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Full-Text Articles in Legal History
A Different Sort Of Justice: The Informal Courts Of Public Opinion In Antebellum South Carolina, Elizabeth Dale
A Different Sort Of Justice: The Informal Courts Of Public Opinion In Antebellum South Carolina, Elizabeth Dale
UF Law Faculty Publications
Studies of nineteenth century legal history assume that the antebellum South, and antebellum South Carolina in particular, had a legal culture shaped by honor culture and marked by the hierarchical assumptions and extralegal violence that honor culture engendered. In this article, I offer a modification of that well-established account. While I do not question the influence of honor on South Carolina's antebellum legal culture, I suggest that the state had a second, shame-based system of popular justice, in which women played a prominent role. As was the case with honor culture, this second form of extralegal justice, which I have …
New Complexity Theories: From Theoretical Innovation To Doctrinal Reform, Darren Lenard Hutchinson
New Complexity Theories: From Theoretical Innovation To Doctrinal Reform, Darren Lenard Hutchinson
UF Law Faculty Publications
During the latter part of the twentieth century, progressive scholars in various fields of study have developed a large body of works analyzing identity politics. Within legal scholarship, critical race, feminist, anti-heterosexist, and other progressive theorists have demonstrated how legal doctrines and policies perpetuate social hierarchy and reinforce the domination of oppressed classes. The efforts of progressive scholars (and activists) to launch a unified critique of injustice, however, has proved difficult - due in part to the variety of theoretical and doctrinal options available to counter subordination and also to the intractable nature of institutionalized oppression. Yet, progressive scholars have …