The Judicial Bookshelf

"In law, also, men make a difference," ¹ counseled Felix Frankfurter the year before his appointment to the Supreme Court. Frankfurter highlighted one of the three critical components of judicial decision-making in constitutional law: alongside the text of the Constitution itself and the cases that pose various questions for decision are the women and men who answer those questions. Those answers, as Frankfurter believed, are invariably influenced by the values Justices bring with them to the Bench. Yet he was expressing no newfound truth, but an awareness that had been apparent for a long time. "Impressed with a conviction that the true administration of justice is the firmest pillar of good government," President George Washington wrote future Attorney General Edmund Randolph in 1789, "I have considered the first arrangement of the judicial department as essential to the happiness of our country and the stability of its political system." To be sure, the Court's role in the political system was unclear, but Washington realized the impact the Court might have in the young Republic. This required, he told Randolph, "the selection of the fittest characters to expound the laws and dispense justice." ² And as he filled the six seats Congress had authorized for the Supreme Court, the first President made sure that each nominee was a strong supporter of the new Constitution.     

Joseph P. Bradley's Journey: The Meaning of Privileges and Immunities

Justice Joseph P. Bradley of New Jersey will forever be remembered as the judge who in 1883 cruelly scorned black rights in the Civil Rights Cases . ¹ Yet Bradley's position that year marked the end of a journey that had started in a quite different place. Thirteen years before, when he first joined the Court, Bradley had read Fourteenth Amendment protections of citizens' rights expansively, believing that "it is possible that those who framed the [Fourteenth Amendment] were not themselves aware of the far reaching character of its terms." In 1870 and 1871, Bradley wrote that the Fourteenth Amendment's Privileges and Immunities Clause reached "social evils … never before prohibited" and represented a commitment to " fundamental " or "sacred" rights of citizenship that stood outside the political process and "cannot be abridged by any state." ² By 1883, however, Bradley had turned away from such views. In the Civil Rights Cases , he wrote that nothing in the Thirteenth or Fourteenth Amendments countenanced a law against segregation. Blacks, he said, must take "the rank of mere citizen" and cease "to be the special favorite of the laws." ³     

New Labour,new electoral system,new electoral geographies?: A review of proposed constitutional changes in the United Kingdom

The United Kingdom electoral system remained virtually unchanged throughout the twentieth century but three reports (two of them commissioned by the Labour government elected in 1997) published in late 1998 propose significant changes in: the administration of elections, with specific reference to increasing turnout rates; the funding of political parties and electoral campaigns; and the electoral system itself—with a recommendation for a system that is broadly proportional but retains the link between (most) MPs and single-member constituencies. This paper reviews those reports, relates them to the geography of electoral behaviour in the UK, and explores the geographical implications of their major recommendations.     

当前我国自助游监管"空心化"的成因、根源及对策分析

本文首先就国内自助游研究现状进行了文献综述,提出所要探讨的自助游监管和监管空心化问题;进而对自助游监管“空心化”的表现、成因和根源进行了探讨;在此基础上,文章提出了关于改善当前自助游监管“空心化”现象的建议,内容涵盖政府、行业协会、企业三个层面,以期促进自助游市场的健康和良性发展。     

A Grocer's Tale: Gender,Family and Class in Early Nineteenth‐Century Manchester

This article examines the diary of George Heywood, a journeyman grocer turned small shopkeeper, who moved to Manchester from Huddersfield in 1809. Heywood's modest lifetime ambitions were to own a grocery shop and find a companionable wife. As a lower‐middle‐class man of humble means and limited ambitions, Heywood does not fit the heroic mould of those working‐class diarists and autobiographers of the nineteenth century that have more readily captured historians’ attention. Yet it is precisely this ‘ordinariness’ that makes Heywood's journal important. His smaller‐than‐life adventures are the very stuff of lower‐middle‐class life, and reveal something of a petit‐bourgeois world from which historians and social commentators have traditionally shied away. His diary allows us to glimpse one form of masculine identity that both fits with and complicates our notions of ‘bourgeois’ masculinity in this period.     

Wading into the stream of Chinese life: the life and missionary career of Roderick Scott in China, 1916–1949

The legacy of Western Christian missionaries to China during the early twentieth century has often been debated by historians, being judged both positively and negatively. Yet, the truth is usually more complex. In examining the lives of Roderick and Agnes Scott, two American missionaries and educators who were active in Fuzhou from 1916–1949, the historian can see how the interaction between Western Christianity and Chinese culture played out in at least one instance, and observe how one American couple developed a growing affinity for the Chinese people and their culture, which gradually led them to the role of interpreters and advocates on behalf of the Chinese during and following World War II. Yet the papers of Roderick Scott also provide examples of the complex relationship between the Chinese and resident foreigners during these years. They document the rise of anti-foreigner sentiment in the 1920s, the debates over the Sinicization of western institutions in the years that followed, the solidarity displayed by foreign missionaries toward the Chinese during the years of the Sino–Japanese War, and their great reluctance to leave China following the revolution of 1949.     

Marx's Utopian legacy

The terms "utopia" and "utopian" have long been used in predominantly dismissive ways. That this is the case is due partly to Karl Marx and his followers, who criticized socialist competitors as ineffectual dreamers. But while Marxism worked hard to present itself as realistic, serious and scientific, this essay argues that core elements of Marx's own project are utopian. Marx's utopianism lay in the aim of abolishing the distinction between state and civil society, and in the harmony he assumed would emerge as a result of that change. Consequently, the very concepts of "freedom" and "equality" would be transformed; the old debates about them would simply be redundant in communist society. This essay will explain why such objectives are utopian and even dangerous, and then evaluate the importance of and problems with this utopian legacy. In recovering Marx's utopianism we need not accept Marx's implication that utopianism itself has no real value for social and political change.     

入晋之蜀汉人士命运的浮沉

司马氏灭蜀,为巩固统一,强行迁移蜀汉政权之侨寓大臣将领子孙至中土,使其社会地位急剧下降,后来虽任用诸葛亮后代,应景而已。对蜀地土著土人,晋廷有所优遇,多加征召,但入洛之蜀土颇遭北人歧视,朝中无援,仕途不畅,其地位比之其汉代先辈多有不如。     

The rise of agricultural auctioneering in eighteenth- and nineteenth-century Britain

Although the auctioneer has an accepted and crucial role in present-day agriculture, little is known of how this developed. The study uncovers evidence of the emergent auctioneering trade in the second half of the eighteenth century, indicating that those who were most active as general auctioneers included some casualties of urban business life. It is suggested that the tarnished image of the early auction trade may have appealed to those in rural society who were concurrently being denied traditional recreations and festivities. The paper concludes by suggesting that if the farm dispersal sale was widely construed as entertainment, then this would enhance its economic appeal.     

George Orwell on Political Realism and the Future of Europe

George Orwell perceived the possibility of a postwar united Europe, based on regional integration along social-democratic lines, as a means of survival in a world struggle rather than as a preamble to peace. This was the logical conclusion of his understanding of political realism: his endorsement of its assumption that violence is endemic to social life and that the force-wielding sovereign cannot be done away with. Yet Orwell also had reservations about realism. He argued that a purely realist analysis that was not normatively connected to any values outside itself would go astray because analysts would be unable to factor in their own positions and would thus lose the analytic distance from their objects of study. Orwell was thus as suspicious of a politics managed by experts as of the utopian anticipation of a violence-free world. His world-view, rooted in realist necessity while leaving room for the values of democracy and socialism, offered a vision of a postwar united Europe that fostered the spirit of solidarity and could endure the existential struggles of world politics.     

The House of Commons Serjeant 1640–93

The conflict between the crown and parliament in the 17th century inevitably disrupted the orderly succession to the offices of the house of commons, as is illustrated by the case of the serjeant‐at‐arms. Existing lists of the holders of this office tend to oversimplify the situation. This note brings together the available facts with the object of identifying those who actually carried out the duties of the office between 1640 and 1693.     

American Regulatory Policy: Factors Affecting Trends Over the Past Century

This article examines American regulatory policy over the past century and the factors that have affected its development. Among the trends analyzed are the movement away from independent regulatory commissions, the larger role played by the institutional presidency vis-a-vis the Congress in the regulatory arena, and the growing resistance of states and localities to national government regulation and "unfunded mandates."     

试析三菱财阀迅速发展的原因

三菱财阀迅速发展的原因主要有以下两个方面:第一,岩崎家族人才辈出、同心同德;第二,三菱的企业经营适应了日本近代资本主义发展的模式,即三菱在明治前期充当"政商"的企业经营战略.以及19世纪90年代以后大力发展军事重工业的企业经营战略,都是与日本政府选择的"官方倡导"、"武力扩张、以战争促发展"的近代资本主义发展模式相一致的.     

Berlusconi,strong government and the Italian state

Over the past decade, state capacity has increased at all levels, including that of central government, and the emergence of effective government in Italy has proved popular. A second trend has been the reassertion of party government since 1996. Given these two trends, the large parliamentary majority obtained by Silvio Berlusconi's alliance, the Casa delle LibertÀ, might be expected to result in strong party government. In fact, Berlusconi's triumph offers something more and something less than party government, challenging Italian democracy. Nevertheless, as a consolidated democracy, Italy should be able to withstand such a challenge. One stable, democratic outcome to Italy's political transformation would be the consolidation of a Schumpeterian model of democracy. This would require the anomalies of the right's accumulation of powers to be resolved, a process which the left could promote by accepting that strong democratic government is a public good, and by organizing itself to challenge Berlusconi by campaigning to provide Italy with such government through parliamentary competition.     

Lost Palaces,Lost History: The Wang of Bangkok’s Rattanakosin

Siam’s practices of polygamy variously bemused and shocked European visitors to the kingdom in the nineteenth century; however, especially in the case of the early Chakri monarchy, there was always also a strong political rationale to such customs. Multiple liaisons would yield multiple sons who could subsequently serve as defenders of both realm and dynasty; later, as the nation evolved, they could form a pool of ministers and administrators. Multiple daughters, in turn, were always useful in shoring up support from a restive nobility. Sons in particular, however, presented a real estate challenge as they had to be housed in appropriate style and this called for a profusion of both small and large palaces, wang, throughout the old historic city of Rattanakosin. From the locations of wang and their degrees of splendour one might have been able to read the evolving politics and political economy of early Bangkok, also the always evolving role of the monarchy, except that most have been swept away for more mundane urban development. Yet enough evidence remains for the story still to be pieced together, thereby throwing some light on currently fraught debates over the political context and role of the monarchy.     

Food markets and shops in Manchester 1770–1870

It is one of the minor oddities of the recent “boom” in urban history that we know so little about so central an activity as how the people living in nineteenth-century towns bought their food. Of course, there are always a great number of subjects that we would like to know that little bit more about, but after all, the purchase of food did represent a half to two-thirds of working-class budgets for much of the nineteenth century. And we are a nation of shopkeepers! Yet until recently, the subject of food distribution within nineteenth-century industrial towns was a long way down the agenda of research topics. ^[2] We would like to think that this was not through lack of interest but was due to the authoritative nature of one major work on the subject, J. B. Jeffery's Retail trading in Britain, 1850–1950.     

The Dimensions and Dynamics of Community Mores

If one posits there is such a thing as an American community, then one must also recognize that that community has been severed into two competing and often diametrically opposed visions of what America should be, with the chasm between them either impassable or potentially bridgeable, depending on your level of optimism. On one side are those who believe in a strong, exceptional America, grounded by those who largely practice the Jewish or Christian faiths but who at least believe in their utility as the basis for a moral code that teaches the virtues that sustain freedom in this country and keep America strong. On the other side are those who believe in an ever-evolving set of mores, based at any point in time on the current state of the collective wisdom of those who believe humanity itself is constantly evolving and improving, so long as it is not impeded by the often-confining strictures of the Jewish and Christian faiths.     

The Politics of Aging: Globalization and the Restructuring of Youth and Childhood

This paper explores the ways that constitutive elements of globalization—including a celebration of risk, reduction in state funding for social reproduction in developed nations and pressures to modernize in underdeveloped ones—are being "smuggled in" in the guise of new discourses around youth and childhood. Far from being a byproduct of capitalism in its various phases, youth and childhood can be located at its literal and figurative core.
In a crude characterization of the global map as it has emerged in over the past twenty years, one would find a world drawn roughly into three parts—and in each of these parts, youth and childhood is being restructured in a distinct way. These divisions look suspiciously like the earlier global models of developed, developing and underdeveloped nations, but the nature of the exclusions that sustain them spell particularly bad news for the world's young people. Modern ideals of youth and childhood that became hegemonic in the West over the past century are being exported to non-Western contexts in which resources to adequately reproduce these forms are sadly lacking. At the same time, in Western settings over the past two decades, such resources have been eroded for children and young people, and celebrated aspects of "youthfulness" have been displaced to adults to justify lifelong learning and the increasing assumption of risk by older workers.
The paper urges a move away from the study of behaviors of "children and adults" as static categories and towards an exploration of shifting norms and forms of "childhood and aging" as dynamic processes that both help to constitute and are constituted by a new political economy.     

'Ladies are often very good scaffoldings': Women and Politics in the Age of Anne

The age of Anne saw unprecedented politicisation of society, the expansion of patronage and the election of ten parliaments between 1695 and 1715. If, as has been argued for the second half of the 18th century, such factors facilitated women's political participation, then the prerequisites for women's political involvement, at least at the level of the political elite, existed in the age of Anne. Yet we still know surprisingly little about the shape and extent of women's political participation beyond the dynamics of the Augustan court. This article encourages historians of women and politics to return to the age of Anne and consider women's political participation writ large. Was this period, which has often been seen as a political watershed, also a watershed for women's political involvement? Through an examination of Elizabeth Coke's involvement in the Derbyshire election of 1710, where she served as her brother's political agent, this article calls historians' attention to the activities of one group of politically-active Augustan women – those who served as intermediaries and agents. It argues that politics could be one aspect of a broader familial agency, one which saw women step in and out of family, household, estate and political management, as necessary. Nor, it argues, should these women be seen as mere Swiftian 'scaffoldings'– as means to an end for politically-ambitious men. As agents and intermediaries, women as well as men played recognized political roles, in similar ways, in campaigns across the country; their involvement requires closer examination.     

The Address in Reply to the Speech from the Throne

This article traces the evolution of the address in reply to the speech from the throne, from its origins in the early 18th century, showing how it developed from a device for bringing about a community of interest between government and parliament while at the same time providing a focal point for rallying the opposition. It describes how the address became an echo of the speech, often drafted at the same time as the speech itself. Its management involved a good deal of organisation. The terms of the address had to be drafted, the movers and seconders selected and the terms communicated to government supporters. The meetings arranged for this purpose gradually became less exclusive to the point where they were superseded by dinners given by the leaders of the two Houses. In the course of time they were mirrored by dinners given by the leaders of the opposition who eventually managed to secure copies of the speech, thus assisting them to formulate amendments to the address. In the 19th century the procedure for considering the address was reformed with a view to curtailing debate but without success. While the address may have lost something of its symbolic significance, the debates to which it gives rise remain significant features in the timetables of both Houses.