Mens rea,the Achilles’ Heel of Criminal Law

Abstract

The evolution of criminal law in Western legal systems is often portrayed as a path leading from objective to subjective notions of criminal responsibility. By examining the historical development of the notions of subjective responsibility, this article suggests that the function of a wrongdoer’s subjective mental state, in both its substantive and procedural aspect, as an element in the process of attributing criminal responsibility, remains much the same today as it was in antiquity. This is indicated by what subjectivity, as an essential condition of culpability (actus non facit reum nisi mens sit rea), is said to imply: the distinction between intentional and unintentional acts. Although the notions of intent and malice aforethought are attested to in various sources on ancient Athenian law, there are several kinds of cases in which the role played by these aspects—traditionally referred to as mens rea (“guilty mind”)—remain unsolved in contemporary jurisprudence and legal practice. Yet despite the difficulties of establishing facts in particularly complex criminal cases, setting the boundary between “intentional” and “unintentional” remains crucially important in determining criminal responsibility and thus in distinguishing the “licit” from the “illicit,” which is the very foundation of the rule of law.     

A graph-based analysis for generating geographical context from a historical cadastre in Spain (17th and 18th centuries)

Abstract

The cabreves are notarial documents prepared between the 13th and 19th centuries in the Catalan and Valencian regions of Spain. These historical records were published before the first cadastral maps and contain geographical information that could help spatially reconstruct historical landscapes. However, these documents have not been used to their full potential mainly because of their semi-structured and complex nature. In this article, we propose a new graph-based interactive methodology for partially reconstructing historical landscapes. We have successfully applied this methodology for reconstructing the historical landscape of the Barony of Sella in the 18th century and the methodology has also helped us locate “El Poblet,” a previously unknown archeological site abandoned after the expulsion of the Moriscos in 1609.     

How Many Household Formation Systems Were There in Historic Europe? A View Across 256 Regions Using Partitioning Clustering Methods

Abstract

This paper reconsiders one of historical demography’s most pertinent research problems: the fiddly concept of historical household formation systems. Using a massive repository of historical census micro-data from the North Atlantic Population Project and the Mosaic project, the four markers of Hajnal’s household formation rules were operationalized for 256 regional rural populations from Catalonia in the west to central Siberia in the east, between 1700 and 1926. We then analyze these data using the Partitioning Around Medoids algorithm in order to empirically derive the “natural groups” based on the similarity and the dissimilarity of their household formation traits. Although regional differences between European household formation systems are readily identifiable, the two statistically most valid clustering solutions (k?=?2; k?=?4) provide a more complex picture of household formation regimes than Hajnal and his followers have been able to compile. Our finding that when regional populations cluster on similar household formation characteristics, they often come from both sides of Hajnal’s “imaginary line,” calls into question strict bipolar divisions of the continent. By and large, we show that the long-lived idea of two household formation systems in preindustrial Europe obscures considerable variability in historical family behavior, and therefore needs to be amended.     

Archaeology in Megalopolis: Updated Assessment

Abstract

Because of the “disturbed” nature of the terrain, archaeologists working in builtup “urban” situations frequently underestimate the possibilities for the survival of useful archaeological information. Recent experience, most of it in connection with federally-mandated historic resource surveys, has demonstrated that such disturbances are often quite superficial, and that important sites and features may exist, intact, beneath them. In fact, since all human activity disturbs the locale in which it occurs, the evidence of past construction and destruction may be the very resource that gives an area its historical and cultural importance. This paper presents examples of successful recovery of archaeological data in urban contexts in the northeastern United States, and discusses some as yet unsolved problems associated with this relatively new field of archaeological endeavor.     

The greatest deception: fiction,falsity and manifestation in Spinoza’s Metaphysical Thoughts

ABSTRACT

“The first meaning of true and false”, writes Spinoza in a neglected passage of the Metaphysical Thoughts, “seems to have had its origin in stories”. Ideas are true when they “show” us things as they are; they are false when they do not, when they are fictional. In this essay, I argue that what appears at first sight to be a simple assertion of a correspondence theory of truth in fact opens onto broad historical transformations in the nature of meaning that reshaped the very atmosphere of truth: the emergence of a new kind of fictionality, transformations in the sense of logical interpretation, and ultimately transformations in the structures and sources of the natural light, that “clarity” which constitutes for Spinoza, as for Descartes, an indispensable criterion for certainty.     

Guanhua,Guoyu, and Putonghua: Politics and “proper names” for standard language in modern China

ABSTRACT

Guanhua (official language), Guoyu (national language), and Putonghua (common language) are generally regarded as different names for the same thing in different eras, but from the perspective of cultural history, there are many subtle semantic differences between these three concepts, symbolizing how different social classes and political groups defined their particular experiences, expectations, and efforts to take action. Guoyu, which replaced Guanhua in the late Qing Dynasty, is closely bound up with the construction of modern nationalism. In the 1930s, leftist intellectuals imbued Putonghua with strong proletariat attributes and overtones of indigenous and ethnic equality, wielding it as a tool for critiques against Guoyu. Although Putonghua returned to certain key positions of Guoyu after the mid-1950s, it putatively emphasized the legacy of the leftist language movement, and represented a new political identity. Through these “proper names” for the standard language, it was possible not only to launch a political and social “revolution,” but also to smooth over the historical rifts that this engendered, by repeatedly revising the concepts of “written” and “standard” to form a linear national narrative.     

A Review of Optimal Input Methods: Fixed Field,Free Field,and the Edited Text

Abstract

With the growth in interest in collective biography as a historical technique, many predominantly qualitative historians find themselves faced with large amounts of information. These data, collected from a variety of sources, are often highly irregular, making statistical analysis extremely problematic. Current practice is to ignore these problems and proceed with quantitative analysis suitable only for much more regular data. It is argued that a more satisfactory approach is to ascertain and directly confront the difficulties of analyzing such information. The three central problems are identified as missing data, systematic bias, and the lack of a representative sample. Using a practical example, the author explores the relationship between gender, the family, and political socialization within the Communist Party of Great Britain and shows how each of the issues can be dealt with in turn. The author first distinguishes truly missing data from “negative information,” which commonly appears to be missing in historical sources. He then stratifies the data to remove systematic biases relating to the issue at hand. Finally, he divides the sample into different populations, on the basis of the sources from which individuals are known, and compares the results obtained to examine whether his conclusions appear to depend on quirks of populations contained in the sources. These ideas open a new range of sources to quantitative analysis and raise the possibility of allowing new types of evidence to count in historical inquiry.     

Planning Culture—A Concept to Explain the Evolution of Planning Policies and Processes in Europe?

Abstract

This article examines the complex relations between spatial planning and its cultural context (including the specific socio-economic patterns and related cultural norms, values, traditions and attitudes). To be able to analyze the extent to which spatial planning adapts to external pressures such as Europeanization, a “culturized planning model” with the three dimensions “planning artefacts”, “planning environment” and “societal environment” is used. It can be observed that the “harmonization” of spatial planning practices can result from external pressures such as EU regulations as well as (horizontal) collective learning processes. However, “harmonization” does not necessarily result in convergence. Adaptational pressures such as Europeanization often result in the customization of existing structures, frames and policies (“planning artefacts” and “planning environment”) but do not fundamentally change the underlying core cultural traits (“societal environment”). These cultural traits are quite resistant to change and help maintain a diversity of planning cultures and policies in Europe.     

We don’t know that we don’t know what a body can do … , or Spinoza and some social lives of sonic material

ABSTRACT

This essay is about how artists, listeners and critics claim to hear life in a sound and how this suggestive, but hazily defined, provocation connects vast cultural circuits of production, technology and capital. I argue that claims to life in a sound also belie an anachronistic return to an early modern understanding of sound as particulate matter and suggest a technoscientific discourse in which sound and data are described in terms of one another. With a close engagement with microsounds – from Gilles Deleuze to computer music specialist Curtis Roads – this essay queries what sonic particulates are presumed to be when they are mapped onto Spinoza’s corpora simplicissima but processed through analogy synthesis or digital tools. In part, this essay tries to speak to a persistent separation of sonic materiality and auditory culture, in music and sound studies in which life in a sound cannot be thought apart from how life is subject to different kinds of extractions. With a return to Spinoza’s physics, this essay also retakes the often sloganized “no one knows what a body can do” to emphasize an ethical recomposition of the text in which to “know” must be as open-ended as “body” is typically emphasized to be.     

Miroslav Volf on Living One’s Faith

Abstract

In this essay the author reflects on Miroslav Volf’s discussion, in A Public Faith, of Christianity as properly a prophetic religion. The author focuses especially on the two main malfunctions that Volf cites as accounting for the fact that the faith of individual Christians is often not prophetic, namely, what he calls “idleness of faith” and what he calls “coerciveness of faith.”     

Your Mother was a Hittite and Your Father an Amorite: Ethnicity,Judaism and Palestine's Cultural Heritage

ABSTRACT

The article argues, in continuation of previous contri-butions by the author, that “Judaism”/”Jews” are from the outset ideological and religious constructs rather than ethnic entities. As-syrian Judáa and Persian Yehud were geographical and political designations limited to the Southern highland of Palestine and it is unlikely that the extensive references to yehudim known from the Hellenistic period onwards should in all cases cover people origi-nating from that particular area. The origins of Judaism should not be sought in any invariable ethnic quality of the various populations of Palestine in antiquity but in the influence and shaping of reli-gious ideologies with the holy city of Jerusalem as a strong and cen-tral symbol.     

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.     

Dealing with Tribes and States in Ancient Palestine

This paper offers a critique on state formation theories used in the explanation of the rise of the biblical United Monarchy. The last three decades of archaeological and biblical research have shown that there is no firm evidence for speaking of a kingdom or empire of David and Solomon in ancient Palestine. Thus what is proposed here is to evaluate the archaeological record through the data provided by the ethnological record of the Middle East, keeping the biblical stories apart from this interpretation. The analysis of the dynamics and structure of Middle Eastern “tribal states” and “chiefdom societies”, including here the practice of patronage bonds, gives us important keys for understanding Palestine's societies. The historical perspective that appears then is one different from the Bible's stories and from modern ideas such as “states” and “nations”, offering us instead a better methodology for reconstructing ancient Palestine's historical past.     

William T. Cavanaugh and René Girard

Abstract

This article examines the argument of William T. Cavanaugh’s The Myth of Religious Violence in the light of the mimetic theory of the French-American cultural theorist Rene Girard. Though the two projects are significantly different I argue for their mutual compatibility. Each author is “apologetic” for the Christian revelation, though the presence of theology in “The Myth . . .” is muted or implicit, as in Walter Benjamin’s parable of the puppet and the dwarf. I argue for four areas of specific convergence between Cavanaugh and Girard, arising from a shared Augustinian, “two Cities” suspicion of the state, and their resistance to the secularising marginalisation of the Judeo-Christian tradition. The notion of martyrdom as a “dramatic” performance is a further shared dimension. Finally, I argue that the apparent divergence of their approaches, between an anthropological thesis (Girard’s) and a historical one (Cavanaugh’s) is narrowed when we consider the later work of Girard and its examination of nineteenth century dynamics of escalation in warfare in his last book Battling to the End.     

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.     

THE HUDSON'S BAY COMPANY'S ARCHIVES: A RESOURCE FOR HISTORICAL GEOGRAPHY*

In his review of progress in historical geography, Hugh Prince has observed that “the competence of historical geographers to handle source materials is no longer in doubt, but while documents may be faithful servants they are inadequate masters.” Although today, perhaps more so than at any time in the past, there is lively debate about the methodologies that might be employed in exploiting historical sources, the pivotal importance of archives in historical geographical research is no longer in question. As the major repositories of primary source materials, they are indeed the fountainheads sui generis of all historical research. Their increased use in recent years has been manifest, not only in the quantity and quality of recent research, but also in the appearance of a small, but growing, literature pointing to the opportunities for geographical research offered by discrete types of archival holdings and by certain unique collections. This essay calls attention to a particular archival collection, the Hudson's Bay Company Archives, which houses the records of a company that has been an active force throughout most of the present area of Canada for the past 300 years. Its purpose is to point to the geographical significance of this corporate record and to suggest ways in which it might be tapped by historical geographers.