The New British Imperial Law of Nationality

1915 ◽  
Vol 9 (4) ◽  
pp. 870-882
Author(s):  
Richard W. Flournoy

The law of nationality, which determines the relation borne by private individuals to sovereign states, is a distinct branch of public law. Being necessarily somewhat technical and detailed in its provisions, it does not ordinarily attract popular interest and attention in times of peace. However, when war breaks out, the question of nationality is seen to be one of vital importance to the state. In times of peace the population of a country presents an appearance of uniformity, and citizens and aliens mingle freely, carrying on the ordinary business of life with each other, apparently regardless of the question of allegiance. Especially has this been so in modern times, with their extensive intercourse between nations and liberal laws governing the rights of aliens. But, nevertheless, when a country is cast into the crucible of war, the component parts of its population are quickly separated into citizens or subjects, allies, alien enemies and neutrals. For some years the theory has been growing that divisions of nationality are being obliterated and replaced by economic and class divisions. The great war now being waged has proven that, whether or not the change mentioned is in a process of development, it has not yet reached the stage where it effectively controls the relation between separate countries. Divisions of nationality are still predominant.

2021 ◽  
Author(s):  
◽  
Ailish Wallace-Buckland

<p>In January 1932, the Sydney-based lifestyle magazine Health and Physical Culture published an article titled ‘The Menace of Effeminacy’. This article, written by Carl Hertzig, and read by magazine-subscribers across the Tasman, documented anxieties around the state of men and masculinity following the upheaval of the Great War. Touching on topics such as gender, psychology, eugenics, and sexuality this article and its concerns represent those that this thesis explores in order to understand what the ‘fear of effeminacy’ actually meant for New Zealanders during the interwar years (c.1918-1939). This thesis documents and analyses contemporary discussions of male sexuality and masculinity through a series of sources in order to establish the ways in which these concepts were understood in interwar New Zealand. Firstly, it examines some of the key pieces of legislation and reports that demonstrated official approaches, and ways of thinking, towards mental defectives, sexual offenders, and those with war neuroses. It then explores medical journals, and the dissertations of medical students; and finally, it analyses parts of popular print culture in Aotearoa/New Zealand, such as magazines and newspapers, in order to investigate and piece together the landscape in which said anxieties around effeminacy, masculinity, mental stability, and other deviations from the societally prescribed norm met. This thesis approaches these primary sources in such a way that acknowledges the evolutionary framework of understanding that was pervasive in medical circles during this era.  By thus examining the connections between constructions of the male body, homosexuality and effeminacy, late nineteenth to early twentieth century ideas around eugenics, and psychology and psychiatry, this work further uncovers the state of masculinity and male sexuality in New Zealand during the interwar period. This thesis argues that the ‘threat’ to masculinity perceived in a variety of venues was a mixture of anxieties around physical and mental wounds inflicted by the Great War; population concerns exacerbated by the exposure of the health-standards of troops, and worries of how to recover and reconstruct a virile society following four years of strife; concerns at the apparent loosening of sexual mores, and the changing manifestations of both masculinity and femininity; and ever increasing interest in the psychology of self, sexuality, and society. It adds to existing work on post-World War One masculinity by centring New Zealand discussions and understandings in a way that contributes to the broader literature on New Zealand twentieth-century masculinity, psychology and psychiatry, eugenics, and male sexuality.</p>


Author(s):  
David J. Bettez

This chapter covers the Spanish flu epidemic’s effects on the state; the Kentucky Council of Defense’s conference on state problems in March 1919; efforts to commemorate war participants in various ways (such as the University of Kentucky’s Memorial Hall and local memorials); and the experience of one Kentucky Gold Star Mother, Nola Miller Kinne Fogg, on her US government–sponsored pilgrimage to her son’s grave in France in the early 1930s. The chapter also draws some conclusions about Kentucky and the Great War, including how the state coalesced in support of the war despite political, economic, and social differences.


2019 ◽  
pp. 3-24
Author(s):  
Anne Dennett

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility and control the power of the state. Indeed, a state's constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK's national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.


1996 ◽  
Vol 20 (1) ◽  
pp. 133-167 ◽  
Author(s):  
Margaret Levi

Johnnie get your gun, get your gun, get your gun,Take it on the run, on the run, on the run,Hear them calling you and me,Ev'ry son of liberty.Hurry right away, no delay, go today,Make your daddy glad to have had such a lad,Tell your sweetheart not to pine,To be proud her boy's in line.George P. Cohan, “Over There” The chronicle of mass conscription in modern democracies is the story of the changing relationship between the state and its citizens, and the Great War is one of the major turning points, especially in the Anglo-Saxon democracies.The institution of conscription significantly extends the obligations of male citizens and the reach of the state.


2021 ◽  
pp. 3-23
Author(s):  
Anne Dennett

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility; and control the power of the state. Indeed, a state’s constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK’s national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.


1922 ◽  
Vol 16 (3) ◽  
pp. 400-419
Author(s):  
Gordon E Sherman

In a maritime war the formal announcements of national executives concerning principles of intended action possess an interest frequently transcending the occasion calling them into being since they may originate important modifications in the imprescriptible system of the law of nations and thus become touched with that universality of which the sea itself offers so constant and striking a suggestion. In the conflicts of the French revolution and the First Empire, as well as in the great war of our own day, we find produced on the part of the opposing governments a series of declarations (orders in council, arrêts) which have a permanent interest for the student of international law since they practically extend over the whole field of naval warfare and reach every aspect of belligerent action upon the high seas, while they may also become a cause oftentimes of strained relations between belligerent and neutral Powers arising through widely varying views touching the application of prize law to marine captures.


Author(s):  
Peter M. Sibenik

Abstract The Law Society of Alberta was given an almost exclusive jurisdiction to discipline Alberta lawyers in the 1920s. “The Black Sheep” uses the records of governments, courts and law societies in the old North-West Territories and Alberta to trace the emergence of this aspect of professional self-governance from 1885 to 1928. For most of this period, governments and then courts had disciplined lawyers. However, there was an increasing number of public complaints and criticisms directed against lawyers in the mid-1910s and especially after the Great War. By the 1920s the Alberta Government, the senior judiciary and the Law Society of Alberta decided, each for different reasons, that the best way to handle the complaints was to let the profession discipline itself. Ironically, the number of complaints increased even as the Society exacted greater discipline on lawyers.


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