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Full-Text Articles in Legal History
Droits De L'Homme, Droits Du Citoyen: Les Présupposés De La Jurisprudence Américaine Et Européenne, Gregory Lewkowicz
Droits De L'Homme, Droits Du Citoyen: Les Présupposés De La Jurisprudence Américaine Et Européenne, Gregory Lewkowicz
Gregory Lewkowicz
This paper proposes a comparative analysis of some rulings of the US Supreme Court and of the European Court of Human Rights. Reviewing cases related to international legal problems or using comparative legal reasoning, the paper suggests that the difference of attitudes between the two courts in human rights cases is embedded in the classical opposition between men and citizen.
The Civil War As A War Of Religion: A Cautionary Tale Of Enslavement And Emancipation, David M. Smolin
The Civil War As A War Of Religion: A Cautionary Tale Of Enslavement And Emancipation, David M. Smolin
David M. Smolin
This article argues that the Civil War was a "war of religion" reflecting differing nineteenth century American Christian views of slavery and race. The article describes the religious anti-slavery and pro-slavery arguments of that time. The article particularly focuses on John Bingham, who as the primary author of Section One of the Fourteenth Amendment, is a particularly important figure for United States constitutional law. The article also discusses the contemporary anti-trafficking movement which explicitly seeks to rely on the precedent of the historical movement to abolish slavery.