (1100–1250)

ABSTRACT

The Libri feudorum is a composite law book containing the customary laws of fiefs held in Lombardy which were codified in 1100–1250. Its function in shaping a late medieval ‘feudal vocabulary’ and, ultimately, modern models of feudalism was highlighted by Susan Reynolds and lies at the core of her anti-feudalism paradigm. This paper questions the disjuncture between social practice and learned law that underlies the paradigm, by analysing the context and making of the Libri feudorum and of legal writings associated with it – by Pillius de Medicina, Iacobus de Ardizone and Jean Blanc. By showing how practice could shape legal tools used by learned lawyers to frame fiefs and by reassessing the influence of the Libri feudorum on practice, the paper challenges the idea that fiefs were the outcome of professional or academic law and unveils aspects of the practical nature and intellectual dimension of lawyerly writing.     

A Walk on the Wild Side with Yahweh: A Spatial Perspective on the Hebrew Deity in the National Epic

ABSTRACT

Although there is general agreement among biblical scholars that Chronicles developed an own historiography in contradistinction to the Deuteronomistic History, some scholars have started emphasizing the commonalities between these histories. The present contribution is an attempt to contribute to this investigation in Chronicles studies. The investigation particularly focuses on a disputed example from Chronicles, namely the legal reforms of King Jehoshaphat, in order to establish what the relationship is between Chronicles and the Deuteronomic legal traditions.     

Food in the accounts of a travelling lady: Maria de Luna,queen of Aragon,in 1403

ABSTRACT

A household account book of Maria de Luna, queen of Aragon, dated 1403, serves as a guide to her everyday life and especially her diet. Its contents give us details that normally go unnoticed, about the court, the quantities and qualities of their foods, the means of preparing them, and the spectacle of the queen and her courtiers at table. The peripatetic nature of the queen’s household brought her to different towns in the interior of the kingdom of Valencia, and the document provides important – and rare – evidence of the impact of the court on these small markets, and the strategies for providing foods of the highest quality to meet the demands of the queen. The household is compared with others of similar rank in the Iberian Peninsula and nearby.     

宋代县望等级的划分标准探析

宋代县望等级制度基本承袭唐代,按“政治地位”和“户口”两大标准划分。但唐宋县望等级存在不少差异,其中的演化少不了后周制度的作用和影响,后周时期,望县、紧县失去按“政治地位”划分的资格,转而按“户口”划分。这一制度被宋代继承,实质是受次赤、次畿县的冲击影响。北宋前期,诸府属县严格按“政治地位”标准划分,与诸州属县按“户口”划分形成鲜明对比。至北宋末年,府、州政区属县等级“泾渭分明”的划分格局被打破,次府属县等级开始转向按照“户口”划分。唐宋划分县望等级的“户口”含义有所不同,唐代完全依据户数,宋代则根据纳两税的“主户”数,这一差异变化也与后周制度有很大关系。北宋前期,动态划分县望等级的政策得到了执行;到后期,则出现了“户口多而县望等级低”等脱离实际的现象,提升县等的户口标准成为解决县等与户口脱节问题较为务实的方案。     

从诸官到列曹：秦汉县政承担者的转变及其动因考论

秦至东汉,地方县内政务承担者由诸官转变为列曹。这一变化历程在传世文献与简牍资料中均有所呈现。战国至西汉,县的直接管理者由内史过渡到郡,造成了县内政务运行体制的调整。商鞅变法确立了内史等朝官共同管理县政的体制,县内诸官系统因对接朝廷各管理部门而形成。西汉中后期,郡制在地方的完全确立,切割了县与朝廷的直接联系。县为对接郡的列曹体制而使原有列曹壮大、完善进而成为县内政务的承担者。上述转变过程具有长期性与复杂性,还涉及内史的地方化和郡的行政化等问题。     

Guns and Homicides: A Multiscale Geographically Weighted Instrumental Variables Approach

This article assesses the locally varying effects of gun ownership levels on total and gun homicide rates in the contiguous United States using cross-sectional county data for the period 2009–2015. Employing a multiscale geographically weighted instrumental variables regression that takes into account spatial nonstationarity in the processes and the endogenous nature of gun ownership levels, estimates show that gun ownership exerts spatially monotonically negative effects on total and gun homicide rates, indicating that there are no counties supporting the “more guns, more crime” hypothesis for these two highly important crime categories. The number of counties in the contiguous United States where the “more guns, less crime” hypothesis is confirmed is limited to at least 1258 counties (44.8% of the sample) with the strongest total homicide-decreasing effects concentrated in southeastern Texas and the deep south. On the other hand, stricter state gun control laws exert spatially monotonically negative effects on gun homicide rates with the strongest effects concentrated in the southern tip of Texas extending toward the deep south.     

Legal Frameworks in the Sermons of Caesarius of Arles

Abstract

The texts of Caesarius of Arles are rightly counted among the most important historical sources for the Early Middle Ages. Despite this well-known fact they are insufficiently studied from the point of view of social history. The domain of law is especially neglected. Information on this subject is contained mainly in the numerous comparisons which Caesarius drew between the religious beliefs, attitudes, and practices he strove to impose on his flock, and the social realities of Arles of his day. The juridical terminology which he occasionally used is also quite revealing. Most of the data is of course on canon law. It is less informative than one could have hoped but it does shed light on some important areas, such as the social make-up of the parishioners; attendance at church by women, youngsters, and slaves; baptismal practices; the tithe, and almsgiving. Caesarius’ sermons also contain valuable facts pertaining to the persistence of many Roman legal notions and practices belonging to what can be qualified as ‘civil law’. Of special interest are the different data concerning ownership rights. On the one hand, the sermons prove that Arlesians of the sixth century were for the most part content with quasi-legal notions sufficient to describe their rights in this domain. On the other hand, the bishop’s use of words leaves no doubt that the predominant legal notion regarding ownership, to the detriment of all others, was possession.     

江西省县域经济差异特征及其成因分析

县域经济作为我国国民经济的基本单元,是构造地带经济、经济区、省区、城市等区域经济的基础。我国当前社会经济运行中的主要矛盾如城乡二元结构、区域差异扩大、"三农"问题都集中反映在县域尺度上。因此,对县域经济差异进行剖析,揭示差异形成的机理,对县域经济发展有重要意义。2000年以来,江西省县域绝对差异呈持续扩大趋势,相对差异呈相对稳定趋势,总体差异呈扩大趋势;县域经济在空间上表现为经济发达型、较发达型县市主要分布在中部地区、交通干线和长江沿线地区;欠发达型和不发达型县市呈不规则的环状分布于经济发达、较发达型县市的外围地区;从整体上来看,江西省各县市的发展水平呈现北高南低的分布格局;从县市数量上看,呈现出城市规模"金字塔"结构等特征。     

MultiLevel Modeling of Space–Time Variations: Exploring Landslide Voting Patterns at United States Presidential Elections, 1992–2016

Much has been written about the polarization of the American electorate and its reflection in its legislatures, but less about its spatial polarization, which Bishop has argued has taken place in parallel with the ideological and behavioral polarization. The extent of that polarization can be assessed, he argues, by identifying the number of landslide counties, those won at presidential elections by margins of 20 percentage points or more. This paper uses a multilevel modeling strategy to explore changes in the number and extent of those landslide counties over the period 1992–2016, relative to both the location of the counties and their population composition. It shows that a county’s population composition was a major determinant of whether it returned a landslide for either party’s candidate at any election—with a clear change in direction over the period for counties according to their level of affluence—but this was by no means the sole determinant. Holding constant those variations there were additional geographies that were more place‐ than people‐specific.     

Narokobi’s Melanesian Philosophy in the Papua New Guinean Legal System

ABSTRACT

Bernard Narokobi dedicated his career as a law reformer, jurist and parliamentarian to making Papua New Guinea’s legal system a catalyst for a distinctively Melanesian philosophy. This philosophy, ‘the Melanesian Way’, emphasized Papua New Guineans’ embeddedness within their local social worlds, including spirits and the natural environment. The legal foundation for the Melanesian Way was set down in the National Goals and Directive Principles and Basic Social Obligations, which are stated in the Preamble to the Constitution of Papua New Guinea. These make the ideals of social justice, participatory democracy, national sovereignty and sustainable development a legal aspiration and an impetus for formally recognizing the social forms that Papua New Guinean people themselves experience as providing order in their lives. Legislation that Narokobi promoted over the course of his career offered practical mechanisms for operationalizing these ideals in accordance with their original constitutional foundation.     

Creating a Deaf place: the development of the Asylum for Deaf and Dumb Poor Children in the early nineteenth century

ABSTRACT

By tracing the beginnings of the Asylum for Deaf and Dumb Poor Children, this article describes the first Deaf place in England. It argues that early Deaf places, like the Asylum, function as incubators necessary for the growth of Deaf culture. From its founding through its first move to a purpose-built campus, the central stakeholders – the founders, financiers, headmaster, teachers, and students – not only performed their roles but also succeeded in creating a place for Deaf people to come together and use sign language in large numbers. Even so, the Asylum was a divided place; poor children had a very different experience than their wealthy counterparts. Reconstructing the origins, policies, and evolving practices of the Asylum helps to understand the treatment of Deaf people, the value of Deaf places for this often-marginalized minority group, and the development of institutional landscapes for the Deaf.     

“南夷夜郎”两县考

《史记·西南夷列传》中,“罢西夷,独置南夷夜郎两县一都尉”,记载了汉武帝对西南夷措施的变化。“南夷夜郎两县”是指在南夷夜郎的地城中设置两个县。“南夷夜郎”不是县名。这两个县是汉阳县扣朱提县。