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This article analyses arguments used in an 1866 Brazilian freedom suit to highlight a substantive legal perspective. Historians of Brazilian slavery law have given attention to the politics of freedom suits, largely disregarding the role of law in their origins, developments, and outcomes. By looking at legal arguments, we show how law and political views mutually framed each other. We focus on the impact of 19th century legal modernizations in the distinction and contradictions between the law of status and property law, the legal translations of freedom, and the uses of arguments based on codes, natural law, and pragmatic considerations about the judiciary's role in a slave society. This is a micro-history of a suit that, with the help of other 19th-century freedom suits and legal doctrine, allows us to move up and down different historical scales to understand law's centrality in the political perpetuation and demise of slavery in Brazil.
Early one Sunday in 1948, Frederic Vercoe set out from his home in San Marino, California, for a speaking engagement in downtown Los Angeles. Perhaps he took the Arroyo Seco Parkway, which had opened for drivers 8 years before, linking the city more tightly with its “vast agglomerate of suburbs.” Although the roads may have changed, Vercoe had been making some version of this commute for decades. He had recently retired after a long career with the Los Angeles County Public Defender—13 years as a deputy, followed by 19 years as head of the office—and now maintained a small private law practice downtown. Many mornings, Vercoe would have had business at the Hall of Justice, the ten-story box of “gray California granite” that housed the jails and courtrooms. On this particular morning, he was headed instead to Clifton's Cafeteria at Seventh Street and Broadway. Perhaps, as he drove the dozen miles west into the city, he admired the “geraniums, cosmos, sweet peas, asters and marigolds” that lined the “gardens, parkways, and driveways,” or perhaps he was used to the foliage by now. Vercoe had lived in California for more than 30 years, making him, by West Coast standards, a real “old-timer.”
Justice Frank Murphy once wrote that two aspects of World War II could only be forgotten at our peril. One was the indiscriminate incarceration of Japanese aliens and Japanese Americans. The other was 4 years of martial law in Hawai'i. We have cried “Never Again” to the first but forgotten the second. Therefore, it is at long last that the legal scholars Harry and Jane Scheiber have excavated why and how an unprecedented military rule occurred and how stubbornly it clung to power.
In the wake of the Civil War, Columbia Law School professor Francis Lieber, architect of some of the Lincoln administration's most important legal strategies, set out to write a definitive text on martial law and the emergency power. Lieber's text would have summed up his view of the legal lessons of the Civil War. Lieber died in 1872, leaving an unfinished manuscript to his son, Guido Norman Lieber, soon to become the Judge Advocate General of the Union Army. Norman Lieber worked on the manuscript but never finished it. Hidden deep in the younger Lieber's papers in the National Archives, the manuscript summarizes a strand of thinking about constitutional emergencies that first emerged in the controversies over slavery, then animated Emancipation and the broader legal strategy of the Lincoln White House, before running headlong into the post-war backlash signaled by the Supreme Court's 1866 decision in Ex Parte Milligan. Building on debates over martial law in Anglo-American empire, the Liebers’ thinking embraced a forceful but constrained approach that made a cabined form of necessity the central principle of emergency governance in the modern state.
This research investigates the morpho-syntactic behaviour of the Arabic complementizer ʔinn in a range of Arabic varieties (Modern Standard Arabic, Jordanian Arabic, and Lebanese Arabic). It essentially argues that this complementizershares (notdonates orkeeps, pace Ouali 2008, 2011) its unvalued $\unicode[STIX]{x1D719}$-features with its complement $\text{T}^{0}$, something that makes ʔinn and $\text{T}^{0}$ separate agreeing heads. An inflectional suffix attached to ʔinn is treated as a PF reflex (i.e. an overt morphological realization) of valuation of ʔinn’s unvalued $\unicode[STIX]{x1D719}$-features or lack thereof. This research also argues that the occurrence of such an inflectional suffix is ruled by the postulated Agree Chain Record, an interface condition that demands an Agree relation to have a PF reflex, called a Record (i.e. an overt Case marking on the goal or, if not, a $\unicode[STIX]{x1D719}$-affix on the probe). This way, we account for the complementary distribution of overt Case and $\unicode[STIX]{x1D719}$-Agree in Arabic. We also show how a host of other phenomena, including word order agreement asymmetries in Modern Standard Arabic and lack of such asymmetries in Arabic vernaculars, fares well with this view.
This article assesses the sociolinguistic impact and importance of the other articles in this special issue on Paris, considering three main themes that are evoked. First, the contribution of the articles here to the development of work on language variation and change on Hexagonal French within the variationist paradigm. Second, I address what I see as the important contribution made to our understanding of the ‘city’ as a sociolinguistic site. Finally, I focus on ethnicity as a social construct in recent variationist work in cities and consider what the articles here, and in comparison with cities elsewhere, add to our understanding of the impact of immigration on local manifestations of language variability. In each case, I attempt to show how these articles foreground or even problematize these three issues, and provide a prospectus for further research that can address unresolved questions.
This article presents the results of a corpus study of prosodic rhythm in the urban vernaculars of 24 female and male adolescents featured in the MPF corpus (Gardner-Chloros et al., 2014). Using canonical rhythm metrics, among them the normalized Pairwise Variability Index (nPVI), we show that there is no clear effect of gender and only a small effect of cultural background on the variability of adjacent vocalic and consonantal duration intervals, typically correlated with more or less syllable-timed rhythm. However, female and male teens with multicultural background who clearly dominated their conversational exchanges with their peers and also used multiple phonetic features attributed to adolescent urban-vernaculars in French tended to show more variability in interval durations, pointing to more stress-timed rhythm. We discuss these findings in comparison with other urban contact varieties in Europe and North America. We speculate that rather than the leveling of phonological contrasts, as in London English, or societal pressures to conform to monolingual norms, as in French spoken in minority contexts in Ontario, Canada, rhythm-type differences in the present corpus are tied to speakers’ allophonic repertoires and best thought of as elements of interactional styles.
We analyse genre in the speech of young people with multi-ethnic friendship groups in Paris in order to address the as yet unresolved question of whether new quotatives equivalent in meaning to English BE LIKE result from simultaneous independent parallel developments in languages other than English or from a process of calquing. We conclude that French quotative genre results from independent internal developments, but that it enters the French quotative system in the same way that BE LIKE entered the English system, driven by the meanings of ‘similarity’ or ‘approximation’ that are shared by the lexical item genre in a range of syntactic categories. We propose that in order for a new similarity quotative to emerge, a lexical item with a meaning of ‘similarity’ or ‘approximation’ must become syntactically multifunctional, and that the use of that lexical item must reach a critical frequency threshold. In the case of genre we suggest that the necessary increase in frequency results from the development of the lexical item into a discourse marker. We also analyse another new French quotative, ETRE LA, a sequence that we find is used to highlight activity of many kinds (including, but not confined to, spoken behaviour). The trajectory followed by each of the new quotative expressions conforms to De Smet's proposals about how linguistic innovations spread through the grammar.
This article will review the parameters of a grammatical variable within the putative variety ‘Multicultural Paris French’, i.e. its distribution and use within a group of young banlieue speakers. The structure in question stands out as it has rarely been found in previous corpora in France: indirect questions following verbs like savoir, where the question word is post-verb (je sais pas il a dit quoi). We discuss which groups use the new forms in Paris, referring briefly to some comparable changes in London. This structure appears to be an instance of ‘change from below’ (Labov, 2007), which seems to have emerged in the speech of young people of immigrant background. It might also, on the other hand, be a long-standing vernacular variant, which has re-emerged, with specific identity-related significance, in this particular group of speakers. Its exceptional character in the Paris context highlights a lack of evidence for the emergence of a more wide-ranging, distinct multiethnolect, as found in London and other European capitals.