“A Body Politic to Govern: The Political Humanism of Elizabeth I” is a study that examines the influence between the virtues and thoughts of the political humanists of the Italian Renaissance, and the political persona of England’s Elizabeth I. In order to do this I have dealt with questions concerning how Elizabeth constructed literary works such as letters and speeches, as well the style in which she governed England. I have studied Elizabeth’s works and methods within their literary and historical contexts. This has included the examination of the works of relevant humanist contemporaries such as her own advisors, Members of Parliament, and fellow monarchs. In the course of my research I have traveled to libraries and archives in the United States, England, and Scotland to study original manuscripts when possible as well as microfilm copies of the originals in other cases. My focus was to examine the literary works of Elizabeth I within their historical contexts in order to see what possible influence might be discernible from contemporary humanist as well as classical sources. In this dissertation I demonstrate a discernible influence between the thoughts and virtues of political humanism upon the public presentation of Elizabeth I’s political persona. Elizabeth exemplified the virtues of political humanism through her dedication to the vita activa, amor patriae, and service to the greater good of her realm. In so doing I argue that Elizabeth presented herself as a prince stressing her classical education and divine-sanction as the authority by which she ruled England’s government and church.

There has been considerable debate within the field of Japanese intellectual history with respect to the influence of Nishida Kitarō (1870-1945) on the ideological foundations and philosophical justification of Japanese fascism. One of the most influential Japanese thinkers of the twentieth century and widely considered to be the father of modern Japanese philosophy, his contemporary relevance is considered to be at risk should these accusations be true. As such, contemporary scholars have attempted to show how Nishida’s philosophy was decidedly anti-fascist, and that he was in fact opposed to the actions of the wartime regime. However, as this thesis will argue, by considering Nishida’s philosophy within the larger historical context of global modernity one can see that his contemporary relevance lies in just that which allows one to consider his thought as fascist, his critique of modernity. Nishida was reacting to the transforming social and cultural landscapes that had followed the modernization of Japan initiated by the Meiji Restoration (1868). As a result, he attempted to posit a transhistorical ideal of Japanese culture, embodied concretely in the Emperor that could withstand the social abstractions of modernity. However, it was ultimately his failure to grasp his own conditions of possibility in the very modernity that he was critiquing that pushed his thought increasingly to the right, helping to fuel and legitimize the emerging fascist ideology.

After the Meiji Restoration of 1862, Western philosophy was imported and infused into Japanese culture and its intellectual climate. By the early 20th Century, Kyoto School philosophers and romantic authors sought to reaffirm Japanese culture, believed jeopardised by the hastened development of Western capitalist modernity. This movement became politically charged, and is not without fascist allegations. After the Second World War modernism again became a primary intellectual concern, as modernists and Asianists alike attempted to struggle with the idea of fascism in Japan. Works of Nishida Kitaro (1870-1945) and Watsuji Tetsuro (1889-1960), and the prewar contexts within which they were written, will be compared to the postwar thinkers Maruyama Masao (1914-1996) and Takeuchi Yoshimi (1910-1977). The purpose of this thesis is to examine how Japanese thinkers before and after the Second World War understood and responded to the global process of modernity, and how it relates to such political movements as liberalism and fascism.

This dissertation argues that the idea of constitutional rights transformed Canadian constitutional law well before the entrenchment of the Canadian Charter of Rights and Freedoms. Specifically, it locates the origins of Canada’s twentieth-century rights revolution in the constitutional thinking of scholars, lawyers, judges, and politicians at mid-century (1930-1960). Drawing on archival documents, personal papers, government reports, parliamentary debates, case law, and legal scholarship, this work traces the constitutional thought and culture that first propelled human rights and fundamental freedoms to the forefront of the Canadian legal imagination. As a work of legal history, it also seeks to revive the dormant spirit of constitutional history that once pervaded the discipline of Canadian constitutional law. The Introduction situates the chapters that follow within the emerging Canadian historiography of rights. Chapter Two traces the origins of Frank Scott’s advocacy for constitutional rights to the newer constitutional law, an approach to constitutional scholarship sparked by the social and political upheavals of the Depression, and the influence of Roscoe Pound’s sociological jurisprudence. Chapter Three explores the varied dimensions of the Second World War’s influence on the nascent idea of Canadian constitutional rights. In particular, the rapid rise of the wartime administrative state produced a rights discourse that tended to reflect the interests of property while ignoring the civil liberties of unpopular minorities. Chapter Four examines the rise of a politics and scholarship of rights in the years immediately following the war. In response to international rights ideals and continuing domestic rights controversies, scholars and lawyers sought to produce a theory of Canadian constitutional law that could accommodate the addition of judicially-enforced individual rights. If not entirely successful, their efforts nonetheless further reoriented the fundamental tenets of Canadian constitutional law. Chapter Five reveals the influence of Canada’s emerging constitutional culture of rights on the jurisprudence of the Supreme Court of Canada, particularly Justice Ivan Rand and his conception of an implied bill of rights. Together, these chapters demonstrate the confluence of ideology, circumstance, and personality – the constitutional history – that altered the future of Canadian constitutional law.

This thesis locates John G. Diefenbaker’s electoral triumphs in the general elections of 1957 and 1958 and his subsequent world tour within the context of the revival of Conservative nationalism in the postwar period. To make his case against a Liberal government that had been in power for twenty-two years, Diefenbaker had to engage the public in a response to political events based on an appreciation of an abstract and not quite palpable threat to democracy and a national way of life. He did so by harnessing the persuasive techniques of public relations and the new medium of television—a powerful combination that Diefenbaker knew could most effectively tell and sell a national narrative. The signature he settled on was the “New National Policy.” The choice harkened back to a discourse of Conservative nationalism that spoke of the antiquity of his party ideology and rediscovered the heroes who founded the nation. The “New National Policy” was a therapeutic ethos designed to assuage voters’ fears about mass consumption, continentalism, communism, and the end of empire: it ensured that the greatness of events and men of the past could guarantee the ideas and values of the present; it was gendered in its construction of patriotic manhood, exalted motherhood, and icons of nationalist ideology; it was transnational in scope; it told of a relation of cause-and-effect that resembled a theory of history more than a blueprint for public policy; it was fashioned to disarm critical analysis because it conformed to the structures and traditions of storytelling and the clichés of historical memory. This thesis makes three interrelated arguments. First, it argues that the systems of values and meanings on which Diefenbaker drew cannot be understood by analyzing his personal foibles or tracing his rise and fall through a series of events. Partisan narratives are built out of the dialectical interchange between warring political ideologies and are stories fitted to character, circumstance, and experience. Second, it suggests that Diefenbaker was a transitional figure whose vision, message, leadership style, and public relations campaign seemed to best fit the barely discernable dimensions of the political and cultural change of the immediate postwar decades. Finally, by examining resurgence of Conservative nationalism in the context of imperial decline, it seeks to show that partisan narratives in English Canada in the 1960s cannot be understood outside of the larger transnational contexts in which they emerged.

This dissertation argues that the idea of constitutional rights transformed Canadian constitutional law well before the entrenchment of the Canadian Charter of Rights and Freedoms. Specifically, it locates the origins of Canada’s twentieth-century rights revolution in the constitutional thinking of scholars, lawyers, judges, and politicians at mid-century (1930-1960). Drawing on archival documents, personal papers, government reports, parliamentary debates, case law, and legal scholarship, this work traces the constitutional thought and culture that first propelled human rights and fundamental freedoms to the forefront of the Canadian legal imagination. As a work of legal history, it also seeks to revive the dormant spirit of constitutional history that once pervaded the discipline of Canadian constitutional law. The Introduction situates the chapters that follow within the emerging Canadian historiography of rights. Chapter Two traces the origins of Frank Scott’s advocacy for constitutional rights to the newer constitutional law, an approach to constitutional scholarship sparked by the social and political upheavals of the Depression, and the influence of Roscoe Pound’s sociological jurisprudence. Chapter Three explores the varied dimensions of the Second World War’s influence on the nascent idea of Canadian constitutional rights. In particular, the rapid rise of the wartime administrative state produced a rights discourse that tended to reflect the interests of property while ignoring the civil liberties of unpopular minorities. Chapter Four examines the rise of a politics and scholarship of rights in the years immediately following the war. In response to international rights ideals and continuing domestic rights controversies, scholars and lawyers sought to produce a theory of Canadian constitutional law that could accommodate the addition of judicially-enforced individual rights. If not entirely successful, their efforts nonetheless further reoriented the fundamental tenets of Canadian constitutional law. Chapter Five reveals the influence of Canada’s emerging constitutional culture of rights on the jurisprudence of the Supreme Court of Canada, particularly Justice Ivan Rand and his conception of an implied bill of rights. Together, these chapters demonstrate the confluence of ideology, circumstance, and personality – the constitutional history – that altered the future of Canadian constitutional law.

This thesis locates John G. Diefenbaker’s electoral triumphs in the general elections of 1957 and 1958 and his subsequent world tour within the context of the revival of Conservative nationalism in the postwar period. To make his case against a Liberal government that had been in power for twenty-two years, Diefenbaker had to engage the public in a response to political events based on an appreciation of an abstract and not quite palpable threat to democracy and a national way of life. He did so by harnessing the persuasive techniques of public relations and the new medium of television—a powerful combination that Diefenbaker knew could most effectively tell and sell a national narrative. The signature he settled on was the “New National Policy.” The choice harkened back to a discourse of Conservative nationalism that spoke of the antiquity of his party ideology and rediscovered the heroes who founded the nation. The “New National Policy” was a therapeutic ethos designed to assuage voters’ fears about mass consumption, continentalism, communism, and the end of empire: it ensured that the greatness of events and men of the past could guarantee the ideas and values of the present; it was gendered in its construction of patriotic manhood, exalted motherhood, and icons of nationalist ideology; it was transnational in scope; it told of a relation of cause-and-effect that resembled a theory of history more than a blueprint for public policy; it was fashioned to disarm critical analysis because it conformed to the structures and traditions of storytelling and the clichés of historical memory. This thesis makes three interrelated arguments. First, it argues that the systems of values and meanings on which Diefenbaker drew cannot be understood by analyzing his personal foibles or tracing his rise and fall through a series of events. Partisan narratives are built out of the dialectical interchange between warring political ideologies and are stories fitted to character, circumstance, and experience. Second, it suggests that Diefenbaker was a transitional figure whose vision, message, leadership style, and public relations campaign seemed to best fit the barely discernable dimensions of the political and cultural change of the immediate postwar decades. Finally, by examining resurgence of Conservative nationalism in the context of imperial decline, it seeks to show that partisan narratives in English Canada in the 1960s cannot be understood outside of the larger transnational contexts in which they emerged.

There has been considerable debate within the field of Japanese intellectual history with respect to the influence of Nishida Kitarō (1870-1945) on the ideological foundations and philosophical justification of Japanese fascism. One of the most influential Japanese thinkers of the twentieth century and widely considered to be the father of modern Japanese philosophy, his contemporary relevance is considered to be at risk should these accusations be true. As such, contemporary scholars have attempted to show how Nishida’s philosophy was decidedly anti-fascist, and that he was in fact opposed to the actions of the wartime regime. However, as this thesis will argue, by considering Nishida’s philosophy within the larger historical context of global modernity one can see that his contemporary relevance lies in just that which allows one to consider his thought as fascist, his critique of modernity. Nishida was reacting to the transforming social and cultural landscapes that had followed the modernization of Japan initiated by the Meiji Restoration (1868). As a result, he attempted to posit a transhistorical ideal of Japanese culture, embodied concretely in the Emperor that could withstand the social abstractions of modernity. However, it was ultimately his failure to grasp his own conditions of possibility in the very modernity that he was critiquing that pushed his thought increasingly to the right, helping to fuel and legitimize the emerging fascist ideology.

This dissertation traces the development of a modern approach to comparative law that arose out of the fin-de-siècle critique of nineteenth-century legal thought in France and the United States. This critique undermined a mode of legal reasoning that assumed the common law and the civil code were internally-coherent and gapless systems of rules from which judges could logically deduce legal outcomes. As rapid social and economic changes swept across the Atlantic World, jurists influenced by reform movements sought to make the law more responsive to changing conditions, while also addressing the problem of legal indeterminacy posed by the critique of deduction. One group of jurists—including Raymond Saleilles, Édouard Lambert, Roscoe Pound, and John Wigmore—responded to these challenges by turning to comparative law. Because they could no longer pretend to access static legal concepts, these jurists worked to achieve stability by formulating the best legal solution for a particular time and place—replacing timeless Truth with the historicized, spatial truths of comparative law. Before the First World War, however, French and American comparativists struggled to get beyond the differences between the common law and the civil law. Unlike the social theorists of the day, whose transatlantic exchanges constituted a veritable marketplace of ideas, the comparativists of the Progressive Era and the Belle Époque held each other at arm’s length. This changed, however, when the Great War led to a profound realignment of intellectual affinities. As a result of the collateral damage suffered by Germany’s scientific reputation, French and American jurists turned to different sources for legal exchange—each other. During the interwar period, Franco-American jurists sought to achieve a rapprochement that would unite their laws in a “common law for the League of Nations.” This alliance finally bore fruit during two International Congresses of Comparative Law in the 1930s, but the intervening exchanges did not constitute a marketplace of ideas. Rather, they are best understood as a protracted contract negotiation over the terms of comparative law. Though the French and the Americans ultimately achieved a “meeting of the minds,” this outcome was far from certain when the century began. / History

There has been considerable debate within the field of Japanese intellectual history with respect to the influence of Nishida Kitarō (1870-1945) on the ideological foundations and philosophical justification of Japanese fascism. One of the most influential Japanese thinkers of the twentieth century and widely considered to be the father of modern Japanese philosophy, his contemporary relevance is considered to be at risk should these accusations be true. As such, contemporary scholars have attempted to show how Nishida’s philosophy was decidedly anti-fascist, and that he was in fact opposed to the actions of the wartime regime. However, as this thesis will argue, by considering Nishida’s philosophy within the larger historical context of global modernity one can see that his contemporary relevance lies in just that which allows one to consider his thought as fascist, his critique of modernity. Nishida was reacting to the transforming social and cultural landscapes that had followed the modernization of Japan initiated by the Meiji Restoration (1868). As a result, he attempted to posit a transhistorical ideal of Japanese culture, embodied concretely in the Emperor that could withstand the social abstractions of modernity. However, it was ultimately his failure to grasp his own conditions of possibility in the very modernity that he was critiquing that pushed his thought increasingly to the right, helping to fuel and legitimize the emerging fascist ideology.