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IMPERIAL HISTORY, CRIMINAL HISTORIES-MEMOIRS

Posts tagged morality
A Footnote to History: Eight Years of Trouble in Samoa: The Works of R. L. Stevenson. Vol. XVII

By R. L. Stevenson. Edited by Colin Heston

“A Footnote to History” is a powerful and politically charged historical narrative by Robert Louis Stevenson, first published in 1892 and included in the Swanston Edition, Volume XVII. This work stands apart from Stevenson’s more widely known fiction by offering a firsthand account of the complex and often tragic political turmoil in Samoa during the late 19th century—a conflict in which Stevenson himself became deeply involved.

Written during Stevenson’s residence in the South Pacific, the book chronicles the events between 1882 and 1890, a period marked by intense rivalry among Germany, Britain, and the United States for control over the Samoan Islands. These imperial powers, each supporting different local factions, contributed to a prolonged and destabilizing civil conflict. Stevenson, living in Vailima on the island of Upolu, witnessed the unfolding crisis and used his literary voice to document and critique the actions of foreign governments and their representatives.

The narrative is both historical and personal. Stevenson combines detailed political analysis with vivid descriptions of the people, landscapes, and cultural dynamics of Samoa. He portrays the Samoan chiefs and communities with empathy and respect, while sharply criticizing the incompetence, arrogance, and moral failures of the colonial powers. His tone is often impassioned, reflecting his frustration with the injustices he observed and his desire to influence public opinion in Europe and America.

“A Footnote to History” is notable for its journalistic clarity, moral urgency, and literary elegance. It is not merely a chronicle of events but a reflection on the broader consequences of imperialism and the human cost of political ambition. Stevenson’s involvement in Samoan affairs—both as an observer and as an advocate—gives the work a rare authenticity and immediacy.

The Swanston Edition presents this important text with scholarly annotations and historical context, situating it within Stevenson’s broader body of work and the geopolitical realities of the time. As both a historical document and a literary achievement, A Footnote to History remains a compelling and insightful exploration of colonial entanglements and the responsibilities of witness.

INDECENT EXPOSURE and the Court as Custodian of Morals

By Bruce Davis

This is the first comprehensive study of the history and evolution of American indecent exposure laws. The study informs a critical analysis of the role of courts as custos morum, or custodian of the morals. It contains a detailed constitutional analysis of legal management of morality.

The laws are a cornerstone of government regulation of morals, with roots tracing back to seventeenth century English and American cases, laws, and regulations. The state interests protected by indecent exposure laws focus on deterring public behaviors contrary to prevailing moral order and protecting the public from offense or alarm. As moral authority has shifted away from Christianity, the moral authority supporting maintenance of moral order have diminished and fragmented, leaving nuisance as the main justification. Most state statutes now define indecent exposure in terms of audience reaction, reflecting this dependence on nuisance theory. Supreme Court trends have weakened even this justification, raising questions about the viability of current indecent exposure laws.

Despite their fundamental role in moral regulation, indecent exposure laws have received little academic, political, or legal scrutiny. This analysis elucidates their origins, history, and effects, informing development of more effective policies on managing sexuality and nudity. The history of indecent exposure laws also provides insights into managing morals and church-state relations in secular societies. Legal, social, and political trends have created multiple complex jurisprudential dilemmas, exposing the laws to potential constitutional challenges based on the Establishment Clause, free exercise of religion, free speech, privacy, autonomy, overbreadth and vagueness, viewpoint restrictions, content-based restrictions, prior restraints, and equal protection precedent and doctrines. Changes in indecent exposure laws are likely but their costs and benefits remain unclear.

The book chronicles the origins and evolution of courts as custodian of morals. Aspects of Dobbs v. Jackson Women's Health abortion case decided in 2023 suggest that this regime may be nearing an end. Competing moral authorities are contributing to a worsening crisis in moral jurisprudence. The book proposes a public policy framework more aligned with our maturing Constitution that may be better suited to current conditions, based on an empirical approach to legal management of morals in a pluralistic liberal democracy.

New York. Read-Me.Org Inc. 2024. 313p.