DOCSLIB.ORG

The Moral Economy of Debt: Race

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Moral Economy of Debt: Race THE MORAL ECONOMY OF DEBT: RACE, ETHNICITY AND PERCEPTIONS OF FAIRNESS IN CREDIT MARKETS FOR THE POOR A DISSERTATION SUBMITTED TO THE DEPARTMENT OF SOCIOLOGY AND THE COMMITTEE ON GRADUATE STUDIES OF STANFORD UNIVERSITY IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY Stephen Charles Nuñez May 2011 © 2011 by Stephen Charles Nunez. All Rights Reserved. Re-distributed by Stanford University under license with the author. This work is licensed under a Creative Commons Attribution- Noncommercial 3.0 United States License. http://creativecommons.org/licenses/by-nc/3.0/us/ This dissertation is online at: http://purl.stanford.edu/ry146nb6241 Includes supplemental files: 1. The 12 dissertation tables in excel format. (organized dissertation tables.xls) ii I certify that I have read this dissertation and that, in my opinion, it is fully adequate in scope and quality as a dissertation for the degree of Doctor of Philosophy. Mark Granovetter, Primary Adviser I certify that I have read this dissertation and that, in my opinion, it is fully adequate in scope and quality as a dissertation for the degree of Doctor of Philosophy. David Grusky I certify that I have read this dissertation and that, in my opinion, it is fully adequate in scope and quality as a dissertation for the degree of Doctor of Philosophy. Douglas McAdam Approved for the Stanford University Committee on Graduate Studies. Patricia J. Gumport, Vice Provost Graduate Education This signature page was generated electronically upon submission of this dissertation in electronic format. An original signed hard copy of the signature page is on file in University Archives. iii Abstract: In this dissertation, I explore the role of values and moral judgments in credit markets. I focus on the frequenting of “fringe banks,” controversial institutions that serve those who have limited access to mainstream credit markets as a result of poverty and/or poor/no credit history. Among other intriguing results, I find compelling evidence that there are persistent statistical differences in payday and pawn loan usage across racial and ethnic groups that cannot be explained by disparities in wealth and credit access. Instead, I argue that they are the result of variations in the perception of the propriety of such loans, variations that have their root in the legacy of racial discrimination in mainstream credit markets in the United States. To make this case, I utilize both quantitative and qualitative data as well as a variety of novel statistical techniques. I analyze cross-site multi-wave survey data collected by The Center for Community Capital, The National Opinion Research Center and The Annie E. Casey Foundation. I strengthen my argument by drawing on excellent focus group data supplied by The Center for Community Capital and The Center for Responsible Lending. This study represents a unique contribution to the sociology of credit and finance and demonstrates the importance of synthesizing structural and cultural approaches to the study of economic activity. iv Acknowledgements: This dissertation was written during a year in which I received support from the Woodrow Wilson National Fellowship Foundation’s, Charlotte W. Newcombe Fellowship. This generous funding allowed me to devote all my attention to writing, no doubt significantly improving the contents herein. My adviser, Mark Granovetter, revealed that is was necessary to seriously consider culture, structure, and human relationships if one hoped to understand the economy. This insight brought about my transformation from economist to economic sociologist. Without his guidance, this project would not have been possible. I’d like to thank my dissertation committee members, Doug McAdam and David Grusky for their excellent feedback and the time they invested in reading this work. I’d also like to thank Dan McFarland and Xueguang Zhou for acting as “outside” faculty during my dissertation proposal defense. Their insights helped focus this project and ensured a smooth start to the entire endeavor. I owe a debt to the participants of the Stanford Department of Sociology workshops on economic sociology and inequality. The intense, incisive questions and comments I received at these meetings helped to develop and refine the theoretical framework of the project. My conversations with Warner Henson and Lindsay Owens were especially crucial to the maturation of my thoughts on the workings of morality, culture and network structure in credit and financial markets. Support from family and friends was crucial during the ordeal that is graduate school. Sakiko Okumoto helped me through the early years as I struggled to identify my interests and define my eventual contribution to the field. My brother, Mark and sister, Lisa, were always there to offer encouragement when my morale was low. My mother, Linda, believed in me and continued to offer her love and guidance, even though she never quite understood why her son was so insistent on a PhD in sociology. Finally, I owe an intellectual debt to E.P. Thompson who coined the term, “moral economy,” and whose seminal work, “The Moral Economy of the English Crowd in the Eighteenth Century,” served as the original inspiration for this dissertation. v Table of Contents: 1. Introduction ……………………………………………………………………....1 2. Chapter 1: Fringe Banking………………………………………………………...6 3. Chapter 2: Moral Economy………………………………………………………15 4. Chapter 3: Data and Methods……………………………………………………35 5. Chapter 4: Models of Pawnshop Usage………………………………………….54 6. Chapter 5: Models of Payday Loan Usage………………………………………72 7. Chapter 6: Latent Class and Cluster Analysis of Emergency Strategies……….109 8. Conclusion……………………………………………………………………...122 9. References………………………………………………………………………125 vi List of Tables: 1. Pawnshop Usage in Previous 24 Month Period (NCFSS, dichotomous, county)……………………………………………………...54 2. Pawnshop Usage in Previous 24 Month Period (NCFSS, dichotomous, zip code)…………………………………………………….54 3. Pawnshop Usage in Previous 24 Month Period (NCFSS discrete, continuous)………………………………………………………..58 4. Pawnshop Usage in Previous 12 Month Period (AECF, dichotomous, wave 1)……………………………………………………….60 5. Pawnshop Usage in Previous 12 Month Period (AECF, dichotomous, wave 2)……………………………………………………….60 6. Payday Loan Usage in Previous 24 Month Period (NCFSS, dichotomous, county)……………………………………………………...72 7. Payday Loan Usage in Previous 24 Month Period (NCFSS, dichotomous, zip code)…………………………………………………….72 8. Payday Loan Usage in Previous 24 Month Period (NCFSS categorical)…………………………………………………………………74 9. Payday Loans as Primary Emergency Support Source (AECF)……………………………………………………………………………….75 10. Payday Loans as Part of Emergency Strategy (AECF wave 1)………………………………………………………………………75 11. Payday Loans as Part of Emergency Strategy (AECF wave 2)………………………………………………………………………75 12. Multinomial Logistic Analysis of Emergency Strategies (AECF, wave 2)…………………………………………………………………….115 vii Introduction: Even before the credit crisis of 2008 had run its course, members of the media and government had begun to assign blame. Not surprisingly, the identified culprits varied according to the political ideology of the accuser. Thus, free market advocates placed the blame squarely on the shoulders of government for maintaining regulations and subsidized lending programs (e.g. Fannie Mae and Freddy Mac) that distorted incentives and burdened businesses. Some pinned additional responsibility on profligate consumers who knowingly borrowed above and beyond their means. Conversely, liberals focused their ire on greedy, predatory lenders who charged exorbitant interest rates and took advantage of the financial ignorance of the poor, minorities, and immigrants. Liberals further argued that government failed to enact and enforce necessary regulations, pointing to the S.E.C. as a classic, “captured regulator.” The true causes of the recent financial meltdown are extremely complex. The simplistic villains of the current morality play, with their inflated agency, merely serve as comprehensible stand-ins for what was a systemic structural collapse. Nevertheless, social scientists should take interest in the public discourse on culpability and in the attempts to place and deflect blame. Most obviously, the consensus that emerges, if any, can sway the outcome of elections and dictate the course of public policy for years to come. More subtly, the varying heroes and villains of these crisis stories indicate deep- seated underlying beliefs about both the proper scope of market transactions and the rights and responsibilities of actors within the market, merchants and consumers, creditors and debtors alike. In other words, participants in the world’s most advanced industrial economy are 1 continuing to debate the morality of economic action, a subject that is studied primarily by scholars of, “primitive,” and developing societies. This may be surprising to neoclassical economists who see self-evident virtue in market exchange and the free movement of supply and demand curves. It may be equally surprising to Marxists, substantivists, communitarians and anyone who fears that moral concerns are swept away by the cash nexus of a fully developed market economy. It should not be surprising to sociologists; economic action is a particular form of social action and thus subject to normative constraints as usual. Sociologists have, historically, had little to say about the functioning of morality in the economy in general. This may be because ideas about proper behavior
Load more

Recommended publications
  • On Money Rovaniemi: University of Lapland 2010, 324 Pp., Acta Universitatis Lapponiensis 175 Dissertation: University of Lapland ISSN 0788-7604 ISBN 978-952-484-351-5
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Lauda 8IVS%YZMRIR 3R1SRI] %OEXIIQMRIRZÈMXÚWOMVNENSOE0ETMR]PMSTMWXSR ]LXIMWOYRXEXMIXIMHIRXMIHIOYRRERWYSWXYQYOWIPPE IWMXIXÈÈRNYPOMWIWXMXEVOEWXIXXEZEOWM 0ETMR]PMSTMWXSR)WOSNE%WOSWEPMWWE OIWOMZMMOOSREOIPPS %GXE)PIGXVSRMGE9RMZIVWMXEXMW0ETTSRMIRWMW 9RMZIVWMX]SJ0ETPERH *EGYPX]SJ7SGMEP7GMIRGIW 'ST]VMKLX8IVS%YZMRIR (MWXVMFYXSV0ETPERH9RMZIVWMX]4VIWW 43&S\ *-6SZERMIQM XIP JE\ TYFPMGEXMSR$YPETPERH [[[YPETPERH PYT 4ETIVFEGO -7&2 -772 THJ -7&2 -772 [[[YPETPERH YRMTYFEGXERIX 3 Abstract Auvinen Tero On Money Rovaniemi: University of Lapland 2010, 324 pp., Acta Universitatis Lapponiensis 175 Dissertation: University of Lapland ISSN 0788-7604 ISBN 978-952-484-351-5 The study explores the political choices and confl icts inherent in the “technical” specifi cations of any monetary system and some of the social scientifi c implications of the prevailing forms of money in the widest possible sense of the terms. As a constantly evolving social relation, no single theory of money is likely to capture its tremendous capacity for self-transformation. It is argued that the precise manner in which the prevailing forms of fi nancial capital in general and money in particular are socially constructed creates a privileged reality for fi nancial capital which distorts competition among the diff erent factors of production and eliminates money’s capacity to accurately capture and reproduce real world economic phenomena – if possible even in theory. Contrary to some of the traditional economistic legitimating narratives for money, it is suggested that control over the issuance and circulation of money may render various aspects of the human governable with a fraction of the resources that might be required to implement comparable combinations of coercion and rewards through alternative institutional mechanisms.
    [Show full text]
  • Islamic Currency & Finance
    With The Name of ALLAH, The Infinitely Merciful, The Ever Merciful Islamic Currency - Islamic Finance - Islamic Stocks One currency and One stock exchange and one main financial institution with branches worldwide for the entire Muslim world. 1. Return of the Islamic Dinar and Dirham: The Islamic currency is no paper currency, the Islamic currency has an intrinsic value of its own. 1. Visit and spread the following website. www.islamicmint.com.my 2. Right Click mouse and choose "save target as" to download the following file: Islamic Dinar and Dirham : http://asimiqbal2nd.files.wordpress.com/2009/06/dinardirham.pdf Or copy paste the above link in browser and choose file , “save as” to download it 2. Islamic Banking? Islam, which is the just and balanced way of life and banking, which is the exploitative tool of the capitalists , can't go together. The so called Islamic Banks are un-Islamic. There is no such thing as an Islamic Bank. Find out and play a part in spreading this awareness before banking system further weakens Muslims via this new stealth name of Islamic Bank. 1. Right Click mouse and choose "save target as" to download the following file: Fatwa on Banking http://asimiqbal2nd.files.wordpress.com/2009/06/fatwaonbanking.pdf Or copy paste the above link in browser and choose file , “save as” to download it I don't agree with everything in the above document but I agree with the attacks on banking system that exsists today. 2. Islamic Banking isn't Islamic Find out now before its too late...Visit: Islamic Banking isn't Islamic http://www.islamic-finance.com/item100_f.htm ...The contractum trinius was a legal trick used by European merchants in the Middle Ages to allow borrowing at usury, something that the Church fiercely opposed.
    [Show full text]
  • The Moral Economy of Debt: Race
    THE MORAL ECONOMY OF DEBT: RACE, ETHNICITY AND PERCEPTIONS OF FAIRNESS IN CREDIT MARKETS FOR THE POOR A DISSERTATION SUBMITTED TO THE DEPARTMENT OF SOCIOLOGY AND THE COMMITTEE ON GRADUATE STUDIES OF STANFORD UNIVERSITY IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY Stephen Charles Nuñez May 2011 Abstract: In this dissertation, I explore the role of values and moral judgments in credit markets. I focus on the frequenting of “fringe banks,” controversial institutions that serve those who have limited access to mainstream credit markets as a result of poverty and/or poor/no credit history. Among other intriguing results, I find compelling evidence that there are persistent statistical differences in payday and pawn loan usage across racial and ethnic groups that cannot be explained by disparities in wealth and credit access. Instead, I argue that they are the result of variations in the perception of the propriety of such loans, variations that have their root in the legacy of racial discrimination in mainstream credit markets in the United States. To make this case, I utilize both quantitative and qualitative data as well as a variety of novel statistical techniques. I analyze cross-site multi-wave survey data collected by The Center for Community Capital, The National Opinion Research Center and The Annie E. Casey Foundation. I strengthen my argument by drawing on excellent focus group data supplied by The Center for Community Capital and The Center for Responsible Lending. This study represents a unique contribution to the sociology of credit and finance and demonstrates the importance of synthesizing structural and cultural approaches to the study of economic activity.
    [Show full text]
  • Islamic Finance: Ethics, Concepts, Practice
    Literature Review ISLAMIC FINANCE: ETHICS, CONCEPTS, PRACTICE Usman Hayat, CFA Adeel Malik, PhD Literature Review ISLAMIC FINANCE: ETHICS, CONCEPTS, PRACTICE Usman Hayat, CFA Adeel Malik, PhD Statement of Purpose The CFA Institute Research Foundation is a not-for-profit organization established to promote the development and dissemination of relevant research for investment practitioners worldwide. Neither the Research Foundation, CFA Institute, nor the publication’s editorial staff is responsible for facts and opinions presented in this pub- lication. This publication reflects the views of the author(s) and does not represent the official views of the CFA Institute Research Foundation. The CFA Institute Research Foundation and the Research Foundation logo are trademarks owned by The CFA Institute Research Foundation. CFA®, Chartered Financial Analyst®, AIMR-PPS®, and GIPS® are just a few of the trademarks owned by CFA Institute. To view a list of CFA Institute trademarks and the Guide for the Use of CFA Institute Marks, please visit our website at www.cfainstitute.org. © 2014 The CFA Institute Research Foundation All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the copyright holder. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
    [Show full text]
  • Good and Bad Sharia: Australia's Mixed Response
    2011 Forum: Good and Bad Sharia: Australia’s Mixed Response to Islamic Law 383 GOOD AND BAD SHARIA: AUSTRALIA’S MIXED RESPONSE TO ISLAMIC LAW ANN BLACK∗ AND KERRIE SADIQ∗∗ I INTRODUCTION Reflecting on the legal consequences of globalisation in the 21st century, Twining predicted that societies in the West would have to ‘wrestle with the extent to which the state should recognise, make concessions to, or even enforce norms and values embedded in different religions, cultures or traditions’.1 This is borne out as the direction across the common law world moves towards entrenching legal pluralism. The concessions each nation has made to minorities with different religions, cultures and traditions have varied. The special character of Islam, as a comprehensive blueprint for life in which law and religion unite, has meant that the negotiations for a special place for Muslims within each common law jurisdiction has been at the forefront of new legal ordering possibilities. This is the crux of the pluralism debate. Cautiously, Australians have watched the, at times histrionic, discourse in Canada and Great Britain on official recognition for Islamic law. The strident ‘NO SHARIA’ campaign in Ontario was instigated by Canadian Muslim women2 whereas the rhetoric and dialogue following the Archbishop of Canterbury’s speech to the Courts of Justice3 was amongst Britain’s non-Muslim sector. The outcomes have been quite different in each. Canada ultimately denied formal recognition but sanctioned informal processes. Great Britain took the formal route giving a ∗ Senior Lecturer, Deputy Director, Centre for Public, International and Comparative Law, TC Beirne School of Law, The University of Queensland.
    [Show full text]
  • Historical, Religious and Scholastic Prohibition of Usury: the Ommonc Origins of Western and Islamic Financial Practices Joshua Vincent
    Seton Hall University eRepository @ Seton Hall Law School Student Scholarship Seton Hall Law 5-1-2014 Historical, Religious and Scholastic Prohibition of Usury: The ommonC Origins of Western and Islamic Financial Practices Joshua Vincent Follow this and additional works at: https://scholarship.shu.edu/student_scholarship Recommended Citation Vincent, Joshua, "Historical, Religious and Scholastic Prohibition of Usury: The ommonC Origins of Western and Islamic Financial Practices" (2014). Law School Student Scholarship. 600. https://scholarship.shu.edu/student_scholarship/600 JOSHUA VINCENT CaMPARA TIVE LAW AND RELIGION A WR PROFESSOR CATHERINE Me CAULIFF HISTORICAL, RELIGIOUS AND SCHOLASTIC PROHIBITION OF USURY: THE COMMON ORIGINS OF WESTERN AND ISLAMIC FINANCIAL PRACTICES Few practices have been so universally abhorred as usury. Through the ages, usury has been condemned by prophets, priests, philosophers, and poets of all nations.1 It has often been regarded as one of the vilest of crimes. The Hebrew prophet Ezekiel included usury with rape, murder, robbery, and idolatry in a list of "abominable things" that would receive the punishment of God? In the Middle Ages, Christian scholars debated whether usury should be considered extortion, a form of robbery, or a sin against charity and the Holy Spirit.3 The origins and evolution of usury are extremely interesting from the perspective of many disciplines--economics, religion, law, etc. Usury is derived from the Medieval Latin term "usuria," which means "interest" or "excessive interest," and originally meant charging a fee for the use ofmoney.4 It was actively banned and shunned well before the emergence ofthe Abraharnic religions of Judaism,5 Christianity, and Islam, all of which 1 JAMES M.
    [Show full text]
  • The Wages of Extremism: Radical Islam’S Threat to the West and the Muslim World
    SECURITY & FOREIGN AFFAIRS The Wages of Extremism: Radical Islam’s Threat to the West and the Muslim World By Alexander R. Alexiev March 2011 The Wages of Extremism: Radical Islam's Threat to the West and the Muslim World Alexander R. Alexiev Visiting Fellow, Hudson Institute March 2011 © 2011 Hudson Institute Hudson Institute is a nonpartisan, independent policy research organization. Founded in 1961, Hudson is celebrating a half century of forging ideas that promote security, prosperity, and freedom. www.hudson.org Table of Contents Chapter I: Introduction................................................................................................................ 3 Chapter II: The Nature of the Threat......................................................................................... 8 Chapter III: The Ideology of Radical Islam............................................................................. 12 Sharia Law and Radical Islam............................................................................................... 12 Sharia Law – Profile of a Radical Doctrine........................................................................... 13 Key Doctrinal Concepts: External and Internal Enemy, Islamic Vanguard.......................... 20 Chapter IV: The Limited Scope of Sharia in Past Muslim Empires ..................................... 27 Sharia in Muslim History ...................................................................................................... 27 The Umayyad Empire...........................................................................................................
    [Show full text]
  • Moving Beyond Islamic Banking by Reframing Discourses
    JUST MONEY AND INTEREST: MOVING BEYOND ISLAMIC BANKING BY REFRAMING DISCOURSES by JIBRIL LATIF A thesis submitted to the University of Birmingham for the degree of DOCTOR OF PHILOSOPHY (80,000 words) Theology and Religion: Islamic Studies College of Arts and Law University of Birmingham May 2015 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. ABSTRACT Enlightenment discourse advanced an idiosyncratic cognitive framework and epistemology that rationalized the overturning of usury laws. Under capitalism, money innately changed as banks gained the institutional right to create credit and lend it into existence at interest. The implicit ideologies of this discourse instantiated a reframing of traditional conceptions about money and interest worldwide. In contradistinction, Islam prohibits riba, a term approximated as usury/interest, presenting ethical problems to banking practice. This conflict has yielded Islamic banking and finance (IBF), bolstered by a small cadre of Shariah scholars, even though it continues to fail in its stated social justice imperatives. IBF evidently charges what is commensurate to interest while declaring it does not, promoting its products as ‘Shariah compliant’ – a term producing different meanings to different interpreters.
    [Show full text]
  • Medieval Sourcebook: Franciscan Inquisitors in Tuscany, Early 14Th
    1 Medieval Sourcebook: Franciscan Inquisitors in Tuscany, early 14th Century: The Index of Codex Casanatensis, ms. 1730 © Introduction, translation and notes by Geoffrey W. Clement Introduction Codex Casanatensis 1730 was a compendious work written and compiled in the early fourteenth century for use by Franciscan inquisitors in Tuscany. The manuscript contains a wide typology of legal texts in its folios that all pertain to the medieval inquisition of heresy. In my dissertation completed in 2013 at Fordham University, I argued that Casanatensis 1730 is unique since three-quarters of the manuscript was penned by one hand and assembled in a particular order.1 Furthermore, the manuscript incorporated many novelties of the time including rubricated headlines, Arabic numerals, cross- references and an extensive alphabetically-arranged topical index. Some materials in other hands were later added to produce the codex in its present form, but the majority of the codex was conceived and produced in one place, at one time, by one person who was likely an inquisitor himself or a functionary in the service of the inquisition. Casanatensis 1730 has 297 folios in twenty-seven gatherings. All of the folios that were written by the original author have two columns with twenty-seven lines for text. There are two foliation systems in Casanatensis 1730—a medieval and a modern one. Both use Arabic numerals and are continuous from their respective points of origin. The modern system appears in the upper right corner of the recto side of each folio and was placed there by the Biblioteca Casanatense with a rubber stamp most likely in the 1 Geoffrey W.
    [Show full text]
  • Heaven's Bankers: Inside the Hidden World of Islamic
    AJECO Volume 1 Issue 2 2016 Amity Journal of Economics 1(2), (110–114) ©2016 ADMAA Heaven’s Bankers: Inside the Hidden World of Islamic Finance Author: Harris Irfan The Overlook Press, Peter Mayer Publishers, Inc., New York ISBN: 9781472105103,1472105109 Muhammad Irwan Ariffin International Islamic University Malasiya (Received : 02/12/2016; Accepted : 27/02/2017) Islamic finance started to get the world’s attention as it collides with capitalist interest of profit maximization at the global level. During this time, Harris Irfan was among the early generation of ‘structurers’ who were responsible in designing financial contracts that are appealing to the conventional investors and observe Shariah requirements. Despite having an illustrious beginning, Irfan’s journey into the world of Islamic finance has eventually sparked a puzzle within himself: Is Islamic finance heading towards the right direction? He started to critically evaluate Islamic financial industry by focusing on the legal and moral aspects of Islamic finance based on both the letter and spirit of Islamic law. Irfan managed to share his rich professional experience and personal acquaintance with scholars to expose the false flag of Islamic finance and how it is lurking the harms which it seeks to avoid in the first place. The prologue section narrates how Irfan’s journey into the world of Islamic finance began in early 2001. The terrorist attacks on 11 September 2001 is described as a blessing in disguise that lead to exponential growth of interest in Islamic finance as huge amount of investment that originated from the Middle East was diverted back to the region.
    [Show full text]
  • The University of Chicago Admissibility in Roman-Canon Procedure: the Emergence of the Law of Positions a Dissertation Submitted
    THE UNIVERSITY OF CHICAGO ADMISSIBILITY IN ROMAN-CANON PROCEDURE: THE EMERGENCE OF THE LAW OF POSITIONS A DISSERTATION SUBMITTED TO THE FACULTY OF THE DIVISION OF THE HUMANITIES DEPARTMENT OF CLASSICS AND THE FACULTY OF THE DIVISION OF THE SOCIAL SCIENCES DEPARTMENT OF HISTORY IN CANDIDACY FOR THE DEGREE OF DOCTOR OF PHILOSOPHY BY WILLIAM PEYTON SULLIVAN CHICAGO, ILLINOIS JUNE 2020 Copyright 2019 William P. Sullivan TABLE OF CONTENTS ACKNOWLEDGMENTS v INTRODUCTION 1 1. The Purpose of This Dissertation 1 2. Sources 13 3. Map of the Dissertation 20 CHAPTER 1. INSUFFICIENCY OF PROOF: THE MEANS OF PROOF IN TWELFTH-CENTURY PROCEDURAL THEORY 23 1. Introduction 23 2. Procedure in the Mid-Twelfth Century: The Letter of Bulgarus 24 3. The Problem of Proof Insufficiency 33 4. Other Means of Proof 41 5. Confessions 47 6. Conclusion 64 CHAPTER 2. THE PARTY AS A SOURCE OF PROOF IN TWELFTH-CENTURY PRACTICE 65 1. Introduction 65 2. The Party as a Source of Proof: The Adjudicator-Controlled Approach 66 3. The Party as a Source of Proof: The Opponent-Controlled Approach 83 4. Initial Dissemination of the Opponent-Controlled Approach 107 5. Conclusion 134 CHAPTER 3. THE EMERGENCE OF THE LAW OF POSITIONS 136 1. Introduction 136 iii 2. The New Doctrine of Positions 137 3. The Rise of Norms of Admissibility 148 4. Explaining the Doctrine 171 5. Conclusion 202 CHAPTER 4. ADMISSIBILITY IN THE LAW OF WITNESSES 203 1. Introduction 203 2. The Law of Witnesses in the Twelfth-Century ordines: Qualification and Sufficiency 204 3. Explanations for the Doctrine: Text, Culture, and Function 221 4.
    [Show full text]
  • Academia E Velehradensis
    ACTA ACADEMIA E VELEHRADENSIS ANNUS XIII FASC. 1. OLOMUCII 1937 SUMPTIBUS ACADEMIAE VELEHRADENSIS ACTA ACGADEMIAEVELEHRADENSIS Eduntur annuatim in guatuor fasciculis.Subnotatio pro anno 30 Kč,pro externis 40 Kč. Redactores: Prof. dr. Jos. Vašica, msgre Frant. Jemelka, prof. dr. Josef Matocha, dr. VincencPořízka, collaborantibus professoribus Collegu theo­ Jogicae facultatis a ss. Cyrillo et Methodi0, Olomucensis. Redactio: Olomouc, Úřednická 7. —Administratio: Olomouc, Salesitanum. Auxilrum in edendis Actis promiserunt: Prof. dr. Franc. Grivec,Ljubljana; dr. Jos. Slipyj, rector Academiae Leopoliensis; prof. P. Sev. Salaville; prof. dr. M.Jugie; dr. Georgius Hofmann, S. J., prof. Pont. Inst. Orientalis Romae; prof. Aman, S. J., professor Pont. Inst. Orientalis; dr. Theophilus Spáčil, prof. Pont. Inst. Orient. Romae; dr. Thomas Kurent, S. O. Cist., Stična, Ju­ goslavia ; dr. Andreas Živkovič,prof. univ. Zagreb; dr. Rochus Rogošič, prof. theol. Makarska; dr. Ignatius Swirski, prof. univ. Wilno; dr. Špůrek, prof. theol. Obořiště; dr. Ant. Salajka,—DO Praga. Contenta in fasc. 1: Pag. Dr. Fr. Grivec,Deverstonibus palaeoslavicisVitarum Cyrilllet Methodu P. G. Hofmann, S.J.,Testimonium ineditum Andreae archieppi Rhodi de Marco Eugenio 13 Dr. Th. Kurent. Exegesis Mt. 16, 18 segu. apud Studitas, praesertim s. Theodorum 20 Dr. V. Pořízka, Bhagavadgitá e1usgue doctrina de bhakti 27 Princ. Petrus Wolkonsky, Exarch Leonid Fedorov (russice) 34 Dr. Andreas Isčak, Congressus unionisticus Leopoli 44 Recensiones: Hěiler, Urkirche und Ostkirche (Grivec),MerschEmil, S.J.„Le Corps mystigue du Christ (Grivec), Salajka, Nauka východ­ ních bohoslovců o vykoupení (Pořízka),Dgdrowski, Królestvo Bóže a Koscióř (Pořízka),Kwiatkowski, Zjawiska naukowego okultyzmua mesmiertelnósé duszy (Pořízka), Starodworski, Tragedja cerkwi prawostawnej w ZSRR (Porízka), Dr. W. Kwiatkowski, U kolebki chrystjanismu (Hudec), Dr.
    [Show full text]