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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Mansfieldism: Law and Politics in Anglo-America, 1700-1865

Buehner, Henry Nicholas January 2014 (has links)
Lord Mansfield is typically remembered for his influence in common law and commercial law, and his decision in Somerset v. Stewart , which granted a slave, brought to England, habeas corpus to refuse his forced transportation out of that nation by his master. Both conditions allowed observers to praise him for what they viewed as very modern notions about economy and society (capitalism and anti-slavery, respectively). Mansfield's primary position as Chief Justice of King's Bench in England, which contributed most of the only published material from him, shielded him from any scrutiny about his wider influence in general British governance in the period of his public career, roughly 1740-1790. Throughout his career, Mansfield played a large role in the general government of the British Empire. Beginning with his role as Solicitor General in 1742 and continuing after he became Chief Justice in 1756, Mansfield interacted and advised the highest members of the British ruling elite, including the monarch. Because the nature of British governance in the 18th Century was very porous, Mansfield partook in the exercise of legislative (through his seats in the House and Commons and Lords), executive (through a formal seat on the Privy Council and later in the King's Closet), and judicial (through his roles as Solicitor and Attorney General, Chief Justice of King's Bench, and temporary positions as Lord Chancellor) power practically simultaneously throughout his career. In these capacities, Mansfield contributed to imperial policy at a critical moment. He was a champion for the British Empire as the beacon of the most perfect society at that time - a perspective he developed through his education and experiences during the crucial formative years of the British nation. He channeled his support for Britain into a seemingly rigid dogma that saw any threat or challenge to British authority or culture as inherently illegitimate. In this regard, Mansfield favored British domination over the other imperial powers, and he immediately rejected the earliest complaints of the Americans over British rule. Because of the nature of his position within British governance, Mansfield's view remained constant in a government that witnessed continual turnover. The potential of Mansfield's influence was not lost upon the public. Many factions from "true Whigs" such as John Wilkes, and American patriots viewed him as the epitome of the problem with the British government-its seemingly arbitrary, unconstitutional, and tyrannical posture toward everything. Mansfield posed a particular challenge for these groups because he was a Chief Justice, and they believed he was supposed to adhere to a strong notion of justice. Instead, they saw him continually leading their repression, and so they questioned the basis of the whole British system. Through pamphlets, newspapers, and visual prints, these groups identified Mansfield as a key conspirator, which they attributed to an anti-British disposition. In these ways, Mansfield and his opponents squared off over the definition of true Britishness internally and imperially. When these opponents gathered enough strength (Londoners during the Gordon Riots, and Americans with their War of Independence), they aimed to pull down Mansfield and his comrades for their violations. The former failed to overthrow society, but they arguably hastened a change in government. The latter succeeded in their movement to exit the Empire. The Revolution was not a total transformation for the Americans, however. They struggled to define their new nation and America had similar imperial aspirations. In this environment, Mansfield was the quintessential symbol of early national "leaders" bipolar attitudes towards Britain. Some leaders such as John Adams embraced their British heritage, and used Mansfield as a model to develop a strong, centralized, commercial nation. Other leaders such as Thomas Jefferson saw Mansfield as the chief villain to the idea of America. Jefferson coined the phrase "Mansfieldism" which he identified as a caustic relationship between law and government that favored the development of political and legal elitism that challenged the interests and participation of common citizens. Jefferson viewed Mansfield as the essential symbol of the American anti-revolution. These first-generation independent Americans both remembered Mansfield for his direct participation in the imperial crisis, but for Adams and his fellow Federalists, they had to initiate redemption for Mansfield to justify their program to create America. The redemption was successful. American institutions used Mansfield to fine-tune the balance between their British heritage and uniquely American outlook. As successive generations of Americans emerged into the political sphere, they remembered his seemingly progressive positions on law and society as presented through his court decisions over his actual participation against their independence. Especially through a selective reading of his decision in Somerset, Mansfield became the legal prophet for abolitionist nationalism. His decision arguably provided a legal precedent against the institution of slavery, but it more importantly transformed into the moral imperative of the movement. In this manner, Mansfield became fully redeemed among Americans. / History
2

A implosão da ordem: a crise final do Império e o Movimento republicano paulista / The social changes: the crisis in the Second Brazils´Empire and the Republican movement in São Paulo

Costa, Milene Ribas da 14 September 2006 (has links)
Analisamos neste trabalho como as transformações econômicas e sociais, que ocorreram no Segundo Reinado, contribuíram para desestabilizar a ordem imperial e, ao mesmo tempo, fortalecer o movimento republicano. As mudanças relacionadas à manutenção do trabalho escravo, que se colocava como o principal pilar de sustentação da ordem imperial, desencadearam necessidades divergentes que não podiam ser satisfatoriamente atendidas pela monarquia brasileira. Com isso, o movimento republicano que se organiza a partir de 1870 busca nas fragilidades do Império o seu espaço de atuação. Os republicanos, sentindo-se excluídos do jogo político imperial, viram na República Federativa a alternativa para a centralização política e administrativa do Império. Mas, é em São Paulo, onde os efeitos negativos dessa centralização eram mais sentidos, que se desenvolve o partido republicano mais forte e organizado do movimento. O republicano paulista Alberto Sales, dialogando com a insatisfação da elite econômica de São Paulo, envolve-se no trabalho doutrinário, que tinha como objetivo construir um programa capaz de orientar a ação republicana e torná-la coesa. Entretanto, os rumos que a República tomou na sua primeira década de vigência contribuíram para que esse propagandista paulista se desencantasse com ela. Buscamos aqui explorar o contexto político, econômico e social em que o movimento republicano emerge e investigar, a partir da teoria que orientou o movimento em São Paulo, as razões que poderiam explicar o desencantamento de um dos seus principais propagandistas com a República que se efetivou. / The objective of this paper is to analyze how the economical and social changes which occurred in the Second Empire helped to destabilize the imperial order and, at the same time, strengthen the republican movement. The changes related to the maintenance of slavery, which was the foundation of the imperial order, yielded divergent needs that could not be met satisfactorily by the Brazilian monarchy. Thus, the republican movement that became organized after 1870 tried to find in the empires´ weaknesses its field of action. The republicans, feeling excluded from the imperial political game, saw in the Federal Republic an alternative for the administrative and political centralization of the Empire. But, in Sao Paulo, where the negative effects of this centralization were most seriously felt, the strongest and best organized Republican Party arose. Alberto Sales, a republican from Sao Paulo, conversing with the dissatisfied economically elite there, got involved in political indoctrination to build a program capable of guiding the republican action and making it consistent. Nevertheless, the direction taken by the Republic in its first decade led the propagandist Alberto Sales to disappointment. We wish here to explore the political, economical and social contexts in which the republican movement emerged and to investigate, by taking as a starting point the theory that guided the movement in Sao Paulo, the reasons that could explain the disappointment of one of the Republic\'s most important propagandists.
3

A implosão da ordem: a crise final do Império e o Movimento republicano paulista / The social changes: the crisis in the Second Brazils´Empire and the Republican movement in São Paulo

Milene Ribas da Costa 14 September 2006 (has links)
Analisamos neste trabalho como as transformações econômicas e sociais, que ocorreram no Segundo Reinado, contribuíram para desestabilizar a ordem imperial e, ao mesmo tempo, fortalecer o movimento republicano. As mudanças relacionadas à manutenção do trabalho escravo, que se colocava como o principal pilar de sustentação da ordem imperial, desencadearam necessidades divergentes que não podiam ser satisfatoriamente atendidas pela monarquia brasileira. Com isso, o movimento republicano que se organiza a partir de 1870 busca nas fragilidades do Império o seu espaço de atuação. Os republicanos, sentindo-se excluídos do jogo político imperial, viram na República Federativa a alternativa para a centralização política e administrativa do Império. Mas, é em São Paulo, onde os efeitos negativos dessa centralização eram mais sentidos, que se desenvolve o partido republicano mais forte e organizado do movimento. O republicano paulista Alberto Sales, dialogando com a insatisfação da elite econômica de São Paulo, envolve-se no trabalho doutrinário, que tinha como objetivo construir um programa capaz de orientar a ação republicana e torná-la coesa. Entretanto, os rumos que a República tomou na sua primeira década de vigência contribuíram para que esse propagandista paulista se desencantasse com ela. Buscamos aqui explorar o contexto político, econômico e social em que o movimento republicano emerge e investigar, a partir da teoria que orientou o movimento em São Paulo, as razões que poderiam explicar o desencantamento de um dos seus principais propagandistas com a República que se efetivou. / The objective of this paper is to analyze how the economical and social changes which occurred in the Second Empire helped to destabilize the imperial order and, at the same time, strengthen the republican movement. The changes related to the maintenance of slavery, which was the foundation of the imperial order, yielded divergent needs that could not be met satisfactorily by the Brazilian monarchy. Thus, the republican movement that became organized after 1870 tried to find in the empires´ weaknesses its field of action. The republicans, feeling excluded from the imperial political game, saw in the Federal Republic an alternative for the administrative and political centralization of the Empire. But, in Sao Paulo, where the negative effects of this centralization were most seriously felt, the strongest and best organized Republican Party arose. Alberto Sales, a republican from Sao Paulo, conversing with the dissatisfied economically elite there, got involved in political indoctrination to build a program capable of guiding the republican action and making it consistent. Nevertheless, the direction taken by the Republic in its first decade led the propagandist Alberto Sales to disappointment. We wish here to explore the political, economical and social contexts in which the republican movement emerged and to investigate, by taking as a starting point the theory that guided the movement in Sao Paulo, the reasons that could explain the disappointment of one of the Republic\'s most important propagandists.

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