Natural Law,Poetic Justice and the Talionic Formulation

Abstract

Significant elements of natural law are reflected in the statements of corporal punishment presented in biblical law. In relation to the “eye for eye” clause from the talionic formulation, it is suggested that acts of blinding were perceived also as a form of punishment of an offending organ and can, therefore, be classified as examples of “instrumental talion.” This is distinct from measures which focus on the character of the sinner, or the nature of his crime, which are differentiated as “reflective talion.” Both processes convey an underlying desire for poetic justice, evidenced in biblical and ancient Near Eastern sources, where aetiological explanations clarify accounts of serious injuries to the eyes.     

圈地运动与英国土地法的变革

圈地运动是英国历史上长期存在的一种现象,它始终与英国法律特别是土地法的变迁紧密交织一起,呈现彼此影响的互动状态。最初的圈地是在封建土地保有制的基础上发生的,普通法不承认维兰的财产权,使领主圈地具有了合法性依据,为圈地的产生和发展创造了有利的法律环境。15世纪时,随着庄园制经济的发展,土地法发生了变化,庄园农民的土地产权趋于明晰,新的土地法成为都铎政府限制圈地运动的法律依据。17世纪以后,适应生产力发展的需要,法律又成为推动圈地运动发展的强大动力。在圈地运动的推动下,土地法自身也发生了深刻的变革,传统的小农土地产权制度迅速转变为现代资本主义大地产制。到19世纪末,社会利益备受关注,国家法律又转变为禁止私人圈地和保护公众休闲用地的手段。由此可见,圈地运动不仅是一场经济社会领域内的变革,也是法律领域内的一场变革。     

Sir Otto Niemeyer,the bankrupt state and the federal system

One of the main myths about Australian political and economic history relates to the intervention in economic policy making in the 1930s by the Bank of England through the mission of Sir Otto Niemeyer. This article argues that Niemeyer's advice was not heeded. Rather, parallels between what he demanded and the Premiers’ Plan were largely confined to the level of rhetoric as part of a strategy to regain access to the London capital market. State expenditures were reduced gradually according to local political calculations and fiscal priorities, and not in step with the timetable set by the Bank of England. Far from weakening and dividing the Australian state, the federal separation of powers led to the gradual introduction of fiscal austerity, as state governments had little option but to maintain their role in complementing capital accumulation and facilitating social legitimation.     

A Biographical Note on James Maxwell,Gentleman Usher of the Black Rod

This note seeks to clarify the course of the career of James Maxwell, gentleman usher of the black rod in several earlier Stuart parliaments. Maxwell was a Scot who followed James I south in 1603, serving in his household and that of Charles I, first as a gentleman usher daily waiter, and from 1619 as a groom of the bedchamber. In 1620 he secured the office of black rod. In 1642 he failed to follow the king to Oxford but remained with the parliament at Westminster, although largely delegating his duties as black rod to his associate, Alexander Thayne. In 1647, he was allowed by parliament to attend the king at Holdenby House. He died in 1650 as earl of Dirletoun in Scotland, although the circumstances in which he acquired this title are obscure.     

The Nature and History of the Birkat Isra'il and its Relation to the Pool 'With the Expanse of the Sea' (Sir 50: 3): Rereading Charles Warren

Abstract

The Birkat Isra'il was the largest pool in Jerusalem when it was constructed. Yet when it is studied, it is often done in connection with the extent of the Temple Platform rather than for its own sake. Charles Warren studied the pool in considerable detail yet several aspects of it remain unexplained, particularly its location within the es-Sahireh valley. Data provided by Warren suggest that the Herodian form of the pool is a secondary construction and that a previous pool had been situated directly over the lowest point of the valley and that this is the pool 'with the expanse of the sea' (Sir 50: 3) built by Simon II.     

斯坦因与吉尔吉特写本--纪念吉尔吉特写本发现七十周年

1931年吉尔吉特写本的发现是继敦煌写本发现后亚洲佛教考古史上的重要事件之一。自从吉尔吉特写本发现以来,国际学术界虽然对其内容的研究日臻完善,但对其发现、出土的过程仍缺乏足够的了解。英国考古学家斯坦因是第一个关注吉尔吉特写本的学。他在进行第四次中亚考察期间。在吉尔吉特写本出土后不久。于1931年6月16日至6月22日间逗留吉尔吉特,其间对这次发现进行了全面的调查和记录,并首次将这一发现通过报刊公之于欧洲学术界。本从亚洲考古学史的角度出发。对英国牛津大学包德利图书馆等机构藏斯坦因考古日记、书信件等原始档案资料检查一遍。将其中与吉尔吉特写本的出土发现有关的资料加以整理,按照时间顺序公布于此,旨在为吉尔吉特写本研究提供一些背景材料,主要涉及到吉尔吉特写本的出土地点、出土时间以及吉尔吉特写本在发现之初的转手经过。