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Full-Text Articles in Legal History
Niccolò Machiavelli: Father Of Modern Constitutionalism, Mortimer N.S. Sellers
Niccolò Machiavelli: Father Of Modern Constitutionalism, Mortimer N.S. Sellers
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Niccolò Machiavelli is the father of modern constitutionalism. Constitutionalism began anew in the modern world with the study of the ancient republics and it was Machiavelli who inaugurated this revived science of politics. Five hundred years after the composition of Il Principe and the Discorsi we are still working out the implications of applying reason to the structures of law and government in pursuit of justice and the common good. Modern constitutionalism and ancient republicanism share three central beliefs: first, that government should serve justice and the common good; second, that government should do so through known and stable laws; …
Cherokee Freedmen And The Color Of Belonging, Lolita Buckner Inniss
Cherokee Freedmen And The Color Of Belonging, Lolita Buckner Inniss
Publications
This article addresses the Cherokee tribe and their historic conflict with the descendants of their former black slaves, designated Cherokee Freedmen. This article specifically addresses how historic discussions of black, red and white skin colors, designating the African-ancestored, aboriginal (Native American) and European-ancestored people of the United States, have helped to shape the contours of color-based national belonging among the Cherokee. This article also suggests that Homi K. Bhabha’s notion of postcolonial mimicry offers a potent source for analyzing the Cherokee’s historic use of skin color as a marker of Cherokee membership. The Cherokee past practice of black slavery and …