Legal Commons^™

From Seizure To Settlement: Liberated Africans, Imperial Law, And Labor In The Indian Ocean World, 1810–1860, Holly S. Mcfate

Master's Theses

This thesis examines the relationship between British antislavery, imperial law, and labor management in the western Indian Ocean during the first half of the nineteenth century. Centered on the 1821 capture and condemnation of the slave schooner Industry by HMS Menai, the study employs a microhistorical methodology to reconstruct the legal and administrative processes that governed the lives of Africans seized from slave ships after their liberation. Drawing upon Vice-Admiralty Court records, Colonial Office correspondence, naval logbooks, and administrative registers from The National Archives (UK) and the Mauritius Archives, the thesis follows the transition of captive Africans from maritime interception …

The Southampton Plot: The Case For Innocence (1415), Haley Buckles

Electronic Theses and Dissertations

This thesis investigates the "Southampton Plot" of 1415, a famous conspiracy to overthrow King Henry V of England. While history often portrays the plotters as simple traitors against the government, this study reexamines original records to show a more complex story. By looking closely at how the English government handled the trials, the research reveals that the English Crown may have exaggerated the threat to strengthen the King’s political power before he invaded France. This study shows that what we call "treason" was often shaped by the government’s need to control its public image and hold on to power. Ultimately, …

Faith Under The Führer: Protestant Pastors In Nazi Germany, Katie Cassady

Senior Honors Theses

This research examines Protestant churches in Nazi Germany and their varied reactions to Hitler’s Third Reich, tracing the Nazi rise to power, the Kirchenkampf (Church Struggle), the Confessing Church’s resistance, and figures like Dietrich Bonhoeffer, Martin Niemoller, and Karl Barth. Hitler campaigned on a platform purporting to support religious freedom, but the state-sponsored persecution of Christian churches later revealed such promises as a facade. The Kirchenkampf exemplifies the reactions of Protestant German churches to Hitler’s rule: The German Christian Movement (GCM) endorsed Hitler’s radical racial theories, while the Confessing Church confronted the unbiblical rhetoric used by the GCM.

Res Historica, Volume 5, Alpha Rho Epsilon Phi Alpha Theta, Lindsay Rae Smith Privette Phd

Res Historica

The 2026 journal of historical research by Anderson University students, Res Historica.

The editorial team for this edition of Res Historica was Dr. Lindsay Rae Smith Privette, Julia Ackerman, Callyn Wright, Logan Davis, and John Hinton. Cover art by Mary Beth Lee.

Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray

Journal of Humanities and Social Sciences

The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …

The Devil’S In The Details: Opposition To Demonology In Early Modern Europe, Abigail Pickard

The Purdue Historian

Common assumptions that believers of witchcraft in the early modern period were uneducated fanatics overgeneralize the complex interplay of early modern science and theology. The study of demons, known as demonology, was considered a science. It was a respected field that was studied and debated. Theologians scrutinized, defended, and revised demonological theories. Thinkers turned over foundational concepts and split hairs over the fine details of theology. Since educated scholars were considered authorities on demonology, they repeatedly wrote, talked, and theorized about the topic in a similar fashion to other ideologies of the early modern era. Due to this, authors of …

The Rise And Fall Of The Contagious Diseases Acts: An Examination Of The Legislative Influences, Medical Discourse And Repeal Arguments, Elizabeth Henderson

All Theses

The Contagious Diseases Acts (CDA) were the most important legislative intervention concerning sexuality in the nineteenth century. The CDA was a public health measure passed to address the spread of venereal disease amongst the British Army and Navy, and targeted Britain's most vulnerable women – sex workers – because they were blamed for being the presumed cause and primary mode of spreading venereal disease. This resulted in the legalization of what critics of the CDA would call surgical assault, or instrumental rape, of working-class women suspected of being sex workers. Historians who study sexuality and sex work in Britain have …

“It Is The Greatest Shame In The World”: Tomás Cerdán De Tallada’S Pioneering Analysis And Critiques Of Jails In The Spanish Golden Age, Riley Emerson Carney

Undergraduate Theses, Professional Papers, and Capstone Artifacts

During the 16^th century, prisons as we know them did not exist in Spain nor in most of Western Europe. Jails, as a temporary place to hold criminals before their trial, did exist but were quickly filling up with a wave of new criminals and debtors. This system of jails was poorly organized and poorly understood until Tomás Cerdán de Tallada wrote his treatise Visita de la carcel, which was the first in Spain to analyze the system of jails as a whole, and one of the first to offer criticisms of the system. Core to Cerdán’s understanding …

Iron In The New World’S Veins: Government, Ironworks, And Community In The Massachusetts Bay Colony, Abigail Adam

Masters Theses, 2020-current

The Massachusetts Bay Company conceived of a colonial iron industry as early as 1628; two years before its leaders migrated to the New World. The colony’s founders continued their efforts to establish a functioning iron industry in subsequent decades. With the General Court’s support, John Winthrop Jr. engaged in business with the London-based Company of Undertakers to make the iron industry a reality. Nevertheless, previous scholarship has neglected the iron industry’s place in the Massachusetts Bay Colony’s establishment. Yet surviving court records and correspondence indicates that these two bodies are inseparable. Indeed, the General Court used the ironworks to materially …

Individual Rights Vs. Collective Value In Paragraph 218: The Role Of Political Tradition In The Development Of German Abortion Policy, Annie Morgan

CISLA Senior Integrative Projects

No abstract provided.

Differences In French Law Pertaining To Refugees From Former Colonies: A Case Study Of North Africa And Indochina, Lauren Bergin

Honors Theses

Colonial relations between colonizer and colonized are an interesting yet often understudied part of the legal field. This thesis will focus on these links within the relationship between France and two of its former colonies: North Africa and Indochina. In order to discover more information on these relationships, I take a historical approach focusing on legal documents, debates, and decrees, both from the French government and international bodies and representatives such as the United Nations High Commissioner for Refugees. The resulting discoveries show that French legal documents were far more concerned with North Africa compared to Indochina, both regarding asylum …

Review- Archives And Human Rights, Alexandra Pucciarelli

Journal of Contemporary Archival Studies

Archives and Human Rights edited by Jens Boel, Perrine Canavaggio, and Antonio González Quintana utilizes seventeen case studies to examine the role archives and archivists can play in international justice after human rights violations. The cases include but are not limited to; Rwanda, Spain, and Cambodia.

The Napoleonic Code: Property, Succession, And Gender, Deanna Small

Scholarly Horizons: University of Minnesota, Morris Undergraduate Journal

Through an investigation of excerpt of the 1804 Napoleonic Code, this paper explores the way the law impacted inheritance, property laws, and women's place in the law in Napoleonic France. These laws shaped the legal system for years to come and aimed to create an image of France that fit with Napoleon’s vision. This paper alongside an annotated copy of excerpts of the Code presents a focused investigation of the language of the law and the various ways laws were actually practiced or circumscribed by French citizens.

Maybe The Real Prize Was The Connections They Built Along The Way: A Legal Analysis Of The Role Of Privateering In The Creation Of The Trans-Imperial Greater Caribbean, Daniel Hall

Honors Theses

While study of the eighteenth-century Caribbean has traditionally focused on the stark separation between the European empires of the region, this thesis seeks to reveal privateering’s role as an important force in creating what has come to be referred to as the trans-imperial or trans-national Caribbean. This will be based in an analysis of the legal structure of British privateering as a means of both drawing attention to the practice’s intrinsically legalistic nature as well as highlighting the fact that this regional creation was a result of colonists working within imperial guidelines as much as it was an act of …

The Chosen One?: Reflections On Mid-Century Egyptian Nationalism, Gamal Abdel Nasser's Charismatic Leadership, And The Suez Crisis Of 1956, Owen P.S. Hobbs

Honors Theses

This thesis considers Gamal Abdel Nasser's 1956 nationalization of the Suez Canal and the subsequent Suez Crisis in the broader context of the histories of nationalism and charismatic leadership in a decolonial setting. Chapter one synthesizes the works of notable scholars into a cohesive historiography of nationalism's emergence in Egypt and Nasser's unique role within mid-century Egyptian society. Chapter two examines the direct causes of the Suez Crisis within the previously established context of nationalism and charismatic leadership, drawing new conclusions from memos, telegrams, and the Egyptian Government's 'White Paper on the Nationalization of the Suez Canal Maritime Company' -- …

Playing With Fire: The Medieval Judicial Ordeals And Their Downfall, Aaron Larson

Swarthmore Undergraduate History Journal

Trials by ordeal in the Middle Ages prove to be some of the most complex secular trials in all of history. Both trial by fire, and trial by water looked to call God's judgment into play, hoping that He would make the decisions of guilt or innocence. God is all-knowing. He is all-powerful. Therefore He has all of the relevant information to determine the fates of those who go through the ordeals. Despite this, the theologians in the medieval Church looked to lessen clerical involvement in the ordeals. In 1215, the Fourth Lateran Council met, and the ordeals ceased to …

“Let Him Be Tried Before An English Jury; Let Him Be Tried Properly”: Race, Blackness, And English Justice In Mid- To Late-Victorian England, Hugo F. Stack

Student Scholarship

No abstract provided.

Anti-Semitism In France: How The Post-Holocaust Era Informs French Attitudes Today, Alyssa Chesek

Student Research Poster Presentations 2021

Following the end of the Holocaust, approximately 160,000 native Jews and 20,000 displaced Jews arrived in France. France, which operated under the Vichy government during World War II, was a Nazi puppet regime complicit in the persecution of its Jewish population. When Vichy fell in 1944, the recently instated Provisional Government of the French Republic became responsible for Jewish restitution and reintegration services. However, the new government refused to recognize a Jewish problem; this denial resulted in inadequate services and protections for the Jewish population. Without providing Jews with proper legal protections, the French government created an environment which may …

The Ethics Of Aerial Bombardment In International Conflicts: From Douhet To Drones, Rauan Zhaksybergen

Graduate Theses, Dissertations, and Problem Reports (ETD)

In this thesis, I demonstrate how the question of ethics in aerial bombardment has been evolving and transforming since its inception at the beginning of the twentieth century to contemporary targeted killings/assassinations by drones. I interact with early airpower theories from Douhet, Trenchard, Mitchell, and contemporary air tactics in order to establish a crucial sequence between these early theories and practices of aerial violence and modern ones conducted by armed drones. I show how the evolution of aerial bombardment challenged, influenced, and transformed essentials of conventional warfare, as well as dispersed boundaries between combatants and non-combatants. Contemporary legally uncontrolled targeted …

De Libero Conscientia: Martin Luther’S Rediscovery Of Liberty Of Conscience And Its Synthesis Of The Ancients And The Influence Of The Moderns, Bessie S. Blackburn

Liberty University Journal of Statesmanship & Public Policy

One fateful day on March 26, 1521, a lowly Augustinian monk was cited to appear before the Diet of Worms.[1] His habit trailed behind him as he braced for the questioning. He was firm, yet troubled. He boldly proclaimed: “If I am not convinced by proofs from Scripture, or clear theological reasons, I remain convinced by the passages which I have quoted from Scripture, and my conscience is held captive by the Word of God. I cannot and will not retract, for it is neither prudent nor right to go against one’s conscience. So help me God, …

Film Review: The Trial Of Ratko Mladić, Iva Vukušić

Genocide Studies and Prevention: An International Journal

No abstract provided.

Saving Adele: A History Of The Portrait Of Adele Bloch-Bauer I, Ariel A. Furman

Quest

Individual Research Project

Research in progress for HIST 1302: United States History II

Faculty Mentor: Kyle Wilkison, Ph.D.

Nothing ruins an enriching intellectual experience quite like having it assigned. Consequently, Honors History 1302 students began by identifying their own passions and interests. They then chose topics of immediate and abiding personal interest and produced research projects that reflected that energy and commitment. Their research probed a marvelous variety of historical topics from culture, medicine, science, politics, and economics. They researched and wrote about anti-fascist American comic books during World War II, disturbing historic treatments for the mentally ill, advances in …

Making Discrimination Legal: A Comparison Of The Penal Laws In Ireland And The Nuremberg Laws And Other Laws In Nazi Germany, Gage Overton

Honors College Theses

The Penal Laws and the Nuremberg Laws were sets of legal codes which stripped away basic rights and civil liberties from Irish Catholics in the seventeenth and eighteenth century and German Jews in the 1930s and 1940s respectively. My research into these laws has allowed me to discover that the methods used by the English Crown and the Nazi German state to separate the groups targeted by their laws, as well as the circumstances which led to their implementation, were eerily similar, nearly identical. Besides this, they ultimately used this strategy as a way to justify the elimination of the …

Royalist Propaganda: Fabrication Of Magna Farta, Daniel R. Palthe

The Hilltop Review

This paper examines the perception and usage of Magna Carta in interregnum England. The central question is whether or not Oliver Cromwell ever referred to this royal document as the "Magna Farta." While one of the most common posthumous charges against him was a disdain for Magna Carta and English rights, accounts of his calling it a "Magna Farta" are questionable. The ways in which the Magna Carta was actually used under Cromwell rather seems to indicate a different opinion. Essentially, this paper compares royalist propaganda with the Commonwealth's accounts.

Cuckoldry And The “Gone For A Soldier” Narrative: Infidelity And Performance Among Eighteenth-Century English Plebeians, Elias Hubbard

Lawrence University Honors Projects

This project addresses existing historical arguments about the role of performance in eighteenth-century English plebeian infidelity cases, identifying some of the cultural scripts available to married men and women from popular texts in order to better understand cases of infidelity in contemporary plebeian marriages. The thesis seeks to clarify the effect of infidelity on a plebeian individual’s social standing and relationships, and to draw conclusions about the nature of plebeian infidelity, marriage, and gender in England through the long eighteenth century.

While examining contemporary public texts of cuckoldry, I address how homosocial behavior appears in narratives of cuckoldry, how the …

Film Review: The Impure: An Abolitionist Documentary Film Of The 19th Century Traffic In Jewish Women, Caroline Norma

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

In Defense Of Peace: Aron Trainin's Contributions To International Jurisprudence, Thomas Earl Porter

Genocide Studies and Prevention: An International Journal

The Soviet Union played a major role in the establishment of the International Military Tribunal (IMT) that tried Nazi Germany’s leaders for their criminal actions at Nuremberg. Only a handful of Western scholars have noted that the Soviets were early proponents of the use of the legal principle of conspiracy and in establishing the principle that a war of aggression in and of itself could be legally construed as a criminal act. And it was the brilliant Soviet jurist Aron Trainin who forcefully “advanced the idea of individual responsibility for international crimes…the realization of which was established during the course …

Raphaël Lemkin’S Derivation Of Genocide From His Analysis Of Nazi-Occupied Europe, Raffael Scheck

Genocide Studies and Prevention: An International Journal

The breadth and complexity of Lemkin’s definition of “genocide” results from several influences during the time he developed the concept. One of them is a belief that Nazi Germany was engineering a demographic revolution that would leave Germany predominant in Europe regardless of the outcome of the military conflict. This notion facilitated the assumption of a coherent cynical motivation behind disparate policies, laws, and decrees. Second, Lemkin’s daily work for the U.S. Government reinforced his focus on economic and legal matters and helps to explain why they occupy such a prominent place in his book Axis Rule. His job …

Associational Republicanism: Antifederalism In Context, 1790 - 1830, Ashley Jordan

Masters Theses

No abstract provided.

Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner

Genocide Studies and Prevention: An International Journal

Henry Rousso warned that the engagement of historians as expert witnesses in trials, particularly highly politicized proceedings of mass crimes, risks a judicialization of history. This article tests Rousso’s argument through analysis of three quite different case studies: the Frankfurt Auschwitz trial; the Extraordinary Chambers in the Courts of Cambodia; and the International Crimes Tribunal in Bangladesh. It argues that Rousso’s objections misrepresent the Frankfurt Auschwitz trial, while failing to account for the engagement of historical expertise in mass atrocity trials beyond Europe. Paradoxically, Rousso’s criticisms are less suited to the European context that represents his purview, and apply more …