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Critiques of women's history based on intersectional analysis have demonstrated the importance of recognising differences between women and the perils of assuming commonality of experience based on gender. The idea that we can treat women as a group in some meaningful way is further complicated in medieval legal history by the fact that women's legal entitlements differed depending on their marital status. This paper examines women's experiences of the law in the English colony in late medieval Ireland. It argues that, despite the importance of ethnicity, social status and marital status in shaping different women's experiences of the law, gender played a significant role in their legal arguments and the ways in which juries and justices perceived them. Women's experiences at law were influenced in myriad ways by shared societal assumptions about their vulnerability and subordination to men. These assumptions influenced women regardless of the many social divisions and circumstances that made each woman unique. This study finds, therefore, that ‘women’ is a legitimate and productive category for historical research in the late medieval legal context but urges historians to interrogate more robustly why ‘women’ is an appropriate analytical category for their specific historical questions.
This article contributes to the study of the globalization of science through an analysis of Ahmed Cevdet's nineteenth-century translation of the sixth chapter of Ibn Khaldun's (d. 1406) Muqaddimah, which deals with the nature and history of science. Cevdet's translation and Ottomanization of that text demonstrate that science did not simply originate in Europe to be subsequently distributed to the rest of the world. Instead, knowledge transmitted from Europe was actively engaged with and appropriated by scholars, who sought to put that material within their own cultural context in a manner that could serve their own intellectual and practical needs. Cevdet's case is particularly interesting because it demonstrates that (1) Islamic conceptions of human nature, the soul and the nature of knowledge provided particularly fertile soil in which empiricist and positivist traditions could take root, and (2) aspects of modern science – specifically its ostensive separation from metaphysical debates – made it more attractive to Islamic theologians than was, for example, the work of Aristotelian philosophers. Through an exploration of Cevdet's career and a close analysis of his historiographical treatment of Ibn Khaldun's account of sciences, this article foregrounds the agency of non-Europeans in the late nineteenth-century circulation of scientific knowledge.
During the 1830s, the Bushranging Act and the Vagrancy Act were crafted to prevent crime, revolt and insurrection in the colony of New South Wales. These statutes contained exceptional methods to police and control colonial populations and suspended legal safeguards designed to protect the population from abuses of power. Supporters of the laws argued that extreme measures were necessary due to the emergency of the occasion. Understanding the Bushranging Act and the Vagrancy Act’s enactment and operation, as well as the purposes they were designed to serve and the liberties they infringed to achieve these ends requires attention to local circumstance. A fine-grained analysis, rooted in the peculiarities of life in colonial New South Wales and anchored by the law’s operation on the ground is needed to understand the malleability of British law at this place and at this time. In this article, I argue that rather than a select criminal contingent, the New South Wales’ authorities increasingly feared that the composition of the colony threatened their colonial enterprise. The Bushranging Act of 1830 and the Vagrancy Act of 1835 contained wide coercive and discretionary powers to mitigate the extent of this threat.
According to the influential disrespect account of what paternalism is, and why it is wrong, paternalism involves an anti-egalitarian, disrespectful attitude on the part of the paternalist: X (the paternalist) assumes an attitude of superiority when interfering in Y's matters for Y's good. Pace this account, the article argues that an important, although somewhat overlooked, form of paternalism is not, all things considered, insulting. This form of paternalism focusses on people's occasional lack of appropriate self-respect or their failure to see themselves as equals or to stand vis-à-vis others as such.