Through the Eyes of the Abolitionists: Free Association and Anti-Slavery Expression

When the rights of a private association conflict with the rights of an individual, which have priority? A series of twentieth century free association cases from the Supreme Court of the United States have focused on this issue, but the historical roots trace back as early as the mid-nineteenth century. This historical case study explores the concept of free association in the context of the American abolitionist movement. Specifically, it focuses on abolitionist leader Charles Osborn, whose struggle with the Society of Friends provides one example of how a private threat to expressive association played out prior to the Civil War. Osborn's case sheds light on the historical roots of the tension between individual and organizational expression in the private realm. It also adds a richness of detail to our broad social and political understanding of the right of association, and suggests that this area may be ripe for further historical inquiry.     

Racially Restrictive Covenants—Were They Dignity Takings?

Racially restrictive covenants—subdivision rules or neighborhood agreements that “run with the land” to bar sales of rentals by minority members—were common and legally enforceable in the United States in the first half of the twentieth century. In spite of their demeaning character, these racial covenants took away opportunities from excluded minorities, rather than things, and thus they amounted to something less than the dramatic “dignity takings” that Bernadette Atuahene (2014) describes in her new book on dignity takings in South Africa. In this article, I explore some significant ways in which racially restrictive covenants differed from dignity takings as Atuahene defines them, as well as the shadowy similarities between racial covenants and Atuahene's dignity takings; I focus here on the dimensions of dehumanization, state involvement, and property takings. I conclude with a discussion of remedies, particularly considering measures that restore dignity through both public policies and private actions.     

Ideological dimensions of the “Balkan Family Pattern” in the first half of the 20th century

This article deals with family ideology and family ritual processes in the Central part of the Balkans, in the mountainous part of the Bulgarian–Serbian border areas, during the second half of the nineteenth and the early twentieth century. Celebration rituals, dedicated to the patron saints of family-kin households (Serbian slava and Bulgarian sluzhba), have been described as an “ideology of patriarchalism” in ethnological and historical literature, based on the cult of predecessors. Ethnographical research in this region has shown the prominent social functions of the ritual cycle that built cohesion in the family-kin community, rather than archaism. Based on historical and ethnological data, and on ethnographic fieldwork in Western Bulgaria and Eastern Serbia, this contribution shows how the Orthodox cycle of celebrations and rituals was practiced in a family-kin environment during the first half of the twentieth century. The analysis focuses on how family rituals built family ideology, which kept its integrative functions even during the decades of socialism.     

Reclaiming the Power to Punish: Legislating and Administrating the California Supermax, 1982–1989

This article examines how increasingly punitive prison conditions, epitomized by the birth and spread of the supermax prison, developed in the United States. This analysis builds on a growing literature about the “new punitiveness” of U.S. punishment policy and its global proliferation. This article shifts the focus away from the policies that have led to increasing rates of incarceration, however, and toward the policies that have shaped the conditions of incarceration. Drawing on archival research and more than 30 oral history interviews with key informants, I examine the administrative and legislative processes that underwrote the supermax innovation in California in the 1980s. During California's late twentieth‐century prison‐building spree, prison administrators deployed multiple rhetorics of risk to extend their control over conditions of confinement in state prisons. As the state invested billions of dollars in prison building initiatives, legislators, who were focused primarily on building prisons faster, ceded authority over prison design and conditions to prison administrators. In the end, rather than implementing legislative policy, prison administrators initiated their own policies, institutionalizing a new form of “supermax” confinement, pushing at the limits of constitutionally acceptable practices.     

Creating the Reasonable Child: Risk,Responsibility, and the Attractive Nuisance Doctrine

In common law, trespassers could not sue for injuries. In the early 1870s, however, courts exempted child trespassers injured by industrial machinery from this rule. The development of the hotly contested “attractive nuisance” doctrine illustrates turn‐of‐the‐twentieth‐century debates about how to allocate the risk of injury from industrial accidents, which linked responsibility to the capacity to understand danger and to exert self‐control. Although at first courts in attractive nuisance cases perceived children as innocent, irrational “butterflies,” they gradually reconceived child plaintiffs to be rational, risk‐bearing individuals, a change reflected and accelerated by the Safety First campaign launched by railroad corporations. This reframing of children's ability to bear risk created the standard of the “reasonable child,” which transferred responsibility for industrial accidents to children themselves. Although by the 1930s the attractive nuisance doctrine had been widely accepted, in practice the “reasonable child” standard posed a difficult hurdle for child plaintiffs to overcome.     

The Judicialization of Religion

Throughout the second half of the twentieth century, one Muslim‐majority country after another adopted constitutional provisions meant to incorporate Islam into the legal order. In what is now a familiar pattern, leaders sought to harness the legitimating power of Islamic symbolism. But rather than shore up state legitimacy, these provisions opened new avenues of contestation. In countries where judicial institutions are robust, religion of the state clauses have helped to catalyze a “judicialization of religion,” wherein courts were made to authorize an “official” religion and/or render judgment on the appropriate place for religion in the political order. This study theorizes one aspect of the judicialization of religion through the illustrative case study of Malaysia. The study examines how shifting political context provided opportunities for activist lawyers to advance sweeping new interpretations of Malaysia's Religion of the Federation clause and, with it, a new vision for state and society.     

Electrocution and the Tar Heel state: The advent and demise of a southern sanction

During the latter decade of the nineteenth century and early decades of the twentieth century, adoption of the electric chair spread rapidly from the North, down the eastern seaboard, and throughout the Deep South States. The method of execution was hailed as technologically advanced, and proved to be the most prevalent means of execution in the twentieth century. In 1909, North Carolina became the sixth state in the nation to adopt the new method, which would later stand as a cultural icon of southern punishment. In 1935, the state oddly abandoned the method, and shifted to lethal gas, a method that until that time had only been employed in a few western states. While North Carolina’s violent crime rates and yearly executions rivaled those of the Deep South during the 1920s and 1930s, the state’s political and social climate would directly lead to the demise of a cultural artifact that became synonymous with the institution of southern justice.     

Media Coverage of Capital Murder: Exceptions Sustain the Rule

Scholars have demonstrated that prominent media coverage of crime shapes the creation of public policies. More subtly, such coverage can also sustain existing policies. In this paper, we ask: which capital crimes captivate the media and thus sustain popular support for the death penalty? To answer the question, we examine newspaper coverage of capital murders that occurred in Harris County (Houston), Texas between 1992 and 1999. Our findings reveal that prominent media coverage presents a distorted reality in which brutal crimes tend to be committed by minority offenders against vulnerable, “worthy” victims. Thus, the public mandate for capital punishment is sustained by atypical crimes that conform to existing cultural templates about criminal threat and victimization.     

The politics of race and juvenile justice: The “due process revolution” and the conservative reaction

Through the prism of race, this article analyzes the social structural and political context of juvenile justice law reforms over the past half century. Throughout the 1950s and 1960s, the Supreme Court imposed national legal and equality norms on recalcitrant southern states that still adhered to a segregated Jim Crow legal regime, and these norms provided the impetus for the Supreme Court's juvenile court “due process” decisions in the 1960s. The article then analyzes sociological, criminological, racial factors, media coverage, and political dynamics of the 1970s and 1980s that contributed to the “get tough” legislative reformulation of juvenile justice policies in the 1990s. During this period, conservative Republican politicians pursued a “southern strategy,” used crime as a code word for race for electoral advantage, and advocated “get tough” policies, which led to punitive changes in juvenile justice laws and practices and have had a disproportionate impact on racial minorities.     

Antinomies and the Automobile: A New Approach to Criminal Justice Histories

In the twentieth century, the antinomy of freedom and coercion served as the dominant paradigm for understanding issues of crime and punishment. Roscoe Pound in Criminal Justice in America (1930) and Herbert Packer in The Limits of the Criminal Sanction (1968) described a tension between the values of individual liberty and general security to explain the problems with the justice system and the public's disagreements over their solution. Historians of twentieth‐century criminal law have also adopted this framework to explain causation and change. This essay argues that an antinomic perspective of criminal justice history, while useful, has obscured important historical questions. A focus on social changes, such as the transformations that the automobile brought about in the commission of crimes and police practices, instead of on contrasting values, offers a different account of how proceduralism became inextricably tied to notions of American freedom in the twentieth century. This approach also historicizes the “paradigm of antinomies” and shows how people in the past, like Pound and Packer, mobilized dualistic thinking, which shaped a criminal legal culture based on an antagonism—both real and perceived—between citizens and law enforcement.     

The fertility decline in the Dutch province of Limburg, 1880–1960: On understanding historical actors in a constrained environment

The Dutch province of Limburg is mentioned in the European Fertility Project studies because of the fact that its fertility was remarkably high well into the twentieth century and declined only gradually. This article explores the structural background of changes in reproductive behavior in Limburg. The province is economically differentiated in industrial areas and traditional agricultural regions. Also, there is a clear cultural heterogeneity. Using data at the community level, the article analyzes of the economic motivation as well as of the mental acceptation of the introduction of neoMalthusian behavior. The results show that we are better able to explain the variance in behavior as the twentieth century proceeds, and that the factor “economy” appears to be the best predictor, although the effects of a cultural filter become evident.     

Death as a Penalty and the Fantasy of Instant Death

In this essay I take up the question of how death can be a penalty, given that each of us will eventually die. I argue that capital punishment in the United States rests on contradictory demands for painless death delivered humanely through pharmaceuticals and yet denies the accused the possibility of natural death. The death penalty must be at once humane and punishing. Analyzing what we mean by ‘botched’ executions, along with the language of the Supreme Court in upholding lethal injection as a humane application of the death penalty, I argue that the fantasy of instant death is at the heart of the tension between death as painless and death as penalty. In the end, I turn to Derrida’s Death Penalty Seminar Volume One, particularly his discussion of Kant’s defence of the capital punishment, and the pivotal role of time in his discussion. Finally, I suggest that the fantasies of instantaneous death and our technological mastery of it result in the fantasy of the ‘good’ punishing death.     

Troubled Children and Children in Trouble: Redefining the Role of the Juvenile Court in the Lives of Children

This Essay considers the emerging research in the area of dual‐jurisdiction children, often referred to as “crossover kids”—those currently or previously involved in maltreatment proceedings who have also committed delinquent acts. Part I describes the development of the juvenile courts in the early twentieth century. Part II of this Essay questions the need to “track” children along one legal path or another and points to the pitfalls of providing services to some children through a criminal justice paradigm instead of treating all children through a social work paradigm. Finally, Part III advocates a redesign of the juvenile court—a return to its roots—to better enable a court to consider the needs of the whole child, in context with the needs of her/his family.     

DEVELOPMENT AND FRACTURE OF A DISCIPLINE: LEGACIES OF THE SCHOOL OF CRIMINOLOGY AT BERKELEY

In the early twentieth century, the University of California—Berkeley opened its doors to police professionals for instruction in “police science.” This program ultimately developed into the full‐fledged School of Criminology, whose graduates helped shape American criminology and criminal justice until well into the 1970s. Scholarship at the School of Criminology eventually fractured into three distinct traditions: “Administrative criminology” applied scientific methods in pursuit of refining law enforcement practices, “law and society” coupled legal scholarship with social scientific methods, and “radical criminology” combined Marxist critiques of the state with community activism. Those scientific traditions relied on competing epistemic premises and normative aspirations, and they drew legitimacy from different sources. Drawing on oral histories and archival data permits a neo‐institutional analysis of how each of these criminological traditions emerged, acquired stability, and subsided. The Berkeley School of Criminology provides fertile ground to examine trends in the development of criminal justice as a profession, criminology as a discipline and its place in elite universities, the uncoupling of criminology from law and society scholarship, and criminal justice policy's disenchantment with the academy. These legacies highlight how the development of modern criminology and the professionalization of American law enforcement find precedent in events that originate at Berkeley.     

The things a man once saw (and was): an appreciation of Richard Quinney

Richard Quinney ranks among the noted criminologists of the twentieth century, especially among progressives. He is also a photographer of note, drawing on scenes from his native Wisconsin to reflect his deep inner life. Things once seen, published in 2009 by Borderland Books, is a 40‐year retrospective of his photographic work. It is a deeply religious work that celebrates the requirements of life lived by a “radical realism”. In June 2009 Doctor Quinney was presented with the Sullivan–Tifft Vanguard Award at the annual meeting of the Justice Studies Association.     

The age of war orphans: Construction and realities of a group of state wards between education and assistance (1917–1935)

At the beginning of the twentieth century there was a great diversity in the definition of “legal age” in France. The age of entrance into institutions for orphans, for example, varied greatly throughout the country. In 1917 a special status was introduced specifically for French war orphans that was unique in Europe—that of state ward. Having that status, a child was entitled to help in relation to needs over the life cycle. Orphans received assistance until they reached the age of majority. With time, the aging of these war orphans engendered new difficulties in the organization of assistance, notably because of the increase in the numbers of adolescents in need of higher subsidees. The debt contracted by the state on behalf of orphans who were “victims” of the service rendered by their fathers, met with resistance from various conflicting interests and financial realities.     

Perpetuating myths of women as false complainants in rape cases in India: culture V. The law

ABSTRACT

Despite public outrage over our global “rape culture,” sexual offences continue to be characterised by low levels of reporting, prosecution, and conviction in many countries. Attrition rates for sexual assault internationally, although varying in pattern, are consistently high. As a signatory to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Declaration on the Elimination of Violence against Women (DEVAW), the Indian Government acknowledges the need to afford better protection to victims of gender violence. Assessing the effect of rape law reform in India, using crime statistics and a survey of recent judgments from the Delhi District Courts, the author argues that the legislature has failed systematically to address the many injustices experienced by women who allege rape. The Indian Parliament responding to the moral panic generated by the Delhi gang rape case with knee-jerk reforms, focused mainly on increasing penalties, maintaining an outmoded view of rape as a crime against morality rather than as a violation of gender rights and human rights. By closely investigating the sociocultural context in which sexual crimes against women occur in India, the author reveals that India’s “cultural” arguments for rejecting further reform (such as repeal of the marital rape immunity) are merely entrenched gender biases, bearing strong parallels to nineteenth century English common law perceptions of women who allege rape as a class of false complainants.     

We were conscious of the sort of people we mixed with

In the Republic of Ireland, the family is both a private entity and a construct of the state, and the relationship between family and state is outlined in the Irish constitution. In the Northern Irish state a similar conviction that the family unit is essential to the welfare of society has been implicit in social policy and legislation, as has the classification of women's place. Access to financial resources has played a significant role in situating the family in society and income and social class were inextricably interwoven.

This paper explores how social attitudes have shaped family behaviour and identity in mid twentieth century Ireland, particularly in terms of the part played by women. Class consciousness and definitions of “respectability” are considered, using oral history testimony from a number of women remembering when they were young in the 1930s and 40s. The interviewees accepted the domestic role assigned to them by popular consensus and social policy. Their stories contain frequent references to their reluctance to associate with people whose occupations were judged to be inferior because of the lower status accorded to certain kinds of work. The paper will consider the extent to which legislators and policy makers shared such class awareness and how that might have influenced the shaping of the family unit in Ireland in the middle decades of the twentieth century.     

From Ahogado to Zorrillo: external causes of mortality in the California missions

The history of grandparents is too often founded on a demographic prejudice, that is, the very low statistical possibility of children having known their grandparents before the rise in life expectancy in the twentieth century. On the basis of a sample of several thousand children bom in the region of Vernon (Normandy) at the end of the eighteenth and the beginning of the nineteenth century, the article contests this idea and shows that newborns knew about half of their grandparents, with a slight advantage on the grandmothers' side. Inequalities were present between elder and younger siblings, but the latter also profited from the presence of their forbears. Consequently, the study of the different functions served by grandparents in the traditional family should be pursued, and questions should be raised about the contemporary concept of “new grandparents” by separating it from the demographic assumption on which it is based.     

Are grandparents really absent from the family tradition?: Forbears in the Region of Vernon (France) around 1800

The history of grandparents is too often founded on a demographic prejudice, that is, the very low statistical possibility of children having known their grandparents before the rise in life expectancy in the twentieth century. On the basis of a sample of several thousand children bom in the region of Vernon (Normandy) at the end of the eighteenth and the beginning of the nineteenth century, the article contests this idea and shows that newborns knew about half of their grandparents, with a slight advantage on the grandmothers' side. Inequalities were present between elder and younger siblings, but the latter also profited from the presence of their forbears. Consequently, the study of the different functions served by grandparents in the traditional family should be pursued, and questions should be raised about the contemporary concept of “new grandparents” by separating it from the demographic assumption on which it is based.