Arts and Humanities Commons^™

The Arrest Of Caleb Williams: Unnatural Crime, Constructive Violence, And Overwhelming Terror In Late Eighteenth-Century England, Gary Dyer

English Faculty Publications

In the later eighteenth century, the twelve justices of the supreme English common law courts ruled repeatedly that blackmailing a man by threatening to accuse him of sodomitical practices constituted the capital offense of robbery; the judges focused on the overwhelming terror they claimed was unique to this threat. This legal doctrine is a covert presence in William Godwin's novel Caleb Williams (1794). Ferdinando Falkland, fearing that his secret is about to be revealed by Caleb, accuses him of having 'robbed' him, and even though Falkland's secret is literally murder, the mutual persecution and mutual terrorizing that ensue evoke the …

States' Rights Apogee, 1760-1840, Ryan Setliff

Masters Theses

America's states' rights tradition has held much influence since the ratification of the U.S. Constitution in 1788. In late 1798, in response to the Federalist administration's adoption of the Alien and Sedition Acts, the Virginia and Kentucky Resolutions were formally adopted by the legislatures of Virginia and Kentucky respectively. These resolutions set a lasting precedent for state interposition and nullification. As well concurrence with these doctrines can be found in the Virginia Resolves of 1790, the constitutional debates of 1787-1790, and all throughout the colonial-revolutionary period of the 1760s to 1780s. In time, the Virginia and Kentucky Resolutions would gain …

A Plea For Freedom: Enslaved Independence Through Petitions For Freedom In Washington D.C. Between 1810 And 1830, Trevor J. Shalon

Department of History: Dissertations, Theses, and Student Research

Between 1810 and 1830, over 190 petitions for freedom by African Americans went through the District Court of Washington D.C. The free African American community which had emerged following the American Revolution had been restricted in the beginning of the nineteenth century and the rights granted to free and enslaved African Americans were retracted. The methods by which enslaved African Americans had used to obtain their freedom were eliminated and more innovative methods would needed in order to continue the expansion of the free community.

As the nineteenth century progressed, as other methods were eliminated, the number of petitions issued …

Constitution Day 2012: The American Judiciary, Robert Berry

Librarian Publications

Robert Berry, research librarian for the social sciences at the Sacred Heart University Library, has written an essay about the role of the American Judiciary in interpreting laws of the United States government. The essay was written for the occasion of Constitution Day 2012 at Sacred Heart University.

Ensuring The Preservation Of Submerged Treasures For The Next Generation: The Protection Of Underwater Cultural Heritage In International Law, Lowell Bautista

Faculty of Law, Humanities and the Arts - Papers (Archive)

In a historic moment that culminated almost a decade of negotiations, the Convention on the Protection of the Underwater Cultural Heritage (UCH Convention) was adopted on 2 November 2001.2 The UCH Convention is the fourth international instrument dealing with cultural heritage adopted under the aegis of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the first one specifically addressing the protection of underwater cultural heritage (UCH) in international law.3 The UCH Convention is the first universal instrument that exclusively deals with the preservation of UCH in international waters. The UCH Convention builds upon and addresses the gaps of …

Law, Philosophy, And Civil Disobedience: The Laws' Speech In Plato's 'Crito', Steven Thomason

Articles

Plato's 'Crito' is an examination of the tension between political science, a life devoted to the rational discourse and the critique of politics, and the demands of allegiance and service to the city. The argument Socrates makes in the name of the laws is not just meant to persuade Crito. Rather, it is a philosophic defense of the city itself, the philosophic response to Socrates' own speech in the Apology defending philosophy. This speech reveals the dangers and problems of a life devoted to philosophy when reason is directed to politics and calls into question the values and way of …

'Placing' The Other: Final Year Law Students' 'Imagined' Experience Of Rural And Regional Practice Within The Law School Context, Trish Mundy

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper discusses the partial findings from a research study involving a narrative analysis of in-depth interviews with twelve final year law students. The research explored student attitudes to, and perceptions of, legal practice in rural, regional and remote (RRR) communities – that is, their ’imagined experience’. The research findings suggests that, at least in the context of the non-regional law school, the rural/regional is both absent and ‘other’, revealing the ‘urban-centric’ nature of legal education and its failure to adequately expose students to rural and regional practice contexts that can help to positively shape their ‘imagined’ experience. This paper …

The Importance Of The Local In A Global Age: A Comparative Analysis Of Networking Strategies In Postgraduate Law Research Teaching, Linda Roslyn Steele, Rita Shackel, Felicity Bell

Faculty of Law, Humanities and the Arts - Papers (Archive)

Research indicates that postgraduate research students, and particularly those researching in law, feel isolated socially and academically from one another, and from scholarly life. Postgraduate research students are now more globally connected because of technology. Yet opportunities to connect with colleagues locally, to share and reflect on research findings, methods and experiences are insufficient. This paper reports on the preliminary stages of a project led by legal and criminological scholars to establish a postgraduate student network that is interdisciplinary, interfaculty and cross institutional in structure with a specific focus on ‘crim*’ related studies including criminology, criminal law and criminal justice. …

Perverts,’ ‘Terrorists,’ And Business As Usual; Fantasies And Genealogies Of U.S. Law, Penelope J. Pether

Faculty of Law, Humanities and the Arts - Papers (Archive)

The indefinite detention camp at Guantánamo Bay, Cuba, is exceptional in diverse ways. It is not only the postmodern exemplar of the jurisdiction of exception into which, Raphael Gross has argued, Carl Schmitt’s political theory conjured a paradigm of nation and other rooted in anti-Semitism and other supremacist doctrines of hatred, which moved from theory to praxis in the death camps of the Shoah; it also embodies what I have called the New American Exceptionalism of the post-9/11 era. In that iteration, the U.S. makes imperialist war in the pattern of the Crusades, accompanied in the contemporary domestic political realm …

Detention Of Non-State Actors Engaged In Hostilities: The Future Law – Summary Report, Gregory L. Rose

Faculty of Law, Humanities and the Arts - Papers (Archive)

On 15 and 16 December 2011 a conference and workshop were held at the Institute for Transnational and Maritime Security in the Faculty of Law at the University of Wollongong. The conference and workshop were funded by the Australian Civil–Military Centre under a research grant to the university, and the aim was to explore emerging law relating to the detention of non-state actors engaged in hostilities. Discussion centred on legal aspects of the power to detain, processes for transferring a detainee to either another armed force or the local law enforcement authorities, and the legal regimes applicable to this category …

Signature And Illusion: Lessons From The Baroque For 'Truth' In Law, Arts And Humanities, Richard Mohr

Faculty of Law, Humanities and the Arts - Papers (Archive)

Basic to contemporary problems in the disciplines of representation and interpretation is a split between a naïve acceptance of bare facts, presumed to exist in their own ‘objective’ world of objects, and the actions of subjects who interpret an intersubjective world. The solution is sought in some ‘new’ epistemologies: Martín Alcoff, Grosz, Kristeva, Butler, as well as in Benjamin and Gadamer, who look back to older ways of knowing. The methodology is an archaeology of these ways of knowing, focussed on a crucial transition in the understanding of representation between the renaissance and the baroque. It uses quintessential methods of …