Custom and the Courts: Ensuring Women's Rights to Land,Jharkhand, India

Based on field research in Dumka district, Jharkhand, this article examines the mechanisms through which women operationalize their rights to land. It questions the polarization of legitimation systems into statutory codes and customary practices, as operating independent of each other, and demonstrates the political and temporal situatedness of ‘law’, and the processes of hybridization that allow for the actualization of a legal right, by providing it social recognition and validity. The article explores the choice of different arenas by women for making their claims, with the choice of a particular arena depending not just on access and resource availability, but also on the women's social positionality.     

Place in legal geography: Agency and application in agriculture research

Systemic failure of our land management, legal, and regulatory institutions is revealed by the serious and adverse social and environmental impacts of land use practices in private agriculture, evident in severe land and water degradation, precipitous decline in biodiversity, and reduced resilience to natural hazards and climate change. The efficacy of the standard treatment of environmental law and regulation is often hampered by the cultural and legal priority of property rights. We take a different approach, using legal geography to refocus attention on the salience and agency of place and responses to degradation, such as conservation farming and regenerative agriculture, which are reforming dominant land management cultures and institutions from within. By recognising the role of place in leading geographically responsive land use decision-making and more sustainable, resilient, and productive agricultural practices, an alternative model of private land ownership may be possible, as well as greater environmental sustainability. For researchers, our approaches too must be sensitive and responsive to place agency and our methodologies must evolve to acknowledge the agency of place. Place agency in legal geography has great potential for application in reforming suboptimal industrial agricultural practices and legal models of property ownership, and also for revitalising our scholarship.     

Practical Hagiography: James of Voragine’s Sermones and Vita on St Margaret of Antioch

Abstract

In addition to his exceedingly popular Legenda Aurea, James of Voragine wrote in another hagiographical genre: sermons on the saints. The Sermones de sanctis likewise became immediately popular, as his Dominican brothers used James’s model sermons to learn to preach about the saints in a format that would provide the laity with intelligible and practical theological instruction. James’s corpus gives us a rather unusual opportunity to compare the ways in which a single author manipulates multiple hagiographical genres, and his writings on St Margaret of Antioch allow us to explore how a medieval preacher used a historically disputed saint — a dragon-fighter — to provide a practical model of sanctity to his lay audience. I compare the representations of Margaret in James’s sermones and vita, arguing that James adapted certain features of Margaret’s saintly example in the vita to instruct the audience of his sermons about proper Christian virtues and actions. As a point of comparison, I explore a sermon by Évrard of Val des Écoliers in which the Augustinian teaches his audience a practical skill — how to pray — through Margaret’s example.     

Land as fictitious commodity: the continuing evolution of women's land rights in Uganda

In sub-Saharan Africa, colonial influences have altered traditional practices as a way to manage that which Polanyi labeled as ‘fictitious commodities’ of land, labor, and money. Land has now become a highly marketable commodity and an intrinsic part of the global economy. Over the past century, Uganda's land rights have evolved from communal rights to that of male-dominated, individual ownership practices that have excluded women. Despite constitutional provisions, which confer title of both a deceased husband's property rights and equal rights to property within a marriage to a wife, postcolonial patriarchal tradition prevails. This article examines historical changes in land rights in Uganda and discusses the impact of shifts in land rights from communal ownership to individual tenure, altering power structures and attempting to create marketable land title. The Ugandan women's movement's opposition to policies and implementation of laws that exclude women has been unable to facilitate the required changes in unbiased access to land rights, despite apparent victories in revisions to the letter of the law. Situated within contemporary interpretations of tradition and pressures of market demand, this article shows that women's access to landownership and use are restricted by misinterpretation of traditional law and a lack of enforcement of contemporary legal rights. To illustrate the impact of a lack of access to land, this article examines an empirical case study of widowed subsistence farmers in southern Uganda. Women in Uganda continue to lose ground, quite literally, decreasing the possibility of gender equity in terms of land.     

Trafficking in Law: Cause Lawyer,Bureaucratic State and Rights of Human Trafficking Victims in Thailand

Abstract

In this case study of a young, Thai “cause lawyer”, advocacy for human rights is considered in context. The most important elements of that context are the path of development of Thai political and legal institutions, globalisation of law, and the networks of relationships that penetrate the state. The case study shows that human rights advocacy by NGO lawyers can adapt creatively to unpromising conditions under which courts provide little access or oversight. At the same time, the case study raises profound questions about the ultimate independence of cause lawyers when the state must be made a partner in order to establish the authority of law needed to make human rights advocacy possible. The ambiguity of the lawyer’s position is apparent from the relative ineffectiveness of her interventions and her growing moral authority on behalf of best practices under law. Her position suggests the limitations on law imposed by the underpinnings of the Thai state itself.     

The Preaching of the Master: Thomas Aquinas’s University Sermons on Happiness

ABSTRACT

The single task of the Parisian masters of the thirteenth century was to read Scripture, a task they performed by way of the famous legere, disputare, praedicare. Although intimately connected these three are rarely studied in relation to each other. Thomas Aquinas’s sermons on the beatitudes (Matthew 5. 1–10) can be compared to his commentary on Matthew and the Summa Theologiae. This opens up a new perspective on the sermons, addressing some of the questions they raise. The edition of Aquinas’s sermons by Louis Bataillon is instrumental in performing this task and will therefore be considered in greater detail. The present article seeks to contribute to Medieval Sermon Studies by way of a more theological approach and to present to theologians the importance of a greater appreciation for the sermons of the masters.     

Narokobi’s Melanesian Philosophy in the Papua New Guinean Legal System

ABSTRACT

Bernard Narokobi dedicated his career as a law reformer, jurist and parliamentarian to making Papua New Guinea’s legal system a catalyst for a distinctively Melanesian philosophy. This philosophy, ‘the Melanesian Way’, emphasized Papua New Guineans’ embeddedness within their local social worlds, including spirits and the natural environment. The legal foundation for the Melanesian Way was set down in the National Goals and Directive Principles and Basic Social Obligations, which are stated in the Preamble to the Constitution of Papua New Guinea. These make the ideals of social justice, participatory democracy, national sovereignty and sustainable development a legal aspiration and an impetus for formally recognizing the social forms that Papua New Guinean people themselves experience as providing order in their lives. Legislation that Narokobi promoted over the course of his career offered practical mechanisms for operationalizing these ideals in accordance with their original constitutional foundation.     

Rethinking the History and Theory of Jus Publicum Universal: The Formation of China as a "Semi-Civilized" Legal Subject

Much of the existing scholarship on the universalization of nineteenth-century international law has framed it in terms of the imperial West's domination of non-Western societies.This article complicates and qualifies this conventional state-centric narrative by investigating the juridical,capitalist production of China as a "semi-civilized" international legal subject.It examines the foundational modem Sino-British/Westem commercial and extraterritorial treaties,as well as the treatises of a new professional class of British international lawyers-James Lorimer (1818-90),John Westlake (1828-1913),William Edward Hall (1835-94),T.E.Holland (1835-1926),Thomas Lawrence (1849-1920),and Lassa Oppenheim (1849-1920).The juridical production of China as a "semi-civilized" legal subject throws into relief the dual capitalist nature and significance of the universalization of nineteenth-century international law.On the one hand,this "civilized" legal discourse underwrote a novel liberal conception of a universal international law (jus publicum universal) within which China was formally included as a quasi-legal subject.On the other hand,it also underwrote a particularistic,Euro-centric international law,which excluded China from its global domain and denied it basic sovereign fights.In this way also,"civilized" international law justified both formal equality in Europeannon-European treaty relations,as well as the real substantive inequality of these international exchanges of rights and obligations.Building on the critical theoretical work of Evgeny Pashukanis (1891-1937),this article argues that a non-orthodox Marxist social theory of legal forms is best suited to explain the abstract,liberal universalism of nineteenth-century "civilized" international law and the contradictory forms of legal and jurisprudential discourse it made available and rendered normatively meaningful to international law practitioners.Through this Marxist theory,moreover,I shall relate said contradictory discourse to modern commodity exchange practices.     

The fusion of law and ethics in cultural heritage management: The 21st century confronts archaeology

Abstract

Archaeologists around the world face complex ethical dilemmas that defy easy solutions. Ethics and law entwine, yet jurisprudence endures as the global praxis for guidance and result. Global legal norms articulate ‘legal rights’ and obligations while codes of professional conduct articulate ‘ethical rights’ and obligations. This article underscores how a rights discourse has shaped the 20th century discipline and practice of archaeology across the globe, including in the design and execution of projects like those discussed in the Journal of Field Archaeology. It illustrates how both law and ethics have been, and still are, viewed as two distinct solution-driven approaches that, even when out of sync, are the predominant frameworks that affect archaeologists in the field and more generally. While both law and ethics are influenced by social mores, public policy, and political objectives, each too often in cultural heritage debates has been considered a separate remedy. For archaeology, there remains the tendency to turn to law for a definite response when ethical solutions prove elusive.

As contemporary society becomes increasingly interconnected and the geo-political reality of the 21st century poses new threats to protecting archaeological sites and the integrity of the archaeological record during armed conflict and insurgency, law has fallen short or has lacked necessary enforcement mechanisms to address on-the-ground realities. A changing global order shaped by human rights, Indigenous heritage, legal pluralism, neo-colonialism, development, diplomacy, and emerging non-State actors directs the 21st century policies that shape laws and ethics. Archaeologists in the field today work within a nexus of domestic and international laws and regulations and must navigate increasingly complex ethical situations. Thus, a critical challenge is to realign approaches to current dilemmas facing archaeology in a way that unifies the ‘legal’ and the ‘ethical’ with a focus on human rights and principles of equity and justice. With examples from around the world, this article considers how law and ethics affect professional practice and demonstrates how engagement with law and awareness of ethics are pivotal to archaeologists in the field.     

The Preacher Facing a Reluctant Audience According to the Testimony of Exempla

Abstract

In spite of the fact that from a theological point of view disobedience can sometimes be positive, in the preachers’ sermons to the people (ad populum), disobedience is always a strongly condemned sin. We focus on the sermones vulgares of Jacques de Vitry and on collections of exempla. In order to analyse the forms of reluctance and contestation to the norms proclaimed by the sermons, we evaluate the steps of this resistance ranging from lack of attention and disrespect to criticism and even hostility. Nevertheless, sometimes one must recognize that it is the preacher’s incompetence that leads to the failure of his pastoral care, for example when the preacher prepares unclear sermons (like Jacques de Vitry when he was a beginner) or is unable to tell a story or to make himself heard. It is even worse when the preacher conveys bad opinions. However, the biggest trouble comes when inattentive and disrespectful listeners are able to interrupt the preacher to contest any inconsistencies in the sermon or mistakes in the doctrine. When the sermon has no effect on the audience, it has clearly failed to get its message across. The preacher can also face competition from singers, jugglers and dancers who can distract the audience from the sermon.     

‘The realities of power’: David Stoll and the story of the 1982 Guatemalan genocide

ABSTRACT

In a short opinion piece published in late 2013, anthropologist David Stoll claimed that genocide did not occur in Guatemala under the military dictatorship of José Efraín Ríos Montt (1982–83), that the charges against the former general and his subsequent conviction were unsubstantiated, and that human rights conditions for the country’s Indigenous peoples, including the Ixil population of northern Quiché department, actually improved under his government. By looking at the definition of protected groups under the United Nations Genocide Convention, and such basic notions as perpetrator motives and intent in international humanitarian law, this article will address Stoll’s latest contribution to a ‘counter-narrative by Guatemalans who perceive that their side of the story [was] left out’ of the 2013 genocide trial.     

The Thesaurus Exemplorum Medii Aevi (ThEMA): An Introduction

Abstract

Johannes Borquardi was a priest-brother at Vadstena Abbey from 1428 until his death in 1447. He was a renowned preacher and has left three extant volumes of sermons. At the end of many of his sermons, he writes suggestions for yet another sermon on the same theme or for the same day. There are some 60 such short texts, some mentioning only one or two suitable sources, others listing many books; sometimes they even give a Vadstena shelf-mark. These texts are invaluable for our knowledge of the Abbey library in many aspects. In some cases, we can check how Johannes himself used his own suggestions, since we also have his next product for the same feast. In this paper, I have studied how Johannes used one of his 'endnotes' to compose a sermon for St Matthias by cribbing from Peregrinus de Oppeln and Guilelmus Peraldus. I hope to show just how skilfully he uses his sources and how elegantly he pastes in his quotations, so that the sermon becomes a new, consistent and homogeneous text.     

Sermons,Preaching, and Liturgy: Practices,Research Methods,and the Case of Giordano da Pisa

This article analyses the relationship between sermons, preaching, and liturgy within the Order of the Friars Preachers in late thirteenth- and early fourteenth-century Italy. It provides an account of a specific method for the study of the medieval ‘modern sermon’ by investigating the reportationes of the sermons given by Giordano da Pisa, a Dominican friar who preached in Florence and Pisa between 1302 and 1309. The investigation using this method shows that the sermons’ subjects and arguments, often considered by historians to be a direct consequence and reflection of Florence’s social and economic reality, had in fact also much to do with the evangelical story or epistolary passage assigned to the specific date of the liturgical calendar: there are thus two principal influences rather than just one. This approach to Giordano’s sermons provides a new perspective on his work as a preacher by being more attentive to the internal construction mechanisms of sermon discourse.     

D’Arcy Thompson’s On Growth and Form and the Concept of Dynamic Form in Postwar Avant-Garde Art Theory

Abstract

The impact is considered of D’Arcy Thompson’s notion of biological form as set out in On Growth and Form on postwar avant-garde experimental art practices associated with the Independent Group, Nigel Henderson’s photography, and László Moholy-Nagy’s post-Bauhaus art theory. How Thompson’s insistence on the importance of physical forces in shaping biological form, and of distortion as a component of symmetrical systems, influenced the writings and practices of these artists, is explored, linking abstraction to legacies concerned with materiality and technique encountered earlier in Constructivism. Henderson’s photograms and ‘stressed photography’ are shown to be directly inspired by Thompson’s conception of form as a diagram of forces, and attest to a novel understanding of rules of symmetry in abstract form that may be seen in the dynamic processes at play in complex natural phenomena. How Moholy-Nagy explored these notions theoretically is examined, for example in his definition of drawing in Vision in Motion, which cites Thompson directly as a source of inspiration.     

Thomas Arnold,Christian Manliness and the Problem of Boyhood

Thomas Arnold is a well-known character in Victorian Studies. His life and work are usually discussed in relation to his role as Headmaster of Rugby School and the development of the English public school system. His importance in the history of Victorian manliness has, by contrast, been somewhat obscured. When scholars do comment on his highly influential idea of Christian manliness, they tend to assume it was an overtly gendered ideal, opposed to a well-developed notion of effeminacy. A closer study of Arnold's thought and writings, as well as the reflections of his contemporaries and pupils, reveals rather that his understanding of manliness was structured primarily around an opposition between moral maturity on the one hand and immoral boyishness on the other. As this article argues, one of Arnold's chief concerns at Rugby was to ‘anticipate’ or ‘hasten’ the onset of moral manhood in his pupils. Moreover, his discussion of manliness in his role as Headmaster was closely connected to his work as a historian – another neglected aspect of Arnold's career. Inspired, above all, by the Italian philosopher Giovanni Battista Vico, Arnold's historical writing is punctuated by the Vichian concept that nations, like individuals, pass through distinct stages of maturity, from infancy, through childhood, manhood, age and decrepitude. A close reading of Arnold's school sermons and other works on the peculiar dangers of boyhood suggests clearly that his historical writing inspired the notions of moral manliness and vicious boyhood that underpinned much of his educational thought.     

Credibility in the Court of Chancery: Salesbury v. Bagot, 1671-1677

ABSTRACT

Between 1671 and 1677, William Salesbury of Rhug fought a bitter legal battle in Chancery against his cousin, Dame Jane Bagot, and her family. William contested Jane’s inheritance of the Bachymbyd estate, Denbighshire, which once belonged to their shared paternal grandfather. According to the Chancery records, their grandfather wrongfully disinherited William’s father. The Lord Chancellor judged five out of six points in William’s favour. However, the estate archives demonstrate that William’s father had no lawful claim to Bachymbyd and William built his suit on forgeries and half-truths. In a case where a daughter inherited an estate from a younger son, William manipulated the contemporary social norms of gender and primogeniture. The suit provides a unique opportunity to understand how credibility was constructed in the seventeenth century. This article suggests that credibility depended on social norms and played a larger role in the law, and perhaps wider society, than evidence-based truth.