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Feminism in american literature
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Feminism in american literature
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The ideal historian is someone who wants to find the answer, but does not care what the answer is, curious but not committed. One might only look at the Declaration of Independence, or the Gettysburg Address to see how even a valuable historical document contains what some might call bias. Bias, according to the Merriam-Webster Dictionary, is defined as “an attitude that favors one way of feeling without considering other possibilities.” Subsequently, if Founding Fathers, and Abraham Lincoln wrote documents that fit the definition of being biased, what document is not. One such document, Memorable Decision of the High Court of Toulouse, is written impartially, and is styled with such particularity, that the reader is left wondering, what did …show more content…
the historian feel about this event? While history has long been interpreted through biased opinions, however to truly study history, a historian must form an impartial view when it comes to primary sources, or in other words it must be translated through the eye of a skeptic. Jean de Coras studied law, and would go on to later teach law at the University of Toulouse.
In 1552, De Coras became a member of the Toulouse parliament and participated in the famous trial of Martin Guerre. His document recorded the trial as a first hand witness, and participant of the case. The document Memorable Decision of the High Court of Toulouse was published October 7, 1571, in Romance of Real Life. De Coras’s document recounts the dissertation of Martin Guerre from his wife, Arnault du Tilh tricking his way into attaining Martin Guerre’s property, and wife Bertrande for four years before incidents would arise to cause doubt among the wife and family De Coras would go on to recount his observations of the uncle’s case against Tilh for being an imposter, and the verdict that would send Tilh to the …show more content…
noose. One can only read this document to understand its impartial account of the events that took place before, during, and after the trial of Martin Guerre. The meticulous notes can be attributed to De Coras’s experience and participating role in the case. Much of the vocabulary and tone of the document resonates the legal genre, “the procedure of the case” and “at last he was forced for the sake of justice to sue him for the recovery of property.” De Coras was a counselor and recorder of the trial, and does not present any purpose in presenting this document for anything more than as a historical and legal record of the case. As it comes to impartiality in both history and law, it is not always easy to identify favoritism, however De Coras is able to identify it within the case.
“And the court had strong reason to believe in this judgment that the prisoner was Martin Guerre, not only because of what was said, but in addition because this opinion favored the marriage, the children, the issue of it, and the cause of the accused. De Coras calls out the court favored the societal construct of marriage, and the wish to have everything settled, was willing to settle in favor of the imposter, even with the lack of evidence to support such a
judgment. De Coras found the witnesses to be biased. Witness statements have been used in court cases, and have recently come under fire for their reliability. De Coras mentions the witnesses presented in the case, and how their value could be questioned. “In accordance with this opinion as the most just, it seems that the conjectures and arguments to the contrary are of little or no value. For, first as to the number of witnesses, the answer is clear as to what has been said above, that more trust should be given to witnesses testifying for the prisoner, although they are not very many, as much because they testified to more believable things, as because they also affirmed and witnessed in favor of the marriage, the children, and the accused.” In De Coras’s opinion, when a case such as the Guerre’s case comes with no evidence, it is his conclusion that witness statements hold little value. They are part of the reason the case became so confusing that by the end, the case hinged on a single question. De Coras was convinced of the unreasonable evidence against Tilth, and until the moment the “real” Martin Gurre stepped forth, would have sided with Tilth. “One sees his effort to comprehend the trial in the breaks and repetitions in the narrative and a certain confusion in the style. He clearly regrets the outcome of the trial and tries to explain why he was deceived.” Overall, De Coras tried to present the case as impartially as he could, in order to show how, when all the facts are laid out, the case came to the conclusion that it did. Du Coras saw the dangers of bias and patiality in law, and translated the case through the eye of an impartial writer.
...his seemingly routine case of fornication and premarital pregnancy proved to be significant for early American legal history. The unfolding of this story and the legal changes that it brought about makes evident that by the end of the seventeenth century, The Eastern Shore had shaped a distinct legal culture. The characters involved in each case also revealed the extent the powerful players were able to shape the law to their own self-interests. The goal of the powers to be was to protect property interests, protect personal reputation and liberty, and to maintain social order.
The Return of Martin Guerre, written by Natalie Zemon Davis, is the tale of a court case that takes place in sixteenth century France. Martin Guerre is a peasant who deserted his wife and family for many years. While Martin Guerre is gone, a man named Arnaud du Tilh arrives at Martin’s village and claims to be Martin Guerre. Bertrande, who is Guerre’s wife, Guerre’s sisters, and many of the villagers, accepts the imposter. After almost three years of being happily married, Bertrande takes the fraud to court under pressure of Pierre Guerre, her stepfather and Guerre’s brother. Arnaud du Tilh is almost declared innocent, but the real Martin Guerre appears in the courthouse. Throughout this tale, many factors of the peasant life are highlighted. The author gives a very effective and detailed insight to a peasant’s life during the time of Martin Guerre. Davis does a successful job of portraying the peasant lifestyle in sixteenth century France by accentuating the social, cultural, and judicial factors of everyday peasant life.
Both syntax and diction were largely presented as Polly Baker threw rhetorical questions of why she was being punished legally if it was only supposed to be a religious punishment. Even including that God, himself, helped make her children, even though it was a crime to have children without being married, and her children nicknamed, “Bastard Children.” When all put together “The Speech of Miss Polly Baker” creates a passionate tone that is fighting against the injustice of the judicial system at that
In Richard Hofstadter’s book “American Political Tradition” he describes twelve biographical portraits of American statesmen, breaking them from longstanding reputations and putting them under scrutiny. Shockingly, among these statesmen is Abraham Lincoln. Hofstadter criticizes both his legacy and his political intentions. Lincoln, a president nationally regarded as a “self-made” man, nicknamed “Honest Abe,” and generally well liked, is not typically heavily criticized (Hofstadter 121). Hofstadter believed his reputation of being “self-made” was simply just a myth that he used to advance his political career and to seize opportunities of advancement (122). Although Hofstadter believes Lincoln’s reputation is not as notable as history says
Historians can either disagree or agree into a situation to find the meaning of outcomes. Certainly the past had happened the way it is therefore history is always explained from other people’s perspective. The perspective of historians such as Bernard Baiylin or Gary Nash can relate to the American Revolution, however Baiyln has a stronger argument because he expands the topic, gives great information that readers can pick up right away, and has reliable sources while Nash’s argument is weak because of difficult wording, relies on common data, and lacks of direct facts that relate to his topic.
In this paper I will explain and discuss the historical events that took place in a small rural town in early Massachusetts. The setting for which is Irene Quenzler Brown's and Richard D. Brown's, The Hanging of Ephraim Wheeler. I will explain the actions and motives of Hannah and Betsy Wheeler in seeking legal retribution of husband and father Ephraim Wheeler. I will also discuss the large scope of patriarchal power allowed by the law and that given to husbands and masters of households. Of course, this will also lead to discussions of what was considered abuse of these powers by society and the motivation for upholding the Supreme Court's decision to hang Ephraim Wheeler.
The aim of this paper is study the same primary sources that other historians have studied and see what conclusions if any can be drawn from them. The primary sources that will be used in this paper include but are not limited to online transcripts of the trial records, and other material written by the many historians of the years.
The article is predominantly a court dialogue of the Bradley’s and any witnesses about the alleged abuse from Mr. Bradley against Mrs. Bradley. Providing pictures of strangulation marks, blackened eyes, and witnessed whom Mr. Bradley threatened and or harassed, Mr. Bradley found a rebuttal for each of the claims. The answers that Mrs. Bradley provided Judge for his questions showed how hard it was for her to leave her husband, how scared she and her family were. This article also provides information about voicemails Mr. Bradley left her parents threatening to kill their daughter if they didn’t send her back to his home. The article discusses in detail their treacherous relationship and Mrs. Bradley’s death. The article is from a periodical and was not peer reviewed, however the article is a dialogue from court with no personal opinion from the author. I believe this to be my strongest
She talks about court cases, in the R. v. Clarke, the wife ordered a divorce from her husband, two weeks later she is raped by her husband. The rule was that it was considered rape because the wife ordered a divorce which meant the couple were not one any more but two individuals. There are a few more case rulings that later lead to the elimination of the Marital Rape Exemption law in the R. v. R case. The case is about when the wife leaves with her child to her parent’s home, two days later the husband calls to say he is going to divorce her. A few weeks later he, the husband, breaks in his wife’s parents house and forced/attempts to force his wife to have sex. The Judge, Judge Owens, states he does not make laws but he does rule what he believes the laws mean. This I believe is important because later in the passage the author points out that Judge Owens believed that in this case the wife did consent of having sexual intercourse with her husband but he did believe the husband could be charged of rape because there was violence involved. Judge Owens concluded that the numerous amount violence involved states the husband was found guilty but he did not talk about marital rape but mostly of the violence involved. Later the case was appealed and it ruled “unlawful”,
"One lesson that we might draw from our historical cases and from Billy Budd is that Vere, Shaw, and Parson are corrupt and hypocritical men, employing a rhetoric of strict adherence to the law in order to disguise their conscious manipulation of the law. Or, more generously, we might conclude that they are sincere men who are so concerned with fulfilling their duty that they unconsciously violate the very principles they claim to uphold. A more fruitful line of inquiry is to try to understand what it is about the logic of the legal order they have sworn to defend that causes three well-intentioned men seemingly to contradict their own most sacred principles.
As Frankenstein returns to the court, the guilt burdens him because the court condemns Justine for a crime she does not commit. The tragedy of William’s death brings the burden of constant
In his work, The Real Lincoln, economic historian Thomas J. DiLorenzo tells quite the different tale. Daring to criticize this beloved president, DiLorenzo defends his antithetical statements with several key points: Lincoln was more similar to a dictator than an American President. Arguing that the War Between the States was wholly unconstitutional, DiLorenzo corrects the popular misconception that Lincoln’s war was one of abolition. War was not necessary to end slavery, but it was necessary to fulfill Lincoln’s true agenda – to destroy the most significant check on the powers of the central government: the right of secession.1
Since he cares little for the affairs of the world, claiming they do not mean anything, then justice—a major concern of the world—also means nothing to him. His actions both before and after his decision to kill a man without provocation demonstrate his apathetic view of the world, and his indifference to justice. Therefore Meursault’s search for justice, culminated by the court’s decision to execute him, remains an example to all of the inability of society to instill justice in criminals. Meursault’s perpetual refusal to acquire a sense of morality and emotion instigates skepticism in all who learn of his story of society’s true ability to instill justice in the
...r a loving family member. J12 mentions a few times that Ducic seems to be acting like a kid, or someone who is capable of loving his mother. This creates conflict with some of the other jurors whom see Ducic more as a murderer with no soul rather than a loving son. By categorizing Ducic as a kid simply wanting his mother’s love shows that J12 is attempting to connect the nature and characteristics of kids to that of Ducic. Kids do not always think everything through and get into issues as a result of their carelessness and lack of competency. J12’s categorization of Ducic as an adolescent is an attempt to support her decision on a punishment that does not involve death.
We are all taught essentially the same things in school. We learn of the presidents and what they did and when they did it. But we know, as adults, that we did not get all the facts or even a portion of the correct facts in regards to history. In the essay, "The Historian and His Facts," Edward Hallett Carr shares a bit of insight into the people who record history and write about it. We are given a deeper understanding of historians and just what it is they do and what they know. By doing so Carr gives the reader an opportunity to question much of the history that we are exposed to and taught. The historian Barbara Tuchman says that the most common question asked of historians by the public is whether history serves a purpose and whether we can learn from the lessons of history (Tuchman 608).