Giovanni Tarantino and Charles Zika, eds. Feeling Exclusion: Religious Conflict, Exile and Emotions in Early Modern Europe. London: Routledge, 2019. Chapter endnotes and index. 296 pp. (Hb) ISBN 9780367367060; (eBook) ISBN 9780429354335. Hb $184.80; eBook $37.02.
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Elisabeth C. Macknight
Catholicism and Social Policy
The Cases of Brazil and the United States
Luciano Aronne de Abreu and Nathalia Henrich
The objective of this article is to carry out a case study on the doctrinal principles of corporatism supported by Brazilian jurist Francisco José de Oliveira Viana and by American economist and theologian John A. Ryan. It analyzes the influence of tenets of Catholic doctrine stated in papal encyclicals Rerum Novarum (1891) and Quadragesimo Anno (1931) in their ideas and the adequacy of their principles to the solution of economic and social problems faced during the Vargas and Roosevelt administrations. For this purpose, in addition to the encyclicals, we analyze the works Problemas de direito sindical and Direito do trabalho e democracia social by Oliveira Viana and A Program of Social Reform by Legislation and Capital and Labor by Ryan.
Transatlantic Circulation of Political and Legal Actors, Ideas, and Bodies of Knowledge between Europe and America during the Twentieth Century
Emanuele Podda and Ignacio Alejandro López
This special issue features articles based on contributions to the international workshop “The Circulation of State Models and Institutional Designs between Europe and Latin America—Transatlantic Perspectives on Political and Legal History in the Twentieth Century,” which was held virtually on 26 May 2022. The event was co-organized by the research group Modernity and Society 1800–2000 at the History Department, KU Leuven, and the School of Law and the School of Modern Languages and Cultures, University of Warwick. The initiative was also sponsored by the Instituto de Investigaciones de Historia del Derecho (INHIDE), a prestigious legal history research center based in Buenos Aires. We acknowledge the important assistance of Martin Kohlrausch and Magaly Rodriguez Garcia (KU Leuven), Ingrid de Smet (University of Warwick), and Ezequiel Abásolo and Viviana Kluger (INHIDE) in the final settlement of that event. The event was attended by prestigious legal scholars: Carlos Herrera (CY Cergy Paris Université), Peter Heyrman (KU Leuven), Elisa Speckman (Universidad Nacional Autónoma de México), Eduardo Zimmermann (Universidad San Andrés), and Werner Thomas (KU Leuven). Several exponents from diverse institutions in Europe and Latin America also participated as contributors in a rich interdisciplinary dialogue between legal history and political history: Zakia Mestari (University of Toulouse), Luciano Aronne de Abreu (Pontifícia Universidade Católica do Rio Grande do Sul), María Angélica Corva (Universidad Católica Argentina), Ana Brisa Oropeza Chávez (Universidad de Anahuac-Veracruz), Janne Schreurs (KU Leuven), Agustín Parise (Maastricht University), María Rosario Polotto (Universidad Católica Argentina), Pamela Cacciavillani (Universidad de Monterrey), and Horacio García Bossio (Universidad Católica Argentina) attended the meeting.
Ana Brisa Oropeza Chávez
The objective of this article is to analyze the possible influence of certain international organizations that granted funding to Mexico during the 1980s and 1990s, on higher education. It focuses on the curricular design of Law degree programs and, from that basis, provides a provisional explanation of the progressive “technocratization” of the curricula of liberal baccalaureates, especially those corresponding to the training in Law from the late twentieth century until today. The main purpose of this research is to find some of the causes that explain the suppression of subjects such as the History of Law (Roman, national, or universal) or the Philosophy of Law, fundamental disciplines in the formation of the legal criterion and the general culture of any jurist.
L'objectif de ce texte est d'analyser la possible influence de certaines organisations internationales qui ont accordé du financement au Mexique dans les années quatre-vingt et quatre-vingt-dix du siècle dernier, sur l'enseignement supérieur de ce pays. Nous nous concentrons sur la conception curriculaire des programmes du diplôme de Droit et, à partir de là, nous proposons une explication provisoire de la “technocratisation” progressive des programmes d’études des baccalauréats libérales, en particulier celle correspondant à la formation en Droit à cette époque jusqu’à nos jours. Ceci dans le but de trouver certaines des causes qui expliquent la suppression de sujets tels que l'Histoire du Droit (romain, national ou universel) ou la Philosophie du Droit, disciplines fondamentales dans la formation du critère juridique et la culture générale de tout juriste.
On the Edge of Turbulent Times
Transatlantic Readings on Political Institutions by Mexican and Argentinian Law Alumni, 1920s–1940s
Ignacio Alejandro López
This article tries to reflect on how jurists linked to the law schools at the University of Buenos Aires and the National Autonomous University of Mexico understood the problems of the Latin American representative system and the new features of the Western world's political crisis. It does so by focusing on the BA and PhD theses produced in both schools. We consider these written theses as privileged mirrors that reflect legal “cultures” and knowledge-transfer from an Atlantic perspective. They were also crucial mediums for new lawyers to reflect those changes in critical readings of European and American authors. Moreover, the article argues that these legal scholars played a key role in the circulation of legal and political knowledge in their local academic units.
María Rosario Polotto and Pamela Alejandra Cacciavillani
This article explores the process of circulation of normative models and legal theories between Europe and Latin America. It analyzes the circulation of the German possessory model in the Argentinian legal experience between the enactment of the Civil Code of 1869 and the Civil Code Draft of 1936. We argue that the prominence of possession in nineteenth-century local legal culture and practices both conditioned and encouraged the reception of this model. The criticisms that arose at the beginning of the twentieth century regarding the liberal property law of the Civil Code were channelled, in the Civil Code Draft of 1936, through an expansion of the protection of possession to situations not previously contemplated, such as rural and urban leaseholds. German law, which served among other things, as the basis for this legal innovation, was adapted to specific legal traditions operating in provincial regulations.
Transatlantic Legal Networks
Boris Mirkine-Guetzévitch and Brazil, 1927–1934
This article investigates the construction of the authority of jurist Boris Mirkine- Guetzévitch in the Brazilian political and legal fields between 1927 and 1934. Through the reading of the archives of the Rockefeller Foundation, it shows how Mirkine-Guetzévitch, inspired by the desire to preserve democracy and human rights, established key transnational centers for the diffusion of legal knowledge—the International Institute of Public Law (1927) and the Parisian Institute of Comparative Law (1931)—where his ideas were well received. It then argues, through the reading of the contemporary Brazilian press, that these organizations were instrumental in sustaining—or were actively employed to sustain—his contacts with Brazilian personalities starting from 1932. By analyzing the 1933–1934 Annals of the Brazilian National Constituent Assembly, this article concludes that this effort was successful, and that Mirkine-Guetzévitch became a key reference for Brazilian liberal politicians during the debates leading to the promulgation of the 1934 Constitution.
Daniel Nethery and Elisabeth C. Macknight
Megan Brown, The Seventh Member State: Algeria, France, and the European Community. Cambridge, MA: Harvard University Press, 2022. Bibliography and index. 369 pp. $39.95 (hb) ISBN 978067425114.
Peter Mulholland, Love's Betrayal: The Decline of Catholicism and Rise of New Religions in Ireland. Oxford and Bern: Peter Lang, 2019. Bibliography and index. 362 pp. $90.95 (hb) ISBN 9781787071278.
Using eyewitness accounts by some French writers who sojourned in Macau during the nineteenth and early twentieth centuries, this article investigates Macanese history from French perspectives. Attention is given to history, culture, and literature within writers’ interpretations. A distinct feature of Macanese history in this period is a story of the conflict between changed and unchanged, glory and decline, temporariness and timelessness. Imbued with admiration, reminiscence, and critique, the observations made by the French writers form a unique panoramic view over Macau. Such observations illustrate how Western culture examined itself, here represented as Portuguese culture, and the manifestations of this particular culture after being transplanted into another country far from the homeland. Integration of French perspectives can enhance the writing of Macanese history by providing particular insights and literary discernment.
Karsavina, Mallarmé, and Mauclair
A Literary pas de trois in Early Twentieth-Century Dance Criticism
The early twentieth century saw a renewed critical interest in the expressive potential of dance, sparked by the overwhelming success of Diaghilev's Ballets Russes. Taking Camille Mauclair's 1912 review “Karsavina et Mallarmé” as a point of departure, this article explores contemporary attitudes toward the dancing woman, the sexual potential of her body, and the desire to transcend (or erase) her corporeality. For Mauclair, Mallarmé's writings provided an intellectual lens through which dance could be detached from the physicality of the danseuse and recast as a serious artistic and intellectual pursuit. This article argues that Mauclair and other critics who sought to abstract dance from the dancer collectively articulated a cohesive alternative to the supposed “physical imperative” of this period.