Home-grown slaves: women, reproduction, and the abolition of the slave trade, Jamaica 1788-1807

Once the British transatlantic slave trade came under abolitionists' scrutiny in 1788, West Indian slaveholders had to consider alternative methods of obtaining well-needed laborers. This article examines changes in enslaved women's working lives as planters sought to increase birth rates to replenish declining laboring populations. By focusing more on variances in work assignment and degrees of punishment rather than their absence, this article establishes that enslaved women in Jamaica experienced a considerable shift in their work responsibilities and their subjection to discipline as slaveholders sought to capitalize on their abilities to reproduce. Enslaved women's reproductive capabilities were pivotal for slavery and the plantation economy's survival once legal supplies from Africa were discontinued.     

Gendered frontiers of land control: indigenous territory,women and contests over land in Ecuador

Agricultural and rural land has become the site of considerable policy, governmental and scholarly concern worldwide because of violence and dispossession, food insecurity and contests over private property regimes. Such issues are highly gendered in territories with majorities of indigenous populations where overlapping legal regimes (statutory, multicultural, customary) and histories of dispossession have created complex spatialities and access patterns. States' formalization of indigenous rights, neoliberal restructuring and land appropriation are the backdrop to Ecuadorian women's struggles to access, retain and pass on land. Despite a burgeoning literature on Latin American indigenous territories, women are often invisible. Using collaborative research among two indigenous nationalities, the article analyses the political–economic, legal and de facto regimes shaping women's claims to land and indigenous territory. Focusing on Kichwa women in the rural Andes and Tsáchila women in a tropical export-oriented agricultural frontier area, the article examines the criteria and exclusionary practices that operate at multiple scales to shape women's (in)security in tenure. Women's struggles over claims to land and territory are also discussed. The article argues that Latin America's fraught land politics requires a gendered account of indigenous land–territoriality to unpack the cultural bias of western feminist accounts of multiculturalism and to document the racialized gender bias across socio-institutional relations.     

Island Despotism: Trinidad,the British Imperial Constitution and Global Legal Order

Narratives of the history of international law in the early and middle decades of the nineteenth century have emphasised the role of global humanitarian movements in establishing international norms and institutions. The abolition of the slave trade and the amelioration of slavery feature prominently in this account as reform movements that supposedly laid the groundwork for human rights law. Using controversy about the constitution of the island of Trinidad and the excesses of its first governor, Thomas Picton, as a case study, we argue instead that attempts to reform slavery formed part of a wider British effort to construct a coherent imperial legal system, a project that corresponded to a different, and at the time more powerful vision of global order. As experiment and anti-model, Trinidad’s troubles provided critics with an advertisement for the necessity of robust imperial legal power in new and old colonies. Such a call for imperial oversight of colonial legal orders formed the basis of an empire-wide push to reorder the British world.     

Feminist Mediations of the Exotic: French Algeria, Morocco and Tunisia, 1921–39

This article considers why and how locality influenced feminists' perceptions of colonised women. It does so through an analysis of how militants and novelists linked with the Union Française pour le Suffrage des Femmes (French Union for Women's Suffrage, UFSF) perceived the Arab and Berber women of colonial North Africa. The organisation had branches in North Africa, and thus feminists in Algeria, Morocco and Tunisia are compared to those in France. Where these women lived shaped their understanding of French women's roles in the colonies, along with their opinions regarding the rights to which colonised women could lay claim. Tensions among UFSF members are traced here through the literary figure Elissa Rhaïs, articles in the feminist newspaper  La Française  and correspondence among UFSF members. These sources indicate that while all these French women positioned themselves as mediators of colonialism and women's rights, their precise interpretations of that mediation were consistently influenced by local concerns.     

Land as fictitious commodity: the continuing evolution of women's land rights in Uganda

In sub-Saharan Africa, colonial influences have altered traditional practices as a way to manage that which Polanyi labeled as ‘fictitious commodities’ of land, labor, and money. Land has now become a highly marketable commodity and an intrinsic part of the global economy. Over the past century, Uganda's land rights have evolved from communal rights to that of male-dominated, individual ownership practices that have excluded women. Despite constitutional provisions, which confer title of both a deceased husband's property rights and equal rights to property within a marriage to a wife, postcolonial patriarchal tradition prevails. This article examines historical changes in land rights in Uganda and discusses the impact of shifts in land rights from communal ownership to individual tenure, altering power structures and attempting to create marketable land title. The Ugandan women's movement's opposition to policies and implementation of laws that exclude women has been unable to facilitate the required changes in unbiased access to land rights, despite apparent victories in revisions to the letter of the law. Situated within contemporary interpretations of tradition and pressures of market demand, this article shows that women's access to landownership and use are restricted by misinterpretation of traditional law and a lack of enforcement of contemporary legal rights. To illustrate the impact of a lack of access to land, this article examines an empirical case study of widowed subsistence farmers in southern Uganda. Women in Uganda continue to lose ground, quite literally, decreasing the possibility of gender equity in terms of land.     

Legal Literacy and Immovable Property: Laws,Norms and Practices in Colombia

An equitable gender distribution of property ownership may be enhanced or limited by family law, individual knowledge of the law, and social norms. South America's laws of equal inheritance by sex and birth order and equal distribution of property upon divorce provide the basis of a gender‐equitable distribution of property ownership. This report of a qualitative case study exploring the gendered knowledge of immovable property laws and the practice of patterns of property ownership in central Colombia provides insights into the gap between law and practice caused by lack of information, social norms, gendered access to legal titles, a complex legal system and high transaction costs. It argues for greater attention to titling, legal procedures, legal education and legal advice to secure effective immovable property ownership for women.     

内战前美国南部白人民主政治的发展与政治权力的归属

美国的政治制度在内战之前的半个多世纪发生了重大变革,其显著标志是废除了选举权和担任官职的财产资格限制,确立了白人男性成人的选举权和担任官职资格,在制度上确立了白人民主制.然而在美国南部蓄奴州,奴隶制的社会整合作用导致政治权力落入奴隶主利益集团的掌控之中.这样,法制上的白人民主制在实际政治世界中就蜕变成了奴隶主统治.在内战前的南部政治世界中,在总体上奴隶主政治人物担当着领导角色,广大非奴隶主大众是奴隶主在政治活动中的附庸.     

Reflections on the History and Historians of the black woman’s role in the community of slaves: enslaved women and intimate partner sexual violence

Taking as points of inspiration Peter Parish’s 1989 book, Slavery: History and Historians, and Angela Davis’s seminal 1971 article, “Reflections on the Black Woman’s Role in the Community of Slaves,” this probes both historiographically and methodologically some of the challenges faced by historians writing about the lives of enslaved women through a case study of intimate partner violence among enslaved people in the antebellum South. Because rape and sexual assault have been defined in the past as non-consensual sexual acts supported by surviving legal evidence (generally testimony from court trials), it is hard for historians to research rape and sexual violence under slavery (especially marital rape) as there was no legal standing for the rape of enslaved women or the rape of any woman within marriage. This article suggests enslaved women recognized that black men could both be perpetrators of sexual violence and simultaneously be victims of the system of slavery. It also argues women stoically tolerated being forced into intimate relationships, sometimes even staying with “husbands” imposed upon them after emancipation.     

Mediating the Good Life: Prostitution and the Japanese Woman's Christian Temperance Union, 1880s–1920s

This article examines how the Japanese Woman's Christian Temperance Union, in the name of promoting liberty and rights of women in their relations with men, constructed hierarchies to ascribe value to themselves through moral condemnation. The JWCTU used extramarital sex as a political issue to strengthen the position of the legal wife in the household as opposed to the concubine and prostitute. Their efforts to prohibit Japanese women from going abroad as prostitutes, while understood as an attempt to end a system of slavery that violated the inherent rights of Japanese womanhood, was actually a desire to regulate the behaviour of the poor. The JWCTU based its moral reform agenda on the importance of premarital chastity, strict monogamy and the obligation to work for the good of the nation. Its construction of prostitution as evil represents an important strand in the history of the relationship between prostitution and family as a socio‐political issue in modern Japan.     

‘Vague Native Rights to Land’: British Imperial Policy on Native Title and Custom in New Zealand, 1837–53

What is often referred to as a common law doctrine of aboriginal or customary title neither underpinned imperial policies towards Māori property rights in the 1830s and 1840s nor was it viewed as a settled or broadly accepted legal doctrine. Rather, critics of imperial policies applying to New Zealand deployed these legal sources in order to challenge and influence the workings of imperial policy on British settlement within New Zealand. The particular emphasis of such policy was on disciplining the extent of such settlement and providing a land fund from crown grants. Imperial policy-makers did not endorse these legal sources despite their use in the decision of the New Zealand Supreme Court in Regina v Symonds (1847). In this context, there was no consensual legal view or approach as to the nature or content of indigenous property rights. Ultimately, in the face of disagreement, diverse views of the nature and extent of Māori property rights persisted. The perceived non-justiciability of such rights meant that political spaces rather than the courts were of ongoing significance to characterising and debating such rights.     

Antebellum Southern Political Economists and the Problem of Slavery

This article seeks to contextualize the political economists of the antebellum South. The article analyzes them both as members of a transatlantic set of economic thinkers and as southern defenders of slavery. As such, they paired a commitment to the fundamental precepts of classical economics with a defense of chattel slavery. Some historians have claimed that the simultaneous commitment of the southern political economists to political economy and slavery compromised both their social science and their defense of slavery. In contrast, this article finds that the southern political economists exploited the gaps and tensions in classical political economy on the topic of unfree labor to build a coherent and popular economic defense of slavery. Key to the defense was a view of planters as profit‐seeking capitalists and a racism that necessitated the control of black laborers. In the process of developing the defense, some of the southern political economists championed the prospect of industrializing the economy of the South with surplus slave labor.     

Legal realism and human rights

This essay uses Schmitt's work to cast new light on the relevance of the American legal tradition known as ‘legal realism’ for the history and analysis of human rights. It does so by exploring several of Schmitt's most famous criticisms of international law and human rights, and then suggests how they might correspond with a widespread critical legal tradition in the 1920s and 1930s. This essay describes in detail two fundamental features of this tradition: historicism and realism. It concludes by suggesting that a return to some of these earlier law writers and texts might be a more substantive way to develop a constructive critical position in the fields of human rights and international law than an overreliance on the politically provocative (and problematic) rhetorical flourishes of Carl Schmitt.     

Resistance and the Rule of Law in Mexico

Judicial reform and promotion of the rule of law are at the very top of the political agendas of many developing countries. Moreover, in the context of democratization and a growing concern for human rights and citizenship, many social groups are prepared to use the law as a means to challenge the State. This article looks at how a group in Mexico used the law to resist the State's attempt to expropriate land for urban development. The law was used as a method of opposition as well as a symbol, by allowing the resistance to be represented in the form of ‘rights’. In so doing, the legal discourse exposed deeper concerns for justice, ethnicity and nationhood. The solution to the conflict, however, is shown to bear little relation to either the legal framework which structured the resistance or the legal principles which the confrontation sought to establish.     

Legal realism and human rights

This essay uses Schmitt's work to cast new light on the relevance of the American legal tradition known as ‘legal realism’ for the history and analysis of human rights. It does so by exploring several of Schmitt's most famous criticisms of international law and human rights, and then suggests how they might correspond with a widespread critical legal tradition in the 1920s and 1930s. This essay describes in detail two fundamental features of this tradition: historicism and realism. It concludes by suggesting that a return to some of these earlier law writers and texts might be a more substantive way to develop a constructive critical position in the fields of human rights and international law than an overreliance on the politically provocative (and problematic) rhetorical flourishes of Carl Schmitt.     

A wider Europe: the view from Minsk and Chisinau

The expansion of NATO and the enlargement of the EU will produce outside states in which perceptions and policies will be influenced by feelings of exclusion and isolation. Building on an earlier article published in International Affairs (January 2000) on Russia and Ukraine, this article analyses two countries 'inbetween' in which these feelings are particularly strong. Belarus and Moldova, two classic borderlands, are small, new states with borders not of their own choosing and little sense of identity. Their economies are in dire straits and each has a large problem that hampers European integration. For Belarus the problem is its president; for Moldova it is the separatist regime controlling 12 per cent of its territory. Based on elite interviews, opinion surveys and the analysis of focus group discussions, this article compares and contrasts the attitudes towards NATO and the EU in these two countries.     

The changing relationship between education and marriage in the United States, 1940-2000

In 1940, when gender specialization was high, there was a negative relationship between education and marriage for women. College-educated women were least likely to be currently married and most likely to be never married. Declines in specialization were accompanied by a transition in this relationship. By 2000, when gender specialization was low, there was a positive relationship between education and marriage for women. College-educated women were most likely to be currently married, in part because they were more likely to stay married or remarry after divorce or widowhood. This transition occurred earlier and more completely for black women than for white women. These changes suggest that the relationship between education and marriage is shaped in part by the gender-role context.     

The Advantages of Ambiguity? Development,Rule Formation and Property Rights During Transition in China

Legally protected individual private property rights and a constrained state are doctrines of neoclassical economics-derived development theory. But what about China? It lacks strong rule of law, property rights can be collective, contested and ambiguous, and the state is relatively unconstrained and maintains a central role in the economy; yet it has seen impressive economic growth to take it to the world’s second largest economy. I argue that in the absence of legal/rational protections of individual property rights, political and social networks can provide alternative methods of property protection, allowing for economic development – with political protection substituting for legal. The novel claim I make is that ambiguity of property rights can provide opportunities and spaces for development and innovation, with the building of meaning and institutions found in a transitional state, where rules are unclear and contested, and where formal rules can “catch up” if apparent success can be demonstrated.     

新中国妇女地位的历史巨变

新中国废除了一切歧视、压迫妇女的法律,并赋予女子同男子平等的法律地位,妇女的地位发生了翻天覆地的变化,主要表现为:妇女的政治地位明显提高;妇女获得了经济独立权;妇女受教育水平不断提高;妇女的婚姻家庭地位明显提高;妇女的特殊权益受到保护。虽然受社会发展水平的制约和旧观念的影响,中国妇女的状况还有许多不尽如人意的地方,我们仍然相信未来中国妇女的地位将会更上一层楼。     

When the personal becomes political: using legal reform to combat violence against women in Ethiopia

This article focuses on Ethiopia's first civil society organisation, the Ethiopian Women Lawyers Association (EWLA), which has been campaigning for legal reform to secure women's rights and address violence against women. Implementing legal changes to benefit women in Ethiopia is impeded by difficulties in using the formal legal system, by poverty and deeply embedded gender inequalities, by plural legal systems, and by entrenched cultural norms. However, the article argues that the most significant challenge is the increasing degree of authoritarianism in Ethiopian state politics, that this is crucial in determining the space for activism, and that this shapes the successful implementation of legal change. The research shows how women's activism around personal rights challenges public/private and personal/political boundaries and can be seen as a political threat by governments in contexts where democracy and rule of the law are not embedded, leading to repression of women's activism and hindering the implementation of measures to protect women's rights when states become more authoritarian. Little is known empirically about the impact of democratisation on the implementation of measures to protect women's rights in Africa. This article shows how the emergence of democracy and legal reform intersects with the emergence of women's rights, especially with respect to gender-based violence. It shows how trying to secure women's personal right to be free from violence through the law is profoundly political and argues that the nature of democratisation really matters in terms of the implementation of measures such as legal changes designed to protect women's rights.