Corporate Domesticity and Idealised Masculinity: Royal Naval Officers and their Shipboard Homes, 1918–39

This article explores the interrelationship of masculine identity and corporate domesticity through the example of Royal Naval officers and the quarters they occupied on board ship during the 1920s and 1930s. Through a case study of a surviving warship, it establishes the linkages of this environment to a wider upper‐middle‐class world of public school common rooms, gentlemen's clubs and family homes. It analyses the role of this shipboard domesticity in defining the idealised and class‐specific persona of the naval officer: constructed through foregrounding approved qualities (such as dutifulness, restraint and self‐discipline), and suppressing characteristics considered problematic (for instance, introspection, individualism and intellectualism). The article also evaluates the tensions generated by these impersonal and unreachable standards, and the simultaneous ability of the naval home to support corporate and individual behaviours at odds with the officer ideal. The final section explores the gendered nature of these spaces. It argues that while the shipboard home was essentially a male one, the dynamic it engineered between rival ‘male’ and ‘female’ domesticities was invariably relational. Officers’ communal quarters were routinely used to support and intensify oppositional understandings of masculinity and femininity. Nonetheless, attempts to dispute these boundaries and to internalise feminised qualities of sentiment, attachment and dependency can be detected in the privatised domesticity of the cabin.     

Globalization,empire and natural law

Three controversial concepts are central to discussion on how international order originates, how it operates, and ultimately how we should respect it: globalization, empire and natural law. Each of these is examined in turn in this article. The currently prevalent way of thinking about globalization simply as a system of inter‐connections, of processes and networks that span national and cultural boundaries is likely to produce anti‐globalization backlashes. Many people reach the conclusion that global rules are simply a euphemism for some sort of imperial or neo‐imperial rule. Consequently, there is an increasingly intense discussion of the role of force and power in a global order. This article suggests an alternative mechanism for creating global order. The power of globalization rests not simply on material prosperity, but on the ability to communicate and share ideas as well as goods across large geographical and cultural distances. Natural law theories suggest that a sustained dialogue between apparently rival traditions of thinking can lead to agreement on shared norms and values.     

Imperial Geographies of Home: British Domesticity in India, 1886–1925

This paper considers the translation of domestic discourses over imperial space as middle-class British women established homes in India from 1886 to 1925. Unlike studies of imperial domesticity that delineate separate spheres of home and empire, I consider the exercise of imperial power on a domestic scale, by examining advice given in household guides on managing servants and raising British children in India. Rather than view the household merely as confining, I also explore the advice given to British women regarding travel outside their homes in India. The domestic roles of British women reproduced imperial power relations on a household scale, and the political significance of imperial domesticity extended beyond the boundaries of the home.     

European private law and the challenge of plural legal subjectivities

This paper argues that the approach to questions of authority, legitimacy, and personal identity characteristic of contemporary European law presents a paradox. The power of the legal project that emerged after the French Revolution lay in its deployment of the notion of abstract legal subjectivity to challenge claimed authority. Much is made of the public law dimensions of this revolutionary moment—the creation of political constitutions establishing national citizenship and human rights standards. But the transposition of abstract legal subjectivity into the private law through national social constitutions like Civil Codes has been far less successful. Abstract legal subjectivity in public law regimes necessarily privileges some personal identities over others in its construction of citizenship. These privileged identities of public law citizenship limit how legal subjects can express their identities in the private law. The paper proposes an alternative, pluralist, theorization of the diverse, iterative character of everyday human interaction that gives content to the idea of legal subjectivity in the private law. It seeks to reconcile a public law of abstract, unitary citizenship with a private law of plural legal subjectivities in a manner that advances the project of democratic constitutionalism.     

‘This is disco-wonderland!’ Gender,sexuality and the limits of gay domesticity on The Block

Gay men have been positioned as arbiters of ‘desirable’ domestic style—a domestic imaginary epitomised through their presence as designers and participants on lifestyle television. This paper offers a post-structural critique, examining how the intersections of gender and sexuality shape the contours of, and public responses to, gay domesticity. I scrutinise one telling example: commentaries on the domestic design created by a gay couple on The Block, an Australian lifestyle-reality programme. Applying discourse analysis to the public reception of their design, I argue the acceptability of gay domesticity is proscribed by norms of sexuality and gender, and consequently gay domesticity must be understood in both normatively feminine and masculine terms. While the desirability of gay domesticity reflects a feminisation of gay men, it is also constrained by processes of masculinisation that associate gay men's domestic tastes with Playboy-style bachelor domesticity. Through bachelor domesticity, tropes of partying and seduction undermine traditional feminine homemaking and the heteronormative ideology of home championing privatised nuclear family life. Scrutinising the intersections of gender and sexuality thus reveals limits to gay domesticity, with implications for the cultural politics around mainstream acceptance of gay masculinity: gay men and their homes are welcome when they reinforce heteronormative ideals.     

Vattel's law of nations and just war theory

It has often been said that Vattel's treatise on the law of nations breaks with the tradition of modern natural law and just war theory. Based on a closer examination of Vattel's justification of preventive war and of his assessment of the balance of power in Europe, the paper argues that this criticism is greatly exaggerated, if not entirely misleading.     

‘The World is Our Campus’: Michigan State University and Cold‐War Home Economics in US‐occupied Okinawa, 1945–19721

Since the rape of a twelve‐year‐old girl by three American marines in Okinawa in 1995, a trope of masculinised domination and feminised subjugation has shaped many feminist discussions of US‐Okinawa relations. However, post‐war US domination in Okinawa has entailed far more complex dynamics involving gender and nation. This article examines domestic reformism that flourished in US‐occupied Okinawa where a group of home economists and home demonstration agents dispatched from Michigan State University (MSU) played an instrumental role in disseminating ‘scientific domesticity’. Following the land‐grant philosophy of educational outreach and self‐help, MSU home economists engaged in a series of domestic reform activities where they attempted to transplant notions and practices of ‘scientific domesticity’ and modernise and empower local women. Taking place amidst the intense militarisation of Okinawa under American rule, domestic reformism generated much excitement and enthusiasm among local women. By analysing how domesticity and militarism became intertwined in post‐war Okinawa, the article explores the complex links between domesticity, international educational aid, militarism and the cold war in the Asia‐Pacific region.     

关于法律与社会之间的法学研究

法社会学的形成可以说是人们整合以往法律认识的结果。社会学方法在法学田野里的耕耘导引出一种更贴近现实、更具活力的法律认识方式。在法律中认识社会以及在社会中认识法律,这种着眼于法律与社会之间的认识活动,为法学研究开辟了一个前所未有的广阔领域。法学和社会学的联姻,不仅使法学理论更具有包容性,而且还为法学研究超越传统提供了综合与多维的方法指向。     

‘The Dining Room Should Be the Man's Paradise,as the Drawing Room Is the Woman's’: Gender and Middle‐Class Domestic Space in England, 1850–1910

In the middle‐class home in late nineteenth‐century England, drawing rooms, morning rooms and boudoirs became increasingly associated with women, while dining rooms, studies and smoking rooms were viewed as male spaces. Historians have linked this to the exclusion of women from social power and a male ‘flight from domesticity’. This article questions these interpretations and explores gendered space through advice manuals, inventories and sale catalogues, and autobiographies. While the notion that domestic space should be divided between men and women had considerable cultural purchase, the ways in which this should occur were subject to dispute and limited by the practical contingencies of everyday living. In homes where gendered material culture was present, it exerted a powerful influence on childhood experience and the formation of adult identities.     

The governmentalities of infrastructure and services amid urban conflict: East Jerusalem in the post Oslo era

Urban conflict in Jerusalem has mainly been studied through the lens of spatial and functional segregation and discriminative fragmentation between Israeli and Palestinian localities. This article adopts a governmentality approach to the study of the politics of urban infrastructure and services in urban conflict, and argues that a governmentalization process of East Jerusalem by Israel has evolved in the last two decades that has been enacted mainly through the control and management of Palestinian urban infrastructure and services. Since, as manifestations of resistance to Israeli occupation, many of the Palestinian urban functionalities historically operated separately from Israeli state apparatuses, this new development and its consequences indicate an increasing dependency and forced adaptation of Palestinians in Jerusalem to Israeli rule. Based on analysis of Palestinian public transport and education systems, the article demonstrates how the “soft” power of governmentality – mediated through the control and management of urban infrastructure and services – diffuses among the Palestinian population and in space, restructuring them as objects and subjects of Israeli administration and governmental order. In this light, urban infrastructure and services appear in the course of urban conflict as an arena of governmentality and counter-governmentality. On the one hand they serve as a site where identities are practiced and defended; on the other, they may mediate and facilitate the restructuring of political subjectivities and normalization of political structures and hierarchies.     

Rousseau,Pufendorf and the eighteenth-century natural law tradition

The relationship between the political theory of Rousseau and modern natural law continues to be the subject of debate, both with regard to Rousseau's faithfulness to the idea of natural law itself and regarding the precise extent of the debt he owed to his predecessors. In this article the author re-examines this relationship by focusing attention on what has been defined as the protestant tradition of natural law. In particular she concentrates on the political and theoretical exercise that Jean Barbeyrac had sought to perform by constructing a particular version of this tradition, namely that of using the science of natural law to promote a policy of tolerance between protestants and to justify the right of citizens to resist catholic sovereigns who denied them religious freedom, as well as the right of protestant countries to come to the aid of persecuted fellow believers. The thesis asserts that Rousseau was fully aware of this exercise, just as he was aware that some of Barbeyrac's ideas had been adopted and reworked by another illustrious Genevan, Jean-Jacques Burlamaqui, a member of the Small Council, to support anti-populist and antidemocratic politics in Geneva. Viewed in this way it is possible to perceive in Rousseau's political thought not so much a “first crisis” of natural law as an intention to reformulate this science from a republican perspective in order to derive rigorous principles of political law from it. And in developing his republican political theory Rousseau took up and overturned the analysis of democratic sovereignty carried out by Pufendorf, who in opposing the “pro-monarchist” excesses of authors such as Hobbes and Horn had unhesitatingly demonstrated the complete validity of democratic sovereignty.     

Rescaling as a class relationship and process: The case of public procurement law in Turkey

In this study we focus on two problematic aspects of the recent rescaling literature: overgeneralization of abstractions rather than examination of concrete class forces; and unidirectional understanding of the relationship between rescaling processes in the core and periphery, where rescaling is seen as an outcome of the uneven development of capitalism based on the tendency of over-accumulated capitals in the core to move to the periphery. We suggest an alternative approach that conceives rescaling as a class relationship and process shaped by the contradictory interaction between global capitals in the core and newly growing capitals in the periphery. Through a study of the formation and transformation of the public procurement law in Turkey (2001–2005), we illustrate that the rescaling of the Turkish public procurement market was not only shaped by global capitals unidirectionally, but through their contradictory interaction with the domestic capitals in Turkey. Although the initial law was formed under the hegemony of global capitals, the AKP government then made many attempts to change the law in line with the demands of domestic capital groups. In this process, scale was shaped by the unequal but mutual power relationships between global and domestic capital groups.     

Jeremy Bentham,choice architect: law,indirect legislation,and the context of choice

ABSTRACT

The goal of this paper is to locate indirect legislation within Bentham’s art of legislation, and to distinguish it, as far as possible, from direct legislation. Along the way, some parallels are drawn between indirect legislation on the one hand, and the Nudge theory of Thaler and Sunstein on the other. It will be argued that many expedients categorized by Bentham as indirect legislation are simultaneously exercises of direct legislation. Another set of indirect expedients act on knowledge, and involve efforts to eliminate asymmetries of information between potential offender and potential victim by providing official standards and disseminating a plethora of factual information. Other forms of indirect legislation threaten the coherence of Bentham’s theory of law, firstly by regarding all government actions as exercises in legislation, and secondly by turning the formers of public opinion into legislators. Insofar as some forms of indirect legislation operate by sleight of hand, they conflict with Bentham’s commitment to transparency in the exercise of public power, reflecting a tension between reality and appearance which runs through his thought.     

论建设中国特色社会主义法律体系的核心内容

中国特色社会主义法律体系的形成,标志着我国法治建设进入了有法可依的新阶段,是我国社会主义民主法治建设史上的重要里程碑。坚持以中国共产党的领导为根本保证,坚持以人为本、立法为民为根本目的,坚持社会主义法制统一为内在要求,这是我们党长期实践和探索的结果,对于我国在新的起点上加强和改进立法工作、切实保障法律的实施、全面落实依法治国基本方略、加快建设社会主义法治国家,具有重要的现实意义和深远的历史意义。笔者着重就中国特色社会主义法律体系形成的这三条核心内容展开论述。     

Islamic law and the social context of exchange in the medieval middle east

Islamic law purports to be unchanging and valid throughout the Islamic world. Nevertheless, a close examination of the medieval Islamic law of sate shows that the concept of local knowledge plays a considerable part in it On the one hand, the distinction between legitimate exchange and usury depends on the adequacy of the information available to the purchaser of goods or services; on the other hand, this stress on information leads to insistence that transactions must conform to the local custom of the merchants. Local custom thus comes in, as one might say, through a side door as a source of law, without being explicitly recognised as such.     

Literacy and the law in Lombard government

This article examines the Lombard law code as evidence for literate practices in government and society in seventh- and eighth-century Italy. The effectiveness of the code as an instrument of government is testified by the charter evidence, in which the precepts of the code are implicitly acknowledged or cited directly. Although largely the result of a necessary appropriation of late Roman property law, Lombard legislation and notarial practice applied further literate methods to document, and hence to validate, a range of transactions. The use of written law was not merely limited to male landowners, but affected Italo-Lombard society more widely, as is revealed by the evidence for women's property rights and manumission. The charter evidence and references within the code itself suggest that various uses of writing for governmental administration extended beyond the royal and ducal levels into local society.     

Dysfunctional domesticity: female insanity and family relationships among the West Riding poor in the mid-nineteenth century

"Dysfunctional domesticity" contributes to the growing reevaluation of the importance of the history of the family to understanding the history of insanity. Using patient case histories from the West Riding Pauper Lunatic Asylum, this article examines representations of family life among poor in England in the 1830s and 1840s. Among the so-called moral causes of insanity, family relationships held a prominent place. Female patients more than male patients had their mental illnesses attributed to their domestic circumstances: the poverty of their home lives, grief over a death of friends and family, love and marital relationships gone wrong, and violence in their homes. The case histories reveal that poor women experienced many pressures in the domestic sphere, and insanity may have been one way to escape dysfunctional domesticity.     

Birth control and the fertility of the U. S. Black population, 1880 to 1980

Black fertility in the U. S. declined sharply in the latter part of the 19th century and continued declining up to 1940. Common expert opinion has held that this decline in fertility was not attributable to an increase in birth control practice. Instead, experts hypothesized that the fertility decline was due almost entirely to deleterious changes in health factors among blacks. The health hypothesis is faulty because those black groups with socioeconomic advantages most conducive to good health were the very groups with the lowest fertility rates. A number of recent fertility studies seem to show fairly widespread use of birth control among blacks during the 60 years up to 1940. This widespread use did not increase precipitously in the 1930s but grew gradually over the previous 1/2 century. Knowledge and acceptance levels of birth control were also high during those years among blacks. Similarly, the experts' beliefs that birth control, even if practiced among blacks, did not have much effect on black fertility because "infective" methods were used, birth control was not practiced "effectively," and blacks started birth control practice too late in their reproductive lives have been shown by studies to have no empirical bases.     

Foreign Languages in the Elementary Schools of Richmond,Virginia

The medieval hunt and hunting manuals have been studied by historians as sources for the history of medieval science and geography, and for their insights into the daily lives of the elite societies that practiced hunting as a ritualized sport. This article examines two medieval hunting manuals, Juan Manuel’s Libro de la caza, and the Libro de la montería, commissioned by King Alfonso XI of Castile, and King Alfonso X’s law code, the Siete partidas, for their rhetorical and ideological portrayals of hunting and falconry as expressions of aristocratic power and sovereignty over the natural world. The article concludes with a study of an imagined debate between the merits of falconry and hunting with hounds in the Libro de la caza and Libro de la montería that sheds light on Juan Manuel and Alfonso’s competing views on nobility, informed by the political history of war and rebellion that shaped the lives of both men.