Law and the Ruining of the Land

Abstract

In his monograph God, Justice, and Society (Oxford University Press, 2011)response to his work uses examples from Deuteronomy, Jeremiah and other prophetic texts to explore the relationship between obedience to God’s law and the wellbeing of the natural world. It concludes that given the complexity and diversity of natural law within the Western philosophical tradition, it seems unwise to draw too direct a comparison with the biblical material, which reflects a very different world view. The close study of the texts suggests that, for the biblical authors, divine law was both commanded at Sinai and written into the fabric of the universe.     

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     

Historical writing? – Richard Wilton’s “Booke of particular remembrances”, 1584–1634

ABSTRACT

Francis Bacon’s Advancement of Knowledge shaped contemporary and modern conceptions of historical writing and culture which historians have only begun to re-examine more recently. This case study of the “notebook” of Sir Richard Wilton demonstrates the fruitfulness of considering non-narrative texts as “historical”. Wilton self-fashioned his identity from the ideals of gentry culture and his Protestant faith. Wilton’s personal memory was influenced by the Reformation which led to forms of commemoration in texts. He also used elite knowledge networks to negotiate historical networks that were fundamentally oral and local. Finally, early modern historical writing found in personal accounts, commonplace books, and remembrance books could be fluid and dynamic, and it appropriated forms of writing that were highly accessible in the day-to-day lives of the writers that compiled them. The decision to use particular forms of writing was intrinsically associated with the utility and meaning of these forms.     

Legislating the Melanesian Way: Bernard Narokobi and the Law Reform Commission of Papua New Guinea

Abstract

A common criticism of Bernard Narokobi is that his vision of the ‘Melanesian Way’ was vague and imprecise. This article argues against this claim by describing the activities Narokobi undertook as the head of the Law Reform Commission of Papua New Guinea (1975–8). Using the example of his suggested revision of adultery laws, this article shows that Narokobi realized his abstract vision of the Melanesian Way in the most concrete and specific way possible: by attempting to reform the law. Much of Narokobi's legal reform work was unsuccessful, but a full understanding of his philosophy can only be achieved by reading his legal work alongside his published writings like The Melanesian Way.     

Witchcraft,Human Nature,and Political Theology in Jean Bodin’s de la Démonomanie des sorciers

ABSTRACT

Jean Bodin (1530–1596) is most well-known as the thinker Carl Schmitt credits for modern absolutist sovereignty and political theology. Contemporary critics of sovereignty, following Schmitt, ascribe to Bodin a theological politics of obedience and the negation of individual and collective human freedom through authoritarian discipline (Cocks, Joan. On Sovereignty and Other Political Delusions. London: Bloomsbury Academic, 2014). Yet, a dedicated study of Bodin’s own political theology remains wanting. His most extensive discussion of theology and law is in his more obscure work on the jurisprudence of witchcraft. In de la Démonomanie des sorciers (1580), Bodin provides a theological account of a divinely created rational order where benevolence and evil are at work in the world. Humans must exercise the free will to choose between them. Bodin’s theological anthropology anchors his political theology with important implications for the proper exercise of human political power within the natural and divine order.     

Eupolemus the Chronographer and 141 BCE

ABSTRACT

Eupolemus is mentioned in three separate texts: Josephus, Contra Apion; Clement, Stromateis; and Eusebius, Preparation for the Gospels. However, the references and texts associated with Eupolemus in Eusebius and two references to Eupolemus in Clement, found no earlier than the 2^nd cent CE, may be assigned to a second, or, Pseudo-Eupolemus. The earlier Jewish Hellenistic writer is referred to in Josephus but he provides no details. The only information about the original Eupolemus is found in Clement. It is clear that the original Eupolemus uses the independence of Jerusalem from Greek troops in 141 BCE as the base year for his chronology. In addition, it is probable he used the Hebrew text of Kings and not the LXX as his source. Eupolemus should not be used to support early dates for the LXX.     

The Roots of Terrorist Motivation: Shame,Rage, and Violence in The Brothers Karamazov

Abstract

Dostoevsky's most famous novel dealing with terrorism is his work The Demons. In this first-ever novel about terrorism, he carefully analyzed the various factors that contributed to the rise of modern terrorism. This article argues that Dostoevsky's subsequent novel, The Brothers Karamazov, is equally important in understanding the motivations of individual terrorists. The author argues that The Brothers Karamazov is fundamentally a novel about the rage and violence that are the byproducts of shame and humiliation. If modern counterterrorism policymakers, analysts, and operatives are serious about understanding the fundamental motivations of modern terrorists, it may benefit them to read (or reread) The Brothers Karazamov in this light.     

Renewing the Political Perspective: Reflections on James Ceaser,Political Science,and Liberal Democracy

Abstract

This is a response to the contributions to the symposium on David Walsh's trilogy on modernity: After Ideology (1990), The Growth of the Liberal Soul (1997), and The Modern Philosophical Revolution (2008). After expressing appreciation for the careful reading the work has received, it enters into a reflection on the underlying unity of the studies. This is intended to address the common concerns that center on the issue of how the modern world is to be understood. It emphasizes the impossibility of separating the attempt to understand modernity from the need to take responsibility for it. This is the perspective that has illuminated the totalitarian catharsis, the durability of liberal political regimes, and the existential turn within modern philosophy. In the latter part of the essay, a response is offered to specific objections and characterizations that individual symposiasts raise.     

Review articles/Besprekingsartikels

Abstract

Swiss missionary Henri Alexandre Junod has been widely recognised for his extensive entomological, botanical, linguistic and anthropological contributions regarding southern Africa. However, shortly after publishing his most acclaimed work, The Life of a South African Tribe, Junod wrote a little-studied novel, Zidji: étude de m?urs sud-africaines, in which he endeavoured to give a detailed portrayal of South African Society. Interestingly, he chose fiction as the best vehicle for conveying what he saw as the 'truth' of the situation. As the only novel written by Junod this is a unique piece of writing in relation to his other work and its study shows that it is essential to an understanding of Junod. In Zidji he attempts to give a complete picture of South African society at the beginning of the twentieth century by recounting a black convert's experiences of what Junod considered to be the three main influences acting upon black society of the time, that is, tribal life (paganism), the mission station (Christianity) and white society (civilisation). By considering his depiction of South Africa, in particular his presentation of 'civilisation', further light is shed on his sentiments and perspective of the missionary encounter, social change and race relations in South Africa.     

Historiographical Foundations of Modern International Thought: Histories of the European States-System from Florence to Göttingen

Summary

The foundations of modern international thought were constructed out of diverse idioms and disciplines. In his impressive book, Foundations of Modern International Thought, David Armitage focuses on the normative idioms of natural law and political philosophy from the Anglophone world, from Hobbes and Locke to Burke and Bentham. I focus on parallel developments in the empirically-oriented disciplines of history and historiography to trace the emergence of histories of the states-system in the Italian- and German-speaking worlds, from Bruni and Sarpi to Pufendorf and Heeren. Taking seriously Armitage's remark that ‘the pivotal moments in the formation of modern international thought were often points of retrospective reconstruction’, I argue that the historical disciplines supplied another significant intellectual context in which the modern world could be imagined as ‘a world of states’.     

Cromwell’s “spymaster”? John Thurloe and rethinking early modern intelligence

ABSTRACT

As intelligence co-ordinator for the Cromwellian Protectorate, John Thurloe was responsible for securing the new regime against a number of different threats, including Royalist plots and potential uprisings. Through a scholarly rereading of the Thurloe State Papers, this article provides new insights into Thurloe’s intelligence work, and reflects critically on the impact of modern intelligence studies on early modern history. Investigation of the constraints on early modern intelligence, in terms of money, manpower, relationship to the legal system, and legitimacy, reveals how Thurloe actively sought to circumvent limitations, or to turn some of these to his advantage. Analysis of Thurloe’s defence of the ports against the passage of Royalist agents and invasion, an area where he has traditionally attracted criticism, shows a far more sophisticated strategy at work, including his exploitation of security weaknesses to gather more intelligence and disrupting actively a significant number of potential invasion plans.     

Meaning in a Changing Context: Towards an Interdisciplinary Approach to Authorial Revision

Summary

In this article, I seek to develop a genetic/diachronic approach to the phenomenon of authorial revision, and to the interpretation of texts that exist in multiple versions. In all such cases, the reconstruction of textual meaning cannot be separated from the reconstruction of the process through which the text in its ‘final’ form came into being; furthermore, an understanding of the author's intentions in (re)writing cannot be entirely separated from an understanding of his/her motives for (re)writing. This article is divided into three sections. In the first section, I consider recent trends in editorial and literary theory that aim at characterising texts in terms of processes rather than products, in order to uphold the equal dignity of each version without losing sight of its connectedness to other stages in the history of the text. In the second section, I discuss how Quentin Skinner's views on meaning and context apply to cases of authorial revision, and I suggest that some key aspects of Skinner's contextualism need to be reconsidered. In the concluding section, I focus on a case study in order to demonstrate the operational value of such a genetic and motive-based approach to authorial revision: more particularly, I seek to show how a close examination of Jean Bodin's rewriting practices in the Methodus (1566–1572) and the République (1576) can throw new light on his shift from a concept of limited sovereignty to one of absolute sovereignty.     

Was Digenes Akrites an Oral Poem?

Abstract

It is often suggested that Digenes is in some way connected with oral poetry, whether the oral folk poetry of the modern ‘acritic’ ballads or the type of oral epic tradition identified by Milman Parry and A. B. Lord in the Homeric poems and in modern Yugoslavia. Some clarification of the possible role of oral tradition in the composition and transmission of Digenes now seems overdue, and in this paper I propose to examine the texts of the poem in the light of recent work on ‘oral literature’, so as to define more precisely in what sense any of these can be described as ‘oral’, and then, more tentatively, to suggest a possible framework for the growth and transmission of the poem which might account for these results.     

Imagining Britain: reconstructing history and writing national identity in Englands Heroicall Epistles

ABSTRACT

The idea that in the Tudor era the English people became proudly conscious of their national language and history, has been challenged by critical interventions that suggest how England as a nation had to be “written”: the act of writing can construct imagined boundaries, both to appropriate and exclude. In Englands Heroicall Epistles, Drayton replaces Ovid’s mythological figures in the Heroides with specific well-known English historical personas who provide, through their letters, different perspectives on English history. I will contend that Drayton’s assertion of national identity and patriotism is done verbally and semantically, while his allegiance to oppositionist politics is rendered generically and subversively by a remarkable manipulation of the genre of historical poetry in the Heroicall Epistles: this in turn reflects his deep engagement with ideas of history and the construction of national consciousness in early modern England.     

Oliver O'Donovan's Critique of Autonomy

Abstract

More than any other contemporary theologian, Oliver O'Donovan has revived political theology as a field of enquiry. Yet O'Donovan has been consistent in his critique of the modern idea of autonomy, judging it to be at odds with the more communitarian idea of covenanted community found in the Hebrew Bible/Old Testament. He contrasts this modern idea, and its political implications, with the older biblical idea, also adding some basic points from Aristotle's idea of the polis. But unlike many contemporary communitarians, O'Donovan is also able to incorporate the idea of human rights into his political theology. He sees this supposedly modern idea having fuller precedence in the biblical idea of mishpat ("justice"), which he takes to be God's primordial claim on His covenanted community, a claim that sufficiently grounds both individual rights and communal rights and which enables them to function together. However, O'Donovan draws the line when it comes to the modern social contract theory, arguing that it is at odds with biblical teaching that the primary responsibility of rulers is to divine law. While agreeing with O'Donovan's rejection of autonomy and his acceptance of human rights, this paper argues against O'Donovan's theological rejection of social contract theory. Instead, it argues that a social contract is consistent with the doctrine of the covenant; indeed that the very possibility of the social contract is best explained by the doctrine of the covenant, and that this acceptance of the social contract serves the best political interests of covenanted communities (like the Jewish People and the Christian Church) in an otherwise secular world.     

Eduard Nielsen's Oral Tradition Sixty Years After

ABSTRACT

When Eduard Nielsen’s Oral Tradition appeared in 1954 the author’s main motivation for writing it was frustration with what was felt to be serious shortcomings in current methods of Old Testament research. Influ-enced by “Scandinavian” scholarship (above all Pedersen, Nyberg, and Engnell), Nielsen wishes to replace historical critical approaches with more adequate, updated methods. In particular, he wants to integrate insights into the oral processes that lead to the creation of the literature of the Hebrew Bi-ble into his exegetical techniques. For comparative purposes, Nielsen utilizes texts from ancient cultures where orality was predominant. He discusses above all Greek, Mesopotamian, and Old Norse sources. In view of the huge interest in orality and memory in academia today it is obvious that Nielsen was far ahead of his time. It is more than regrettable that so little attention has been paid to this pioneering work.     

Once upon a time,Zoroaster

Martin Haug's Essays on the sacred language, writings and religion of the Parsis (Bombay, 1862) seems to be the monument that founds modern Zoroastrian studies, both because it is grounded in the discovery and the study of the Gathas and because it proposes an evolutionist view of the history of Zoroastrianism. If Haug's philological work is the consequence of his belonging to the German school of indo‐iranian and indo‐european studies (Benfey), his methodology was deeply influenced by Ewald, a well‐known historian of the Hebrews, while he retained the Hegelian notions of the acme and of internal evolution drawn from his contacts with the Tübingen school of historical theology.

Actually, this modern conceptual apparatus did not lead Haug to break with the conclusions of the 17th and 18th century scholars. Since he was faced with the demands of the Parsis, eager to disprove the accusations of dualism and polytheism, Haug continued to make use of the conceptions of Hyde (1700), Beausobre (1734) and Anquetil (1769): Zoroaster is the great prophet of ancient Iran, he is an author — and the Gathas are his work —, he preached a monotheism, while his dualism is philosophical in nature and the post‐zoroastrian polytheism is the product of decadence.

It is this mixture of the ancient and the modem, structured within the dialectic model of evolution that satisfied all at once both the Parsi Reformists and the tradition of Western Zoroastrian studies and that has inspired the most recent research (Gnoli, 1980).     

Jean-Jacques: The early life and work of Jean-Jacques Rousseau 1712–1754

The paper presents important new information about the life of Jean Barbeyrac, the famous Huguenot translator of Grotius, Pufendorf, and Cumberland. Based on extensive research in the Secret State Archives (Geheimes Staatsarchiv) and the archive of the French Church (Französicher Dom) in Berlin, it discusses two previously unknown letters of Barbeyrac to court officials, and the role of this interaction in his departure, in 1710, to the University of Lausanne. It also reintroduces a relatively unknown work by Barbeyrac on gambling, the Traité du Jeu (1709), and clarifies the role of various personages in the French Colony of Berlin in the early eighteenth century. The investigation articulates various family relationships of Barbeyrac and follows him to the University of Groningen (in 1717)—a relatively unexplored period of his life—whose archives have recently yielded a comprehensive inventory of his possessions. Also, by analyzing documents dealing with the life of Barbeyrac's brother, Jacques, the paper contributes to our understanding of the early modern pastorate in Brandenburg (Prussia). A prelude to a larger study of Barbeyrac and the Huguenot diaspora in Berlin, it focuses on essential texts, both old and new, which are needed for an adequate understanding of this formative period of the early German Enlightenment and its main figures.