The Reward of a King: Machiavelli,Aquinas, and Shakespeare's Richard III

Abstract

Richard III centers on the rise and fall of a man who claims that he will “set the murderous Machiavel to school” and proceeds to seize the crown of England, only to lose his grip on that coveted prize in his own sudden personal and political unraveling. Insofar as we see Richard as a genuine but failed Machiavellian, it remains difficult to determine the extent to which Shakespeare's critique of Richard is a critique of Machiavelli. Yet Shakespeare's account of Richard's hopes, successes, and failures, examined in light of relevant classical texts, points to fatal flaws in Machiavelli's account of reason, conscience, and the end of human actions, demonstrating that the concept of the objective good is an essential component of any meaningful and coherent account of human action. Thus, Richard's ultimate descent into madness is a sign of the fate that even the “best” Machiavellian statesman or society is destined to share.     

God,Justice and Society

Abstract

This non-evaluative overview of God, Justice, and Society: Aspects of Law and Legality in the Bible summarizes Jonathan Burnside’s introduction to biblical law and his demonstration of its value as a resource for modern legal issues     

Judgment,Tradition and Reason: A Response

Abstract

The author of The Desire of the Nations (DN) and The Ways of Judgment (WJ) responds to the criticisms and questions of the eight other contributors, defending his concept of government-as-judgment and exploring questions about international law and contemporary pluralism.     

Spiritedness,Reason, and the Founding of Law and Order: John Ford's The Man Who Shot Liberty Valance

Abstract

John Ford's 1962 classic Western, The Man Who Shot Liberty Valance, analyzes the difficulties inherent in founding a new political order based on the rule of law. Some critics have concluded that the film mordantly portrays the closing of the frontier, the tragic loss of the rugged individualism it promoted (represented by Tom Doniphon), and the ascendance in its place of a fraudulent political class (represented by Ransom Stoddard), while exposing that even free societies are founded on crime. Yet, as others have argued, Doniphon also represents the spirited part of the Platonic tripartite soul, revealing spiritedness's ambiguous relation to justice: he refuses to fight unless personally threatened; perpetuates servitude, if not slavery; and shows no interest in promoting equality of women. Doniphon stands in opposition to the principles of the Declaration of Independence, pointedly recited at the film's chronological center, and his eclipse by Stoddard is not a tragic mistake. In addition, John Locke's state of nature teaching unlocks why Valance's death is not a crime that sullies the foundations of the society. Finally, the legend told as fact at the film's conclusion combines both men into a single entity, “the man who shot Liberty Valance,” thereby propagating a salutary lesson for future citizens: reason must combine with and rule over spiritedness if law and order are to prevail.     

Law,Principle, and the Theologico-Political History of Sovereignty

Abstract

This article takes it cue from the debate between Carl Schmitt and Erik Peterson regarding the possibility of political theology within Christianity, and in response, offers a conceptual-historical portrait of sovereignty and its juridical dimensions. Beginning with the introduction of Roman law into the medieval Church, the article traces the logic of “legal principle” as the basis of sovereign decision and how the form of legal distinctions adopted into canon law translate the Romanitas of law into the theory of papal sovereignty. By the Romanitas of law, that is to say the principle of sovereignty in law. The article then seeks to describe the conceptual translations of Roman politics and Stoic metaphysics into theological form and the logic of this translation into medieval natural law. The article concludes by evaluating how the civic theology of Rome is conceptually inherited by the politics and legal framework of sovereignty and returns to Peterson’s critique of Schmitt, arguing that political theology can be understood as a dynamic where politics is theologized, assuming that in the history of religion, theology and politics are never fully distinct to begin with.     

The Moral Theologian,Oliver O'Donovan and International Law

Abstract

Oliver O'Donovan renders a singular contribution to the theory and history of international law by identifying the spiritual impoverishment of the discipline following the triumph of state-centred contractarianism in the theory of international relations, with Hobbes, Locke, Kant and, for the present, John Rawls. This contractarian approach to international society has an inherent tendency, which O'Donovan highlights, to ground international order in the hegemonic claim of one or two countries to represent the values of the whole of humanity. With a combination of rational moral theology and biblical interpretation (Revelation), O'Donovan reasserts an international order grounded in the autonomous identities of the nations, which God has recognized as equal. With a theory of political legitimacy which rests upon representation of national identity, O'Donovan points the way to an international order based upon mutual respect among nations under natural law, in the classical medieval sense finally represented by Grotius and Suarez. This article describes again what the natural law tradition meant in the hands of Aquinas and Vitoria, in order to highlight the fact that the ontological dimension of natural law theory provides a way to meet the intolerable insecurities which theories of nationalism appear to generate. Then the article goes on to offer one way to bring natural law thinking up to date for contemporary audiences by drawing upon Paul Ricoeur's phenomenological theory of mutual recognition and respect among the nations as a way of going beyond the contractarian tradition in contemporary international law and relations theory.     

Performing Trans in Post-Revolutionary Iran: Gender Transitions in Islamic Law,Theatre, and Film

In the wake of a string of sensationalist documentaries about transsexuality in Iran, Iranian theatre and film artists began crafting groundbreaking trans performances to educate audiences and depict characters living non-heteronormative lives without the translating influence of queer theory or identity politics. Investigating transsexual bodies as assembled by jurists in Iranian Shi?a jurisprudence and by artists on stage and screen reveals the ways in which the transsexual body is constructed in Islamic legal discourse and represented in narrative and bodily form in the public imaginary in Iran. Representations of transsexuality in theatre and film highlight the role of the arts as a vehicle for social change, communal recognition, and self-cognition. In particular, performances of female-to-male gender transitions in theatre and film have expanded the boundaries of how gender presentation is translated onto Iranian stages, into Tehran coffeehouses, and onto global screens. These trans performances usher Iranian spectators into new forms of viewership and artistic consumption in their attempt to creatively represent transsexual bodies and narratives to increase tolerance towards transsexuals; further, they have ignited a conversation among artists and activists about the assemblage of transsexual bodies in artistic productions and the most effective narrative and emotional forms of catharsis to inspire change.     

Handling Sorcery in a State System of Law: Magic,Violence and Kastom in Vanuatu.

ABSTRACT This paper addresses the consequences of a local sorcery accusation that came to the attention of Vanuatu state police, courts and media. The paper discusses what happens to sorcery practices when these become absorbed into a modern, bureaucratic context. The argument revolves around the national imaginary formed by state power and the mass media in people's contemporary lives. In formulating new forms of opposition to sorcery, they also create a new imaginary space of national belonging.     

A Matter of Judgment: Politics,Law and the Trial of Bishop Thomas Watson

Thomas Watson's controversial expulsion from the bishopric of St David's – and hence from the house of lords – after a long and bitterly‐fought series of legal actions, raised fundamental and difficult questions about the right to control membership of the house of lords and about the relationship between politics and the law, as well as between church and state. This article explores both the local and the national political contexts that prompted Watson's ordeal, suggesting that subsequent demonisation by Gilbert Burnet has obscured the extent to which Watson was the casualty of William III's determination to cow his political opponents. It concludes that Watson was marked out for opprobrium precisely because, like Sir John Fenwick, his political and social insignificance enabled him to be victimised without risking a backlash of opposition from the social and political elite.     

国际法、女权保护与第一次世界大战期间的英德宣传战

宣称战争因某种道德理想而展开是一次大战的显特征,国际法、平民权益特别是妇女儿童权益保护就成了区分和衡量战争正义合法与否的标尺。英德关于非人道作战方式的合法性争执凸显出国际法存在的严重缺失及其在宣传战中作用的有限性,而侵害最易成为战争受难的妇女儿童权利便成了宣传战中最能调动舆论情绪、最易产生宣传效果的主题,这也是英国适时将宣传战主题从德国违反国际法切换到德军大规模强暴妇女儿童上来的主要原因。