Law,Courts, and the Judicial Process

Abstract

In I Am Charlotte Simmons, Tom Wolfe explores how precarious the pursuit of happiness is in our liberal society, which provides insufficient moral support for individuals to resist following popular opinion in their pursuit of happiness. For Wolfe, the first step of the pursuit of happiness requires the courage to resist popular opinion and to seek an answer to what happiness is for oneself. As Wolfe shows, our universities are neglecting their task to prepare individuals with a liberal education to guide them on how to live as politically and morally free beings who are responsible for pursuing happiness. Despite appearing to be proud and independent, Charlotte Simmons's education fails to provide her with the moral courage to resist peer pressure. At her university, she adopts scientific viewpoints that undermine political and moral liberty and teach her that her superior intelligence and education are tools of domination. Charlotte puts them in service of gaining popularity. Instead of bringing her happiness, her pursuit of popularity leads to discontentment. Since liberalism provides incomplete moral guidance, Wolfe turns to ancient thinkers to find support for the courage to use political liberty to think about what happiness is and how it is to be pursued. In contrast to Charlotte, Jojo, a star basketball player, turns toward the pursuit of a liberal education to live as a free being and to seek happiness.     

Cultural policy archetypes: the bathwater and the baby

ABSTRACT

Cultural policy archetypes have been fundamental to comparative cultural policy study and continue to be influential in both everyday and scholarly characterizations of national cultural policy systems. This paper explores the proposition that cultural policy archetypes reflect what people believe to be true about culture – their cultural ideologies. Cultural ideologies are integral to the formation of cultural policy and, thus, must be considered in any theory that hopes to measure the extent to which and explain why cultural policies differ. Cultural ideologies embody ideas about why culture is important and how it should be governed. Those ideologies spotlight certain administrative mechanisms, overemphasizing their role in systems that actually are deeply administratively hybrid. This makes archetypes poor tools for analyzing the mechanisms of cultural policy; however, because archetypes tell us about cultural ideologies in straightforward and powerful ways, it is essential that they continue to be a part of comparative cultural policy study.     

A Popular Public Theology

Abstract

The article begins by exploring what is meant by a popular public theology drawing on the work of the missiologist Werner Ustorf. A popular public theology refers to the informal and unofficial theological speech of society, distinct from the more formal theology of the Church and academy. Such popular public theology is found in contemporary culture, albeit often in diffuse and incoherent form. It is then argued that a popular public theology has an inbuilt relevance to the concerns of society, avoids problems associated with public theologians needing to be fluent in more than one academic discourse, and is not in danger of being reliant on the social sciences. Finally, it is suggested that by discussing the implications of cultural theological statements, public theologians are able to contribute critically to social and political debates.     

The future could be too much fun

Abstract

More than ever before, the twenty-first century is likely to throw into focus the age old question: ‘what am I doing with my life?’ Recent developments in neuroscience mean that a scientific understanding of consciousness is no longer out of the question. The rapidly expanding field of genetic medicine will soon allow single gene disorders such as cystic fibrosis to be treated routinely by gene ‘therapy’ and has already thrown up complex ethical questions surrounding the idea of genetic screening for insurance purposes. And the latest directions in computer science have the potential to challenge our ideas of reality, as well as confusing our understanding of the distinction between information and knowledge. In this paper I revisit the notions of human nature and personal identity in the light of these advances.     

Experimental Consensus: Negotiating with the Irrigating State in the South of Laos

Abstract

It is common to view Laos as a political culture prone to “consensus”, yet it is also true that policy is constantly changing there, often radically. If everyone is always “in consensus”, what can explain this change? I suggest that the answer is found in the particular kind of consensus at play: it is informed by a wider “experimentarian” ethic evident in rural Laos, where ideas (including the latest policies) are put to the test through practical implementation. The results of these experiments are used to validate policy change and reversal. This allows rural residents a degree of manoeuvrability in their engagements with the state that is striking given the “authoritarian” status of the current regime. It can explain and is used to justify, for instance, the oft-observed gap between policy and actual practice. This room for manoeuvre comes at the price of “playing the game”, at least for a while, of the latest policy fad, sometimes with disastrous consequences for rural livelihoods. I use the example of an irrigation project that was implemented in the south of Laos from 1999–2002 to examine “experimental consensus” at work as policy was received, engaged and eventually relinquished.     

A Religious Response Veiled in a Presidential Address: A Theological Study of Bush's Speech on 20 september 2001

Abstract

The speech met the moment. The moment was like none experienced before. The speech transformed a presidency and rallied a nation. But what was this pivotal response to a critical moment in American history? Was it a call to a just and holy war? Is God really on the president's ‘side’? This article analyzes the speech delivered by President George W. Bush on 20 September 2001, to a joint session of Congress and to a troubled nation. It was a speech that depended on intimations of righteous indignation, a clear demarcation of good and evil, and a God who is not neutral. The article looks at the religious themes overtly and subtly stated in this speech, to discern what was actually a religious response to a global crisis that took the form of a presidential address.     

A Declaration of the Responsibilities of Present Generations Toward Past Generations

Historians study the living and the dead. If we can identify the rights of the living and their responsibilities to the dead, we may be able to formulate a solid ethical infrastructure for historians. A short and generally accepted answer to the question of what the rights of the living are can be found in the Universal Declaration of Human Rights. The central idea of human rights is that the living possess dignity and therefore deserve respect. In addition, the living believe that the dead also have dignity and thus deserve respect too. When human beings die, I argue, some human traces survive and mark the dead with symbolic value. The dead are less than human beings, but still reminiscent of them, and they are more than bodies or objects. This invites us to speak about the dead in a language of posthumous dignity and respect, and about the living, therefore, as having some definable core responsibilities to the dead. I argue further that these responsibilities are universal. In a Declaration of the Responsibilities of Present Generations toward Past Generations, then, I attempt to cover the whole area. I identify and comment on four body‐ and property‐related responsibilities (body, funeral, burial, and will), three personality‐related responsibilities (identity, image, and speech), one general responsibility (heritage), and two consequential rights (memory and history). I then discuss modalities of non‐compliance, identifying more than forty types of failures to fulfill responsibilities toward past generations. I conclude that the cardinal principle of any code of ethics for historians should be to respect the dignity of the living and the dead whom they study.     

What can María Zambrano contribute to mediation and to the philosophy of mediation?

ABSTRACT

From a specific point of view, mediation is the process whereby a third party helps to change their attitude from an adversarial one to a collaborative one which allows them to work together in finding and creating solutions to their conflict. Mediation deals with conflict from its own perspective and it has its own status as a dispute resolution process in the systems of justice, where it is recognized. The Philosophy of Mediation has been developing as a discipline, which analyses the status of mediation as knowledge. It studies its nature, its constituent elements, its ontological foundations and its connection with other disciplines. This article argues that it is possible to include certain basic principles of the philosophy of María Zambrano in the Philosophy of Mediation framework. Those elements are essential for understanding the world of human conflict since they provide a new perspective from which to see dispute resolution methodologies. They can be summed up in the idea of including the hidden as the substrate of the visible, revealing the underlying forces of human existence. Within the context of the mediation, the understanding of these forces could help to resolve conflicts.     

A terrible beauty is bought: 1916, commemoration and commodification

Abstract

Mindful of Benedict Anderson’s emphasis on Imagined Communities on the power of print culture – and print-capitalism – to shape and share national ideas and identities, this article offers a comparative analysis of the commemorations of 1798 and 1916 by looking at commemorative ephemera: kitschy memorabilia, themed merchandise, newspaper cuttings and advertisements, handbills and inventively branded commodities, as important cultural texts which purveyed ideological values and meanings at the time of their production. It suggests that the consumer sphere allows us to shed light on the commemorative discourses these ephemeral objects produce, retelling and retailing the risings in question. Texts often regarded as throwaway or lowbrow vied for their share in the ideological marketplace to form part of the heritage of 1798 and 1916, the centenary of the one feeding into the ferment of the other. The reception and representation of the pivotal figures of Wolfe Tone and James Connolly is discussed through the prism of Thomas Richards’ conception of commodity culture, and attention is paid to counter-commemorative strands as well as positive rhetorics of remembrance.     

Religion and Politics in the Philippines: The Public Role of the Roman Catholic Church in the Democratization of the Filipino Polity

Abstract

From a social-ethical point of view, an appalling lack of a sense of common good continues to haunt Philippine political life even after the restoration of democracy through the 1986 People Power revolution. Our study contends that it is mainly caused by a polity that does not allow for a participatory deliberation and envisioning of the common good and a political culture that is not nurturing but hindering the collective and institutional commitment for it. While the Roman Catholic Church has been partly responsible for this democratic deficit, it nevertheless remains a social force with a moral high ground for political transformation, if it is able to change its social location and re-invent its social mission. A self-critical Filipino church whose base ecclesial communities are inserted like leaven in civil society holds the most important key to the democratization of Philippine polity and culture in the light of the Gospel.     

Comparative History and Ethnography in William Ellis’s Polynesian Researches

ABSTRACT

This article develops recent scholarly efforts to take seriously the scientific work of evangelical missionaries in the South Pacific. Ellis’s Polynesian Researches gives us an insight into the broader issue of the way in which theological concepts could inform the framework of missionaries’ observations of the traditions, manners and functioning of human societies. Central to Ellis’s observations was the idea of idolatry. I argue that Ellis brought together a theological definition of idolatry – in which idolatry represented the sinful worship of created things rather than the creator God – with an Enlightenment idea that polytheistic idolatry was a universal stage in the historical development of civilization. Ellis’s Polynesian Researches gives us a point of entry into understanding some of the ways that European theological ideas were put to new uses in the South Pacific, against the backdrop of the increasingly global exchange of people, goods and ideas.     

Wilderness use,conservation and tourism: what do we protect and for and from whom?

For many people today, the idea of wilderness conjures up meanings and images referring to wild, remote, and untrammeled natural areas, which need protection from human presence and utilization. Institutionally, the first Wilderness Act was prescribed in the United States over 50 years ago and the wilderness conservation originates from the establishment of the first national parks in North America in the nineteenth century. First conservation and wilderness areas and related legal acts provided a model on how to organize and manage conservation areas globally. However, this created ‘fortress’ model of global conservation thinking, separating wilderness, and nature from culture and people, has recently been increasingly challenged by views calling for more people-centered approaches in natural resource management. In addition, the tourism industry has become an increasingly important user and socioeconomic element of change in wilderness areas, which has created new kinds of utilization needs for the remaining wild environments. Thus, there are different ways to understand what wilderness is and for and from whom we are protecting those areas. This paper aims to overview some of the key perspectives on how wilderness environment are contextualized, used, and contested: as units of strict conservation; resources for livelihoods and raw materials, and/or tourist products. The purpose is to point out that while we have different and often conflicting understandings of what wilderness is and what it is for, there are also potentially symbiotic relations between different views which could help us to protect the remaining wilderness areas. This is the case especially in the Global South, where the sociopolitical pressures of economic utilization of the remaining wilderness environments are currently the sharpest.     

The Third Man; Or, Agency in History; Or, Rationality in Revolution

Theories of revolution invoke human agency to commit the violence that revolution entails, yet theorists of revolution often denounce the general theory of human agency called rational choice because (they say) it does not explain macrosocial facts like revolution and also leaves out culture. Actually, however, rational choice is the major premise of any cogent explanation of revolution, and it includes culture as a factual premise. Rational-choice theory applied to explaining revolution dates back to Thucydides, whose method of explanation is sound and whose theory of revolution is true. Thucydides explains the macrosocial fact of revolution by way of models whose elements are people doing what they hope will succeed, that is, acting on opinion alias culture. Theorists of revolution who make sense of it all rehearse Thucydides: they analyze the narrative history into strategic actions and reactions, explain these actions and reactions by rational choice, and document the explanation with direct and circumstantial evidence for hope of success, though they seldom own up on theory and method or preach what they practice.     

Genesis for Historians: Thomas Abbt on Biblical and Conjectural Accounts of Human Nature

Summary

Natural sociability and the basic features of human nature stood at the centre of Thomas Abbt's confrontation with conjectural history, the popular eighteenth-century mode of reconstructing the evolution of human culture. Abbt (1738–1766) criticised conjectural histories due to their arbitrary character, and opted for a synthetic approach consisting of both sacred and secular history. He suggested that the anthropology of Genesis should be accepted as the starting point for a conjectural history, since it left ample room for further questions and speculations. Yet his own perspective on human nature and its evolution remained naturalistic, as attested by his divergent interpretations of the confusion of tongues at Babel. Attempting to shed new light on the lesser-known elements of Abbt's work, the essay links his views on the Bible and conjectural history to his debate with Moses Mendelssohn over the constitution and destination of man. In this debate, both Mendelssohn and Abbt dealt with the contemporary controversy over the natural or artificial character of sociability, self-interest, and fellow-feeling.     

Spelling correctness as a witness of changing documentary culture in Tuscia (eighth–ninth centuries)

This paper discusses the evolution of documentary culture in early medieval Tuscia by quantitatively examining the Latin spelling of charter scribes in relation to the following factors: time, the distinction between the formulaic and non-formulaic parts of the document, the scribe’s domicile, the scribe’s professional status, and the document type. The paper asks what the spelling of charters tells us about administrative and socio-cultural changes in charter production and in scribal education. The research data is 997 charters from the Late Latin Charter Treebank, and the approach that of philological corpus linguistics.     

Trajectories of Culture in West Mexico

Explaining culture change requires a multi-dimensional approach, and so does explaining cultural continuity. I combine several approaches to explain why the account given of a Mexican town's history changed between 1879 and 1992. I also identify and explain what did not change during the period, as well as during the subsequent period of fieldwork itself, 1992–2005. Rather than treat cultural continuity as the result of inertia, I follow Urban ([2001], Metaculture: How Culture Moves Through the World, University of Minnesota Press, Minneapolis, MN) in looking for what motivates the transmission of culture as well as what pathways it takes, although I prefer to stress human agency in writing of the trajectories along which people propel culture, in this case a town's history. One approach which I draw, for explaining the trajectories of culture, is Malinowski's seminal study of Trobriand myths (1926), but I combine it with the more recent approaches that link versions of history to the interests of social groups; highlight the density of ties between person, people and place; pay attention to the genre of narratives being transmitted, and to the skewing of culture towards central places; and finally, consider shifts not just in the figure of particular narratives but in the grounds that underlie them, such as the criterion of truth against which narratives are measured.     

Rethinking historiography and ethnography: Surrealism’s intellectual legacy

ABSTRACT

Taking up Maurice Blanchot’s perceptive claim that “Surrealism remains always of our time”, the essay traces the importance of Surrealism for rethinking the methods of historiography (for Walter Benjamin) and ethnography (for James Clifford) in ways that allow us to appreciate the significance of Surrealism’s intellectual legacy. In his early essays on Surrealism and the monumental, unfinished work, The Arcades Project, Benjamin developed a new historical methodology, what I term surrealist historiography, that sought to uncover the latent dimensions of culture, obscured by the dazzling sheen of progress embedded within conventional historical narrative. If Benjamin found in Surrealism a way to overcome the limitations of a Rankean historicism, the point of departure for Clifford’s essay, “On Ethnographic Surrealism” is the crisis of ethnographic authority precipitated by a postcolonial critique of the discipline of anthropology. Clifford’s aim in this essay is thus to provide a provocative reassessment of Surrealism’s self-reflexive ethnographic spirit and what it might contribute to a refashioning of ethnographic practice as a polyvocal assemblage that holds in tension disparate material realities and aesthetic principles. Surrealism’s intellectual legacy thus lies, as Michel Foucault has claimed, in its path-breaking interdisciplinarity, which is why it continues to be, for Blancot and others, “a brilliant obsession”.     

METAPHORS OF POLICY MOBILITY: FLUID SPACES OF “CREATIVITY” POLICY

This article considers the metaphors we use when studying what geographers have come to call policy mobility. Specifically, it argues that a metaphor developed by Mol and Law (1994) of fluid space offers something different to metaphors that are currently being used in the area, including diffusion, transfer and network. In particular, the metaphor of fluid space describes a distributed and highly differentiated space of policy mobility and circulation that remains connected and robust despite the lack of a strong centre. This is illustrated through a discussion of the global spread of policies that claim to act on or through some aspect of human creativity, such as the creative industries, the creative class, the creative city and so on. The article concludes that this metaphor helps us to explain why some policy types are able to move to so many places while avoiding the tendency to link this movement to a universal critique.     

Evolution as context-driven actualisation of potential: toward an interdisciplinary theory of change of state

Abstract

It is increasingly evident that there is more to biological evolution than natural selection; moreover, the concept of evolution is not limited to biology. We propose an integrative framework for characterising how entities evolve, in which evolution is viewed as a process of context-driven actualisation of potential (CAP). Processes of change differ according to the degree of non-determinism, and the degree to which they are sensitive to, internalise and depend upon a particular context. The approach enables us to embed phenomena across disciplines into a broad conceptual framework. We give examples of insights into physics, biology, culture and cognition that derive from this unifying framework.