“Oral Tradition” as Legal Fiction: The Challenge of Dechen Ts’edilhtan in <Emphasis Type="Italic">Tsilhqot’in Nation v. British Columbia</Emphasis>

Often understood as synonymous with “oral history” in Indigenous title and rights cases in Canada, “oral tradition” as theorized by Jan Vansina is complexly imbricated in the European genealogy of “scientific history” and the archival science of Diplomatics with roots in the development of property law and memory from the time of Justinian. Focusing on Tsilhqot’in Nation v. British Columbia, which resulted in the first declaration of Aboriginal title in Canada, this paper will discuss Tsilhqot’in law (Dechen Ts’edilhtan) in the context of the court’s deployment of Vansina’s theory and its genealogy, and conclude that “oral tradition” functions as a legal fiction enabling the court to remain in the familiar archive of its own historiography while claiming to listen to the Elders.     

Criminal Justice System Involvement Among Homeless Adults

This study characterized the specific offenses for which homeless individuals are arrested and incarcerated. Data were gathered from 581 homeless adults across 6 Oklahoma City shelters. Participants were asked to self-report incarceration history, nights spent in jails and prisons, and the offenses for which they were arrested. Overall, 76% of the sample had ever been arrested. Fifty-seven percent of the sample had been to jail more than 3 times in their lifetime and 13% had ever intentionally been arrested. The most prevalent type of arrest was drug possession (35%), followed by driving under the influence (31%) and disorderly conduct or public drunkenness (28%). Violent arrests, such as assault, robbery, domestic violence, murder, and rape, were the least prevalent type of arrest. In summary, offenses were largely drug and status offenses. These offenses may be prevented through increased substance use treatment accessibility and availability of housing. Policies to increase employment and housing for homeless adults regardless of criminal history should be expanded to reduce the occurrence of justice involvement.     

The sins of the father: The destruction of the Republican family in Franco's Spain

The postwar years in Spain were little more than the perpetuation of the Civil War on an ideological terrain, as the Franco Regime consistently vilified the memory of the Second Republic and remorselessly persecuted the defeated Republicans. In fact, nationalist diatribes against communism and its attendant ills of separatism and laicism were invariably expounded in medical terminology, referring as they did to the “cancer” and “virus” which had devastated the nation during the Civil War. This empirically unverifiable theory sustained that a large scale extermination (the Civil War) had to be carried out to rid Spain of this “virus” thus preempt the contagion of this fervently Catholic and patriotic nation. Horkheimer affirms that the family is the microcosm of the fascist state, as the relationship between siblings and parents replicates the obedience of the citizen to the fascist state. As Republican traits were at antipodes to the prescribed national attributes, the Francoist State sought to destroy the Republican family by a myriad of measures such as the inculcation of a zealous National Catholicism in their children, which in turn precipitated both selfhatred and the children's outright rejection of their parents. However, the social persecution of the defeated transcended indoctrination: in the postwar years, the horrendousness of life for the Republicans was compounded by the State's quasi reconversion policy, which resulted in Republican children being forcibly removed from their homes, and been adopted by pro-Francoist families, or in many cases, rehoused by religious orders which, within a decade, witnessed a huge increase in the number of supposed orphans becoming seminarists. In this article, I intend to elaborate on both the means by which the Francoist State eradicated the Republican family, and its long-term consequences.     

Theorising The Everyday

This article reflects on the gender politics integral to theories and cultural histories of the everyday in the contemporary Humanities and (to a lesser extent) Social Sciences. Since the 1990s feminist scholars have observed the gender bias integral to many canonical twentieth-century theories of the everyday. In spite of these observations, I suggest that much everyday life theory and recent studies that map a cultural and intellectual history of the everyday continue to reflect this gender bias. I suggest that one possible reason for this is women’s historical exclusion from the realm of theoretical discourse broadly conceived, and propose that in order to trace alternative critiques and histories of the everyday feminist scholars need to look to alternative modes of cultural and discursive production—for example, literature, the essay and art—through which to trace implicit and explicit analyses of the everyday by women. The second part of the article turns to the work of the twentieth-century photographer Dorothea Lange as a case in point. While Lange’s work has never been discussed in studies of the everyday, the concept underpins her practice and her work offers some suggestive points of comparison to approaches to the everyday both in Lange’s time and in contemporary theory. Focusing on her little-known essays ‘Documentary Photography’ and ‘Photographing the Familiar’ and some of her images of rural California during the Depression years, I examine her account of the role of the ‘familiar’ and everyday to the social, aesthetic and ethical potential of documentary photography as a medium at the time.     

Experimental criminology: looking back and forward on the 20th anniversary of the Academy of Experimental Criminology

Journal of Experimental Criminology - This article summarizes key points made in a panel at the American Society of Criminology (ASC) meeting in Atlanta in November 2018, entitled “20th...