从习俗到法治——试析英国法治传统形成的历史渊源

英国的法律体系经由习俗到普通法,再到议会立法三个阶段的发展,最终确立了英国的宪政体系和法治传统。在这一漫长的历史过程中,自下而上的法律渊源,诺曼贵族的法制努力,以及英国社会经济力量的变化和各阶层的抗争,都对英国法治传统的形成产生了巨大的影响。     

从蒙古法看清代法律多元性

法律多元性研究目前在西方法学界越来越受到关注.这些学者的研究工作揭露了土著社会群体在国家所发布的法律外展开的保持法律自治权的策略[1].法律多元论是否适合描述清朝法制?这是一个值得讨论的问题,尤其当我们谈到对边疆民族法的时候[2].事实是清朝扩大了国家的版图并巩固了对一些少数民族的统治.     

Holocaust Archaeology: Archaeological Approaches to Landscapes of Nazi Genocide and Persecution

Abstract

Debate concerning the events of the Holocaust is well embedded in the historical discourse and, thus, clearly defined narratives of this period exist. However, in most European countries the Holocaust has only recently begun to be considered in terms of its surviving archaeological remains and landscapes, and the majority of known sites are still ill-defined and only partially understood from both spatial structural points of view. Additionally, thousands of sites across Europe remain unmarked, whilst the locations of others have been forgotten altogether. Such a situation has arisen as a result of a number of political, social, ethical, and religious factors which, coupled with the scale of the crimes, has often inhibited systematic search. This paper details the subsequent development and application of a non-invasive archaeological methodology aimed at rectifying this situation and presents a case for the establishment of Holocaust archaeology as a sub-discipline of conflict studies. In particular, the importance of moving away from the notion that the presence of historical sources precludes the need for the collection of physical evidence is stressed, and the humanitarian, scientific, academic, and commemorative value of exploring this period is considered.     

Between Memory and Materiality: An Archaeological Approach to Studying the Nazi Concentration Camps

Abstract

By its very nature, historical narrative that is rooted exclusively in textual sources is destined to be more linear, more univocal, and less equipped to deal with the problematic. On the other hand, due to its unique abilities and approaches, historical archaeology thrives on the tensions inherent to any attempt to understand past and present experience. In this article I negotiate between two approaches to studying the concentration camps of the Third Reich—one canonical the other experimental. It is suggested that when studying the camps, we are faced with a series of tensions: between past and present, between remembering and forgetting, and between live human actors and the material record. This article explores two research paradigms: first, the traditional text-centric historical approach, and second, an approach that might be called 'historical archaeological'. I embrace the inherent tensions between the two approaches, and put forward some innovative ways for coming to terms with these places of internment.