Literatura académica sobre el tema "Legal muting"
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Artículos de revistas sobre el tema "Legal muting"
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ESTELLA, Antonio. "The ‘Muting’ of the Stability and Growth Pact". Cambridge Yearbook of European Legal Studies 23 (3 de noviembre de 2021): 73–90. http://dx.doi.org/10.1017/cel.2021.6.
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AbstractThis article proposes the “muting” of the SGP, the framework of rules that the EU has implemented since the coming into being of the European Monetary Union in the fiscal domain. It is argued herein that the system is far from being credible, from the perspective of the law-as-credibility paradigm. Therefore, the legal condition of the SGP should be “muted”. Three proposals to legally mute the SGP are examined in this article. The Open Method of Coordination is used as a useful model that could be followed from now on in the EU fiscal field. The gains in terms of legal credibility would argue in favour of the muting of the SGP and its correlative conversion into an OMC-like system.
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Edelman, Lauren B., Allen Micheal Wright, Calvin Morrill, Karolyn Tyson y Richard Arum. "The power of the accused: rights mobilization and gender inequality in school workplaces". Law & Society Review 58, n.º 3 (septiembre de 2024): 415–51. http://dx.doi.org/10.1017/lsr.2024.23.
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AbstractLaw and society scholars have long studied rights mobilization and gender inequality from the vantage point of complainants in private workplaces. This article pursues a new direction in this line of inquiry to explore, for the first time, mobilization from the vantage points of complainants and those accused of violating the rights of others in public-school workplaces in the United States. We conceptualize rights mobilization as legal, quasilegal, and/or extralegal processes. Based on a national random survey of teachers and administrators, and in-depth interviews with educators in California, New York, and North Carolina, we find an integral relationship between gender inequality and experiencing rights violations, choices about rights mobilization, and obstacles to formal mobilization. Compared to complainants, those accused of rights violations – especially male administrators – are more likely to use quasilegal and legal mobilization to defend themselves or to engage in anticipatory mobilization. Actors in less powerful status positions (teachers) most often pursue extralegal mobilization to complain about rights violations during which they engage in rights muting as a means of self-protection; when in more powerful status positions, actors use rights muting as a means of self-protection and to suppress the rights claims of others. This paper concludes with implications for future research on rights mobilization in school workplaces amidst changing political and demographic conditions.
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Pugach, Dana, Anat Peleg y Natti Ronel. "Lingual injury". International Review of Victimology 24, n.º 1 (2 de octubre de 2017): 3–23. http://dx.doi.org/10.1177/0269758017730199.
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This qualitative, phenomenological study conducted in Israel consisted of interviews with 14 close relatives of murder victims whose cases generated media interest. The research offers a comprehensive view of the endeavors of the participants to be heard in both the criminal justice system and the media. The findings indicate that despite the growing recognition of co-victims’ rights and media attention to their narratives, both the justice system and the media disappoint these victims and largely fail to respond to their need to convey their messages. The participants experienced ‘lingual injury:’ the repudiation and muting of their own language in favor of professional jargon. Lingual injury is an innovative concept that describes particular aspects of secondary victimization; it contributes to the existing literature by enabling a detailed mapping of co-victims’ simultaneous difficulties in the interplay between the criminal justice system and the media. It highlights the need for developing professional tools, both legal and victimological, to alleviate this situation.
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Domhnaill, Ruairí Ó. "Curragh mutiny in historical and legal perspective". RUSI Journal 149, n.º 1 (febrero de 2004): 80–84. http://dx.doi.org/10.1080/03071840408522988.
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Blakemore, Richard J. "Mutiny on Trial: Law and Order among Seventeenth-Century Seafarers". Past & Present 265, Supplement_17 (30 de octubre de 2024): 72–107. http://dx.doi.org/10.1093/pastj/gtae031.
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Abstract This article offers a new interpretation of mutiny, and of the ways in which this concept was defined and implemented in maritime law during the seventeenth century. It particularly focuses on British seafarers and the evidence surviving in the papers of the English High Court of Admiralty, placed in a comparative perspective with reference to other states’ legal provision. Scholars of maritime social history have been particularly preoccupied with the idea of mutiny but have rarely provided a precise decision of it, or explored its legal intricacies, while generally basing their ideas on the increasingly punitive regulations issued by state navies. Some have presented mutiny as an essentially responsive action by which mariners expressed grievances and appealed to shared ideas of patriarchal justice. Others have found in mutiny the stirrings of a distinctively maritime tradition of political radicalism which fermented throughout the early modern period and ultimately contributed to the age of revolutions in the late eighteenth and early nineteenth centuries. Across this divide, most historians have concurred in presenting it as an extreme, and often violent, act of resistance to constituted authority. This article shifts our attention to the supposed origins of this authoritarian system in the seventeenth century and expands our analysis beyond the martial law of state navies, which applied only in a specific and limited number of ships. It begins by considering the fragmented nature of the multiple systems of national, municipal, military, and customary maritime laws which governed seafaring, arguing that even in naval law there was no consistent definition or prosecution of mutiny, and that the provisions of customary law (much more ubiquitous than naval law) were far less draconian than popular myth would suggest. The article then turns to the depositions of mariners presented in admiralty court cases to explore how seafarers themselves delivered narratives about their conduct at sea, countering accusations of mutiny levied by their employers. It is particularly important to take into account the legal purpose and context of these sources, which highlight disputes and divisions and where statements were strategically crafted – on both sides – to pursue certain objectives. Through this analysis of both legal codes and legal practice, this article demonstrates that authority and law at sea were not a simple matter of unconfined power meeting radical resistance, nor of acquiescence to established hierarchies. While conflict, mistreatment, and asymmetries of power were undoubtedly present in early modern seafaring, the evidence from the High Court of Admiralty shows that, even at sea, shipmasters’ and their crews’ actions were shaped by knowledge of maritime law. Moreover, seafarers and their employers (whether commercial or imperial) shared expectations about the limits of commanders’ power and about consensus and compromise aboard ship. Discussion and protest were only considered mutinous when a voyage failed and provoked recriminations over who should bear the fault and the cost: the consequences, more than the act itself, defined its legal status. This article therefore provides novel reflections on the social dimensions of maritime labour and the agency of early modern seafarers within imperial and legal systems.
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Downs, Troy. "Bengal Regulation 10 of 1804 and Martial Law in British Colonial India". Law and History Review 40, n.º 1 (19 de enero de 2022): 1–36. http://dx.doi.org/10.1017/s0738248021000560.
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This article examines the East India Company's Bengal Regulation 10 of 1804, a legal statute that enabled martial law to be enforced by the in British colonial India. The use made of this little studied yet significant emergency regulation, its perceived legal deficiencies, and in particular, the discord that arose between the military and civil authorities over how and who should be administer it will be discussed with reference to the promulgation of martial law by the British during the Cuttack Uprising of 1857, the Indian “Mutiny” or Revolt of 1857, and in response to the civil unrest in the Punjab during 1919. While martial law was itself ring fenced by legislation that determined the legal grounds for its inauguration and for its cessation, the implementation of martial law by the British military forces in India was marked by the absence of law.
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Rediker, Marcus. "The African Origins of the Amistad Rebellion, 1839". International Review of Social History 58, S21 (6 de septiembre de 2013): 15–34. http://dx.doi.org/10.1017/s0020859013000242.
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AbstractThis essay explores the Amistad rebellion of 1839, in which fifty-three Africans seized a slave schooner, sailed it to Long Island, New York, made an alliance with American abolitionists, and won their freedom in a protracted legal battle. Asking how and why the rebels succeeded, it emphasizes the African background and experience, as well as the “fictive kinship” that grew out of many incarcerations, as sources of solidarity that made the uprising possible. The essay concludes by discussing the process of mutiny, suggesting a six-phase model for understanding the dynamics of shipboard revolt, and showing how such events can have powerful historical consequences.
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Kars, Marjoleine. "Policing and Transgressing Borders: Soldiers, Slave Rebels, and the Early Modern Atlantic". New West Indian Guide / Nieuwe West-Indische Gids 83, n.º 3-4 (1 de enero de 2009): 191–217. http://dx.doi.org/10.1163/13822373-90002451.
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In 1763, a regiment of mercenary soldiers stationed on the border of Suriname and Berbice in South America, rebelled. The men had been sent to help subdue a large slave rebellion. Instead, they mutinied and joined the rebelling slaves. This paper reconstructs the mutiny from Dutch records and uses it to look at the role of soldiers as border crosser in the Atlantic world. Colonial historians have usually studied soldiers in their capacity of border enforcers, men who maintained the cultural and legal divisions that supported colonial authority. However, as I show, soldiers with great regularity crossed those same borders, threatening the very foundations of colonialism.
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Istianah Zainal Asyiqin, Muhammad Khaeruddin Hamsin, Rizaldy Anggriawan y Ahmad Fanani. "Musharakah Mutanaqisah in Indonesia and Malaysia: Fatwa Institution, Regulation, and Recent Practice". IQTISHODUNA: Jurnal Ekonomi Islam 13, n.º 1 (11 de abril de 2024): 1–18. http://dx.doi.org/10.54471/iqtishoduna.v13i1.2302.
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Musha>rakah Mutana>qis}ah (MMQ) is one of the developments of Musyarakah’s contract-based products. MMQ can be applied as an Islamic banking financing product where the portion of the share of one of the partners is diminished due to the gradual purchase or commercial transfer to the other partner. The articles aims to investigate the regulatory frameworks pertaining to MMQ in Indonesia and Malaysia. It also compares the associated institutions with the authority to issue regulations and policies surrounding the practice of MMQ. Furthermore, it analyzes and investigates a number of critical issues concerning the implementation of MMQ in both countries. This study is doctrinal legal research. It comprises on principle of law, legal systematic, synchronization of law, and legal history. The author also used statutory, conceptual, and comparative approaches. The result of the study shows that the regulatory framework in both countries was quite sufficient to accommodate the needs of MMQ costumers and practitioners. Therefore, The study's novelty lies in its comprehensive comparative analysis of the regulatory frameworks and practices surrounding MMQ in Indonesia and Malaysia.
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Weeks, Theodore R. "Monuments and Memory: Immortalizing Count M. N. Muraviev in Vilna, 1898". Nationalities Papers 27, n.º 4 (diciembre de 1999): 551–64. http://dx.doi.org/10.1080/009059999108821.
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Ernest Renan argued over a century ago that belonging to a nation entails forgetting just as much as it required remembering past events. Certainly this is the case in East Central Europe, where not infrequently different nationalities create out of a single historical event utterly opposing historical memories. In the western borderlands of the Russian Empire, one historical event that has been variously interpreted by different nationalities is the Insurrection of 1863. To simplify somewhat, prerevolutionary Russian historians generally interpreted this key event as a mutiny against the established legal order—the term miatezh (mutiny) was always used in such accounts—while the Poles interpreted the uprising as perhaps naive and foolish, but in any case a noble attempt to regain rights usurped by the Russian occupiers. With such a sharply opposed memory of the uprising as a whole, it comes as no surprise that the figure who did the most to crush the insurrection in the Northwest (Lithuanian and Belarusian) provinces, Count M. N. Muraviev, should also be a controversial figure, praised by conservative Russians and demonized by Poles, Lithuanians, and liberals of all nationalities.
Tesis sobre el tema "Legal muting"
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Kamel, Omar. "Mass media & the laws of war : the concept and practice of legal muting". Electronic Thesis or Diss., Paris, Institut d'études politiques, 2024. http://www.theses.fr/2024IEPP0031.
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Cette thèse présente le concept du « mutisme juridique » (legal muting) - un ensemble de pratiques discursives qui atténuent ou subvertissent les considérations juridiques dans la couverture médiatique des conflits armés. À travers une analyse quantitative et qualitative de trois conflits (Irak 2003, Ukraine 2022 et Gaza 2023), cette étude démontre comment les médias emploient des techniques discursives qui façonnent la compréhension publique du droit international. S'appuyant sur l'affirmation de James Lorimer selon laquelle « la force contraignante du droit international dépend du sentiment public et de l'opinion publique, tels qu'articulés par la presse », cette recherche examine le rôle des médias comme principaux interprètes des normes juridiques internationales. En l'absence de canaux institutionnalisés pour la diffusion du droit international, les médias comblent un « vide communicatif », façonnant la compréhension publique des enjeux juridiques. Le mutisme juridique se manifeste alors dans leurs représentations des conflits par deux mécanismes principaux : la minimisation, et la focalisation variable. L'analyse révèle que le mutisme juridique est un processus qui perdure à travers les trois conflits malgré l'évolution du paysage médiatique, bien que ses manifestations varient. Les implications sont profondes pour les praticiens du droit, dont les communications publiques subissent une transformation continue, et pour les chercheurs, confrontés à une nouvelle source de production de connaissances juridiques. Cette étude rappelle aussi que la force contraignante du droit international dépend en partie de sa capacité à être compris et légitimé par le public qu'il sertThis thesis introduces the concept of "legal muting" - a set of discursive practices that blunt, subvert, or obscure legal considerations in the media coverage of armed conflicts. Through comparative quantitative and qualitative analysis of three conflicts (Iraq 2003, Ukraine 2022, and Gaza 2023), this study demonstrates how media outlets employ various discursive techniques that shape public understanding of international law.Drawing from James Lorimer's assertion that "the binding force of international law depends on public sentiment and public opinion, as articulated by the press", this research considers the role of the media as primary interpreters of international legal norms. In the absence of institutionalized channels for disseminating international law, the media fills a "communicative gap", thereby shaping public understanding of legal issues. As such, legal muting manifests in their conflict coverage through two main mechanisms: minimization and variable focus.The results of this analysis reveal that legal muting is a persistent process that endures across all three conflicts despite an evolving media landscape, though its manifestations vary. The implications are profound for legal practitioners, whose public communications are subject to continuous transformation, and for scholars, to whom this presents a new source of legal knowledge production. This study ultimately recalls that the binding force of international law depends partly on its ability to be understood and legitimized by the public it is meant to serve
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Zolezzi, Ibárcena Lorenzo. "The trial in literature. A study of the legal aspects in three emblematic novels: The Posthumous Papers of the Pickwick Club, by Dickens; Billy Budd, by Melville; and The Bonfire of the Vanities, by Tom Wolfe". Pontificia Universidad Católica del Perú, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/115948.
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The plots of Billy Budd and The Bonfire of the Vanities are organized entirely around a lawsuit. In The Pickwick Papers the trial is only a part, though an important one, of a series of related adventures in which the main characters of the novel participate. In the three novels there is a trial in which the accused is found guilty, although he is actually innocent. In The Posthumous Papers of the Club Pickwick, the author’s main purpose is to present the operation of the legal system, in which the modus operandi of unscrupulous lawyers, who rely only on cheating and deceiving methods, is atthe beginning of and determines the outcome of the lawsuit. In Billy Budd, an innocent is sentenced to death in order to preserve a supposed higher interest: the common good. In The Bonfire of the Vanities, political factors, personal interests, resentments and other worldly elements determine the outcome of the trial. In the three cases, the watchmaking mechanism that a lawsuit appears to be is completely overcome by factors outside it.Las tramas de Billy Budd y La hoguera de las vanidades están organizadas íntegramente alrededor de un juicio. En Los papeles póstumos del Club Pickwick, el proceso es una parte importante de la obra, pero también existen aventuras relacionadas en las que participan los diversos personajes. En los tres juicios se juzga a un inocente. En Los papeles póstumos del Club Pickwick, el autor busca presentar el funcionamiento real del sistema legal, en el cual el modus operandi de abogados inescrupulosos, quienes emplean únicamente métodos tramposos y fraudulentos, determina el origen y el resultado del proceso. En Billy Budd, un inocente es condenado a muerte para preservar un supuesto interés mayor: el bien común. En La hoguera de las vanidades, factores políticos, intereses personales, resentimientos y otros elementos de carácter mundano determinan el resultado del proceso. En los tres casos, el mecanismo de relojería que parece ser el proceso es totalmente sobrepasado por factores externos al mismo.
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Viana, Ulisses Schwarz. "Horizontes da justiça: complexidade e contingência no sistema jurídico". Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/2/2139/tde-11062014-110504/.
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A questão da justiça é tema sempre presente nas perquirições da filosofia do direito. Como tema recorrente deve ser submetido a novas investigações à luz de paradigmas teóricos alternativos e inovadores. A teoria dos sistemas de Niklas Luhmann representa um marco teórico capaz de inaugurar novos percursos investigativos no estudo da função do direito e de sua relação com a justiça, ora como função, ora como capacidade de adaptação. A ideia da autopoiese e sua elaboração na teoria dos sistemas de Luhmann torna possível observar essa relação entre direito e justiça dentro do contexto do aumento da complexidade e da contingência na sociedade moderna. A presente tese busca produzir uma investigação jusfilosófica, com inspiração interdisciplinar ao combinar-se com especulações teoréticas da sociologia jurídica de inspiração luhmanniana. Ao utilizar uma metodologia fundada na pesquisa bibliográfica primacialmente nos idiomas originais, a tese persegue a reconstrução da teoria da justiça na perspectiva do funcional-estruturalismo de Niklas Luhmann. Na consecução deste projeto, a tese utiliza a metáfora do horizonte, de matriz fenomenológica, para propor a dualidade entre justiça operativo-funcional e justiça adaptativo-mutante. Dualidade que servirá de baliza para conclusões desta tese que poderá trazer uma contribuição original à cultura jurídica nacional.The problem of justice is an ever-present issue in the investigations of philosophy of law. As a recurring theme, it should be subjected to further investigation in the light of alternative and innovative theoretical paradigms. The systems theory of Niklas Luhmann is a theoretical framework capable of opening new routes for studies and researches on the role of law and its relation to justice, either as function either as adaptability. The idea of autopoiesis and its elaboration in Luhmann´s systems theory makes it possible to observe the relationship between law and justice within the context of the increased complexity and contingency in modern society. This thesis aims to produce an investigation in the philosophy of law with interdisciplinary inspiration when combined with theoretical speculations of legal sociology of luhmannian inspiration. Using a methodology based on a primary bibliographic research in works in their original language, the thesis pursues the reconstruction of the theory of justice from the perspective of functional-structuralism as thought by Niklas Luhmann. In pursuing this project, the thesis uses the metaphor of the horizon, in its phenomenological matrix, to propose the duality between justice as operation and adaptation (mutant). This duality will serve as a beacon for the conclusions produced in this thesis that can bring an original contribution to legal culture.
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Mswela, Mphoeng Maureen. "A selection of legal issues relating to persons living with albinism". Thesis, 2016. http://hdl.handle.net/10500/21640.
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Despite the fact that albinism affects several South Africans, it is a condition that
remains deeply misunderstood. Albinism is steeped in myth and false notions, and is
perceived by many as a curse and contamination. For years, persons living with
albinism have been treated with doubt and suspicion. Also in schools and in the
wider community, children with albinism are subjected to violence and ridicule. In
certain areas on the African continent, including Southern Africa, persons living with
albinism are killed for the trade in body parts for use as sacramental medicines, or
sexually assaulted as a result of the belief that raping them may offer a cure for
HIV/AIDS. All of this highlights the extreme vulnerability of persons living with
albinism, not to mention the many violations of their fundamental rights that follow
from the manner in which they are treated. Within the social context that frames the
experience of persons living with albinism, the primary purpose of this study is to
highlight some of the pertinent challenges faced by persons living with albinism in
South Africa which compromise the full enjoyment of their fundamental rights as
enshrined in the South African Constitution. The thesis makes a number of practical
recommendations that will assist in promoting the legal position of this vulnerable
group, while also contributing to a better understanding of albinism in general which
will ultimately change negative perceptions and debunk the myths surrounding the
condition.Jurisprudence
LL. D.
Libros sobre el tema "Legal muting"
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Gold, Susan Dudley. United States v. Amistad: Slave ship mutiny. Tarrytown, NY: Marshall Cavendish Benchmark, 2006.
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Hunter, Kathleen A. Connecticut's Black Law and the Amistad trial: A study guide for pre- and post-visit activities, developed for high school and middle school students. Hartford, Conn: Old State House, 1998.
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England and Wales. Sovereign (1625-1649 : Charles I). By the King: Whereas there hath fallen out an interruption of amitie betweene the Kings Maiestie and the most Christian king .. Imprinted at London: By Bonham Norton and Iohn Bill ..., 1985.
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U.s. V. Amistad: Slave Ship Mutiny (Supreme Court Milestones). Benchmark Books (NY), 2006.
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The Amistad mutiny: From the court case to the movie. Berkeley Heights, NJ: Enslow Publishers, 2010.
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Hulm, David. United States V. the Amistad: The Question of Slavery in a Free Country (Supreme Court Cases Through Primary Sources). Rosen Publishing Group, 2003.
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United States. Circuit Court (2nd Circuit). Trial of the Prisoners of the Amistad on the Writ of Habeas Corpus, Before the Circuit Court of the United States, for the District of Connecticut, at Hartford, Judges Thompson and Judson, September Term 1839. Creative Media Partners, LLC, 2018.
Buscar texto completoCapítulos de libros sobre el tema "Legal muting"
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Jones, Howard. ""A National Matter"". En Mutiny on the Amistad, 80–94. Oxford University PressNew York, NY, 1997. http://dx.doi.org/10.1093/oso/9780195038293.003.0006.
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Abstract The legal process begun by the abolitionists in Hartford now entered its second phase: the battle in the district court over whether the Amistad blacks were slaves and therefore the property of Ruiz and Monies. If it could be established that the blacks were not property, both Lieutenant Gedney and the United States marshal in Connecticut would have acted illegally and the Spaniards would have no legitimate claims. To undermine the property argument, the abolitionists would have to establish that the captives, by Spanish laws and treaties, were not slaves. They could not argue against human bondage on the basis of its alleged immorality; Judge Thompson had made that clear. They now intended to make the case a national concern and then seek changes through the legal system that would undermine slavery and promote their ideals.
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Grint, Keith. "Rethinking Mutiny". En Mutiny and Leadership, 9–57. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192893345.003.0002.
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This chapter begins with defining mutiny and exploring its origins. It considers the nature of military relationships across time before focusing upon the British Army Act (1955) and the American Uniform Code of Military Justice. The issues of mutiny as a collective act, and the active or passive role of those involved in mutinies, are used to illustrate the intricacies of the legal framework which then flows into using cases of mutiny on slave ships to highlight the importance of the historical context. The nature of sovereign power is then used to illustrate both the coercive control over military subordinates and the fragility of that very same coercion. This leads into the way the act of mutiny is socially constructed—in other words, what counts as ‘mutiny’ is a subjective not an objective construction. The chapter concludes with two sections, the first of which lists the ‘Refrains of Mutiny’: the patterns that recur across space and time, from the social construction of mutiny to the importance of establishing who the enemy is, the role of antecedence, the default response of the authorities, the importance of scapegoating, the omnipresence of the phenomena, the role of the heroic leader, the impact of serendipity, the relational nature of leadership, and finally the role of enthralment. The final section focuses on various explanations of mutiny, using material drawn from political revolutions and industrial relations to highlight the similarities and differences between these and mutinies, and relates such disputes to the difference between agonism and antagonism.
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Grint, Keith. "Mutinies in War". En Mutiny and Leadership, 98–165. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192893345.003.0004.
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This chapter covers mutinies which occur during the most dangerous times for the establishment: under conditions of war. Theoretically, any collective dissent from a legal order in a military organization is mutiny, and the events over Christmas 1914 along the Western Front in France and Belgium precisely capture this tension, with some calling it a ‘truce’ and others categorically calling it a mutiny—thus ensuring it is not repeated the following Christmas. Next we consider the Russian mutiny of 1917 that, unlike the Potemkin mutiny, occurs in a febrile national context with significant support from the political left. Some of the reverberations of Russia end up in France in 1917, straight after the failed Nivelle offensive, and this also reveals the significance of dashed expectations, as well as the dire consequences of the French state’s response. Within a year the German Navy is convulsed by similar issues, the first time it is crushed because the conditions are inadequate, but the second time, in 1918, against the backdrop of a military catastrophe and political turmoil, it is the mutiny of the German sailors that leads to the toppling of the German state. For the British and Commonwealth armies in France, post 1914, mutinies are rare, but they do occur, and it is serendipity that lends at hand. However, the largest of all British mutinies in wartime occurs in Salerno in 1943, and ironically it is stimulated by loyalty to the regiment, rather than disloyalty to the state.
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Jones, Howard. ""The Inherent Property of Liberty"". En Mutiny on the Amistad, 63–79. Oxford University PressNew York, NY, 1997. http://dx.doi.org/10.1093/oso/9780195038293.003.0005.
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Abstract The first round of the abolitionists' struggle in the Amistad case took place in the United States Circuit Court meeting in Connecticut. The blacks' attorneys hoped to convince the presiding judges, Associate Justice Smith Thompson from the United States Supreme Court and Andrew T. Judson from the district court, that the circuit court lacked jurisdiction in a case where natural law was the guiding principle and that there was nothing to warrant a grand-jury indictment for either murder or piracy. They first tried to secure a separate writ of habeas corpus for the three girls; this would force the prosecution to bring formal charges against them, or see the court excuse them from appearing as witnesses in the case. Their release would result in a courtroom confrontation between the black captives, who had attracted considerable public favor, and the two Spaniards, who had not. Furthermore, the writ would serve as a license to bring into debate the entire question of human rights and property rights pertaining to slavery. If the abolitionists could show that there was no legal basis for holding the youths, they would expand the argument to include the other blacks. If they could establish that the captives were human beings and not property, no one could have property or salvage claims on them and the blacks could go free. Most important, the abolitionists could exert pressure on the Van Buren administration to change its stand on the issue.
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Sweet, James H. "Diplomacy". En Mutiny on the Black Prince, 120–30. Oxford University PressNew York, 2025. http://dx.doi.org/10.1093/oso/9780197692721.003.0008.
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Abstract In May 1769, five Black Prince mutineers arrived in Lisbon onboard a ship from Brazil. One of the sailors immediately went to the British Consul and turned state’s evidence. The Portuguese refused to extradite, prompting the Black Prince owners to demand that the rebels stand trial before a British judge in Lisbon. Fowler worked directly with the British secretary of state, providing testimonies, witness statements, and dispatching witnesses to Portugal to testify at the trial. The English Factory, a corporate enterprise of British merchants in Lisbon, bore all of the costs of the trial, including prisoner upkeep, witness protection, and attorneys’ fees. The Crown later agreed to defray these costs, effectively underwriting a criminal prosecution conducted by British merchants in a foreign nation. In the same way that they manipulated the rule of law in England, Fowler and Laroche captured mechanisms of international diplomacy and legal procedure in Portugal.
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Murray, Yxta Maya. "“I Just Didn’t Feel Safe”". En We Make Each Other Beautiful, 65–88. Cornell University Press, 2024. http://dx.doi.org/10.7591/cornell/9781501775581.003.0004.
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This chapter discusses Young Joon Kwak's Mutant Salon, which was a queer and anti-capitalist venture that sought to create healing, community, selfhood, and liberation by practicing a species of playful “objectification” that did not involve oppression but rather affirmation and self-creation. This project required a horizontal approach to class status and the development of safe spaces where mutants—queer, poc, often femme-identified people who experienced economic precarity—could feel free to be beautiful. As a solo artist, Kwak has held gallery shows of drip ceramics, sculptures of atypical bodies, and cathartic video work navigating parental relations and queerness. The chapter then focuses on Mutant Salon's artistic, activist, and Black, Brown, female, queer, intersectional artivist lineage. It also examines the provocative questions the Salons raise about the law's role in the creation of identity and safe spaces, and these things' relationship to legal rights.
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McAdams, Richard H. y Jacob I. Corré. "New Light on the Trial of Billy Budd". En Cannons and Codes, 51–70. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197509371.003.0004.
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This essay focuses on the legality and legitimacy of the proceedings by which the young Royal Navy crewman Billy Budd is sentenced to death for a false and malicious charge of mutiny in Herman Melville’s novel Billy Budd, Sailor. Its ultimate position is that Captain Edward Vere, who oversees the proceedings and sentences Budd to death by hanging, is neither clearly a hero nor a villain. Instead, the novel embraces ambiguity by intentionally arming each side of the debate with considerable firepower, leaving readers with a quandary that would have been familiar to Melville’s readers because it paralleled the unsettled public debate over the 1842 case of the USS Somers. Billy Budd is thus neither an illustration of the bitter consequences of a strict rule of law, nor a tale of legal manipulation by an unchecked tyrant. Rather, it is “a story about confronting a case almost too hard to imagine.”
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Yahaya, Nurfadzilah. "Conclusion". En Fluid Jurisdictions, 163–72. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501750878.003.0008.
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This chapter recounts how the members of the Arab diaspora attempted legal arbitrage under colonial rule. It analyses the members' expansion and modification of Islamic law, while at other times they policed the boundaries of Islamic law even as mere translators. The chapter tells the story of the surprising involvement of the outsider — the Arab diaspora — in aiding colonialists to accumulate legislative power. The pace of change from the mid-nineteenth century onward was brisk, and the Arab diaspora capitalized on it while attempting to navigate uncertainty and risk. This chapter also investigates how Arab diaspora in Southeast Asia were able to influence the shape of law to a great extent. It takes a look on how concessions to Arabs in the Straits Settlements, in the form of the Mohamedan Marriage Ordinance, and their appointments as members of the Mohamedan Advisory Board after the Sepoy Mutiny subsequently tied them more closely to the British colonial government, along with the rest of the Muslim population in the colony.
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Fish, Stanley. "Speech, Radical Innocence, and the Law". En Law at the Movies, 145–55. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/oso/9780198898726.003.0012.
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Abstract Billy Budd presents a near-allegorical conflict between a figure of pure innocence—Billy Budd, the “handsome sailor”—and a figure of radical misanthropy—Master at Arms John Claggart. Claggart’s darkness of spirit and action is rooted in a belief that, at bottom, all men are driven by the same base motives—cruelty, desire of mastery, lust for power—that move him; therefore the very appearance in the world of an apparently guileless young man, enemy to no one and beloved by everyone, is an affront to his convictions and must be removed by proof that Billy is as self-serving and venal as anyone else. Hoping to provoke Billy into some act that will reveal a dark side, Claggart falsely accuses him of inciting mutiny. Unable to declare his innocence because a stutter renders him verbally inarticulate at moments of stress, Billy speaks with his fist and fells Claggart with a blow to the temple. In the court martial that quickly follows, the fact of Billy’s innocence—no one doubts it—is overwhelmed by the legal and formalist distinctions Claggart so loved.