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1.
This article pays special attention to the large number of references to political theology by Hans Kelsen and Carl Schmitt, particularly in the interwar period, and seeks to interpret these references in a new way. While Schmitt's analogies between God and state are to be expected considering his strong Catholic roots, such comparisons are much more surprising for a positivist like Hans Kelsen, who always tried to relieve state and law from transcendental elements. The article concludes that, far from being marginal in the doctrinal dispute between Schmitt and Kelsen, references to political theology express and summarize their major controversy about the relation between state and law, as well as about the sources of the state's unity. The heart of the disputatio between the two jurists concerned the ability of the political power to emancipate itself from the juridical order. The ‘legal miracle’—in this context meaning the occasional autonomization of the state from law—was for Schmitt the manifestation of sovereign power. However, for Kelsen it represented the negation of the state's essence, whose actions must be determined only by the legal order.  相似文献   

2.
There were three kinds of financial transactions involving rights of land during the Qing Dynasty: debt financing through rights of land, the direct transferring of the rights of land, and the transaction of shares. This article attempts to clarify the confusion between several types of debt financing through rights of land. Ya 押 was loan through land as guaranty and repaying the interest and capital by the rent of land or harvest. Dian 典 was loan through temporary transferring of usage rights and harvest in a certain period of time. Dang 当 referred to various types of loans which involved the rights of land. Di 抵 meant using a certain portion of land right as repayment of debt. Similar with modern financial methods, these financial transactions in the Qing Dynasty allowed peasants to preserve their possessive rights over the land and also satisfied their financial needs. The direct transactions of rights of land and repayment of debt by harvest included juemai 绝卖 (finalized sale of land), huomai 活卖 (not finalized sale of land), dianquan dingtui 佃权顶退 (sell or purchase tenancy), zhaojia 找价 (price add-on after transaction), and huishu 回赎 (redemption). The main purpose of these transactions was to protect the land proprietors as far as possible. Share transaction and co-tenancy of land also appeared in the Qing Dynasty. Such diverse financial transactions not only were substitutes of modern financing tools which allowed peasants to weather financial hardship, but also promoted the changing ownership of land which further encouraged the combination of different production elements and reallocation of resources in the land market. This paper is the research result of the National Philosophy and Social Science Fund Project “Market of land rights and the evolution of its system, 1650–1950.”  相似文献   

3.
No doctrine of Pufendorf's is better known than that of socialitas. The reason is that Pufendorf himself declared that socialitas was the foundation of natural law. No interpreter of Pufendorf can therefore avoid dealing with it. Moreover, Pufendorf linked the issue of socialitas to the question of the state of nature, thus raising important issues with both theological and philosophical implications.

Given the prominence and importance of this theme in Pufendorf's work, a close analysis of what he meant by it is central to the interpretation of his work, even though this means to pose again a new number of questions already discussed in the scholarly literature. In particular, this article examines the relationship between Pufendorf and Hobbes with regard to this central theme. In fact, a traditional historiographic topos is that Pufendorf and Hobbes fundamentally disagree on the doctrine of socialitas, while the former is closer to Grotius and to the Aristotelian-classic tradition that see man as a social animal.

This article takes, instead, Pufendorf to be a follower of Hobbes, and tries to explain how the more traditional view of Pufendorf as a critic of Hobbes was in some way due to Pufendorf's own attempt to distance himself from the accusations of Hobbesism (and hence of atheism and moral indifference) that the critics made against him when his work first appeared. In order to do this, Pufendorf tried to rethink his own position within the history of ethics, and put himself on the side of the Stoics, of Grotius and of Cumberland, against Epicurus and Hobbes. This retrospective ‘illusion’ has greatly influenced later scholarship, giving us a distorted image of Pufendorf's own view of socialitas. A more precise account of the latter gives a better prospective from which to look at the relationship between Pufendorf and Hobbes.  相似文献   

4.
General language interpreters of Lima's High Court of Appeal (Audiencia) played a significant part in gaining access to the Spanish system of justice for the indigenous populations of Peru. These interpreters worked as translators in lawsuits, notarial transactions, and other legal and administrative procedures conducted or supervised by the viceroy, the justices of the Audiencia, the public defender of the Indians, and other officials stationed at the viceregal court. But they also served as legal agents and solicitors for native leaders and communities litigating in Lima or aspiring to take their cases to the Supreme Council of the Indies in Spain. Through formal and informal dealings, these interpreters brokered between the king and his native subjects, thus connecting indigenous groups with the Habsburg royal court. The careers of these official translators illustrate the crucial roles played by indigenous subjects in the formation of what can be termed the ‘Spanish legal Atlantic,’ an organic network of litigants, judges, lawyers, attorneys, and documents bridging courtrooms on both shores of the ocean.  相似文献   

5.
This article explores the questions and intrigue arising from the appearance of the Russian ship Shilka at the port of Seattle in December 1917. The first Russian vessel to reach American shores since the Bolshevik seizure of power, the Shilka raised both local and national fears of collusion between Soviet agitators and domestic radicals, especially the militant Industrial Workers of the World (IWW). The article challenges the conclusions of an earlier article which argued against any substantive contact or understanding between the Russian seamen and locals. Relying on the memoirs of a Bolshevik crew member, the recollections of Seattle radicals and the reports of US Bureau of Investigation and Naval Intelligence agents, this article instead demonstrates the genuine presence of Bolshevik agitators and propaganda aboard the Shilka and their secret interaction with IWW activists. It also reveals a leak on the Russian end, a leak that both stimulated and perplexed American investigators.  相似文献   

6.
《Political Theology》2013,14(5):421-441
Abstract

This essay attempts to study Augustines political thought in The City of God De Civitate Dei. It will demonstrate that the notion of pilgrimage is essential for understanding the political thought that Augustine develops in The City of God. To support the thesis, I will explore what role the theme of pilgrimage plays in Augustines formulation of anthropology, ecclesiology, and political thought in The City of God. Augustines ideas of pilgrimage stem from his pilgrim eschatology, which regulates the entire political aspect of the Christians life. Augustine does not lay any neutral realm between the city of God and the earthly city. The political work of pilgrims of the city of God for the citizens of the earthly city is associated with evangelism persuasion to love God, peace the mutual aim of the two cities, justice which starts from true worship, and prayer which is intending toward the final perfection.  相似文献   

7.
This essay explores the curious absence of Middle Ages from the history of anthropological thought. An investigation of disciplinary histories reveals while anthropology's intellectual origins are often traced to early modernity or classical antiquity, the existence of authentic anthropological inquiry in medieval Europe has been either disregarded or explicitly denied. This historical lacuna is the product of an unexamined temporal logic that presupposes an epistemological rupture between the medieval and modern worlds. This essay challenges several historical myths that have underwritten the erasure of the discipline's medieval legacies, and then outlines the necessity of reintegrating the Middle Ages in anthropology's intellectual genealogy not only for enriching our understanding of pre-professional anthropology, but also for constructing a more holistic and inclusive understanding of the anthropological project.  相似文献   

8.
This paper examines John M. Keynes’s relationship with Gustav Cassel and Eli Hecksher and puts together the events related to his being awarded the 1939 Söderström Gold Medal by The Royal Swedish Academy of Sciences. The correspondence between these economists during the interwar years is detailed, with emphasis on their personal approaches to economic theory and history. Cassel’s and Heckscher’s critical reviews of Keynes’s General Theory are outlined as well. Lastly, an account is provided of the grounds for conferring the award on Keynes while also drawing attention to the conflict-laden proceedings within the Academy when the issue was under consideration by the institution. The final remarks ponder why Keynes received the prize despite the controversy among Swedish economists over the General Theory at the time.  相似文献   

9.
A parsimony analysis of the Narmada cranium from central India and a number of other demes and species of Homo concludes that the Narmada hominin shares a closer relationship with the European Steinheim specimen, than with Asian H. erectus or H. pekinensis. This suggests that the population represented by the Narmada cranium is likely to have had its origins in Europe rather than in Asia. Overall the available evidence supports an ‘Out of Africa’ scenario, as the early Asian hominins belong to a distinct clade which has no extant descendants and thus appear to represent an evolutionary ‘dead end’. The later African and European hominins are defined by a clade including early H. sapiens from Africa. The main difference between these two distinct clades is that the H. erectus lineage is defined by increasing degrees of neuro‐orbital disjunction associated with increased anterior cranial base extension, while the lineage leading to early H. sapiens is characterized by the opposite condition of reduced neuro‐orbital disjunction associated with increased anterior cranial base flexion. While there is also evidence of differential patterns of head and neck musculature between these two clades, they are of secondary importance. Preliminary dating of bovid remains found in association with the hominin cranium by the gamma spectrometric U‐series dating technique suggests a tentative minimum age of not less than 236,000 years. This is in agreement with evidence from biostratigraphical studies of the Boulder Conglomerate, which place these deposits in the Middle Pleistocene. Copyright © 2004 John Wiley & Sons, Ltd.  相似文献   

10.
In 1210, thanks to increased contacts between Jewish communities in western Europe and in the eastern Mediterranean in the wake of the crusades, Jonathan ha-Kohen, head of the yeshivah of Lunel and leading Jewish Provençal sage of his time, set sail for Alexandria, from where he proceeded on a pilgrimage to Jerusalem. A year later, a group of sages from northern France and England arrived in Marseille, en route to Palestine. A number of scholars have investigated the messianic aspects of this second wave of immigration, called the “‘ aliyah of the three hundred rabbis”. This article, however, seeks to examine the messianic aspects of the earlier journey, undertaken by Jonathan ha-Kohen and his followers, within their local Provençal context.  相似文献   

11.
In ancient China, filial piety occupied a crucial position. The highest yi 義 (righteousness) is respect for ancestors, and the ultimate ren 仁 (benevolence) is to make parents illustrious. These were universally accepted moral values. Consequently, the fengzeng 封贈 (enfeoffments and posthumous honours), a system that gives honourific titles to officials, their ancestors and other family members, has played a significant role. In spite of its tremendous importance in ancient Chinese history, the system has been studied very little. This article conducts an in-depth examination of the concept of fengzeng by focusing on the following three questions: from whence does the system originate, and when did it begin? How can we differentiate feng from zeng? And, finally, what normative principles does the system represent?  相似文献   

12.
This paper considers the reputation of William Morris's News From Nowhere and its evaluation as a utopia. It argues that there is a discrepancy between scholarly estimations of the book's importance and its treatment as a utopia relevant to socialism. Whilst scholars have for many years almost unanimously praised News From Nowhere as Morris's crowning achievement, most have also attempted to argue that Morris did not intend his work to be used as a serious model for socialism. After reviewing some of the secondary literature and distinguishing between a variety of different interpretations of Morris's work, I suggest that the relevance of News From Nowhere might be assessed by the standards which Morris applied to Thomas More's Utopia. Considering Morris's work in this framework of utopianism, I argue that the relevance of Morris's utopia lies in what Norman Geras has called its “maximum” vision.  相似文献   

13.
An American specialist on Russia's health and demographic situation calculates the economic burden of morbidity, disability, and premature death on the country's economy in 2003, applying a cost-of-illness model commonly used in Western settings. The paper disaggregates direct costs (spending specifically on health care) and indirect costs (productivity lost due to illness and death, measured in terms of lost wages), and distinguishes between current-year versus out-year losses and the costs incurred due to different categories of illness. The paper first analyzes the situation for Russia as a whole before briefly exploring regional variations in elements of cost of illness. Journal of Economic Literature, Classification Numbers: I12, I18, J28, O15. 10 figures, 6 tables, 46 references.  相似文献   

14.
MARTIN KITCHEN. A World in Flames: A Short History of the Second World War in Europe and Asia, 1939–1945. London and New York: Longman, 1990. Pp. xii, 377. $24.95 (CAN);

R.A.C. PARKER. Struggle for Survival: The History of the Second World War. Oxford: Oxford University Press, 1990. Pp. xii, 328. £5.95;

H.P. WiLLMOTT. The Great Crusade: A New Complete History of the Second World War. New York: Free Press (Macmillan), 1989. Pp. xii, 500. $24.95 (us);

JOHN KEEGAN. The Second World War. Sydney: Hutchinson, 1989. Pp. vii, 608. Aus $39.95;

JOHN ELLIS. Brute Force: Allied Strategy and Tactics in the Second World War. London: André Deutsch, 1990. Pp. xxii, 643. £19.95;

ALAN F. WILT. War from the Top: German and British Military Decision Making during World War II. Bloomington and Indianapolis: Indiana University Press, 1990. Pp. x, 390. $35.00 (us).  相似文献   

15.
This paper explores the sociospatial dynamics unfolding in Perry, a rural Iowa town that has been facing rapid change since the 1990s due to growing Latin@ settlement. We focus on what we call the social production of Latin@ visibilities and invisibilities: spatialized practices by individuals, families, communities, and institutions that render different Latin@ groups visible or invisible, with repercussions for survival, community integration, and political praxis. We discuss the border within as an extension of border politics and borderlands rhetorics to the US “heartland”, and how the entrenchment of a regime of deportability creates racialized and gendered conditions for the in/visibility of Latin@ immigrants and Latin@s more broadly. We conclude by considering some of the theoretical and political implications of our analysis for such geographies of power and the social relations, locations, and discourses that constitute and are constituted by them.  相似文献   

16.
Iranian modernity has chiefly been examined in the context of a dialectical antagonism between “traditionalists” and “modernists”—main categories comprised of related sub-headings such as “Islamist” versus “secular,” “reactionary” versus “revolutionary,” and “regressive” versus “progressive.” Following this approach, Iranian adaptations of modernity have often been (de)historicized as a theater of national “awakening” resulting from the toils of secular intellectuals in overcoming the obstinate resistance of traditional reactionaries, a confrontation between two purportedly well-defined and mutually exclusive camps. Such reductionist dialectics has generally overwritten the dialogic narrative of Iranian modernity, a conflicted dialogue misrepresented as a conflicting dialectic. It has also silenced an important feature of Iranian modernity: the universally acknowledged premise of the simultaneity and commensurability of tradition with modernity. The monazereh (disputation or debate) is the account of the interaction between rival discourses that engaged in opposing, informing, and appropriating each other in the process of adapting modernity. Narrativizing the history of Iranian modernity as the conflict between mutually exclusive binaries overlooks its hyphenated, liminal11 The notion of liminality has been theorized in different capacities. The anthropologist Victor Turner first used the idea of liminality in his study of tribal and religious rituals during which an initiate experiences a liminal stage when he belongs neither to the old order nor yet accepted into his new designation. Victor Turner, The Ritual Process: Structure and Anti-structure (Chicago, IL: Aldine, 1969). Turner’s insight has been expanded to investigate the general question of status in society. See, for example, Caroline Walker Bynam, Fragmentation and Redemption (New York: Zone Books, 1992), 27–51. Bynam applies Turner’s notion of liminality to the lives of Medieval female saints, arguing that Turner’s liminal passage applies more readily to the male initiate but does not in most cases reflect the experience of female initiates in Medieval times. Jungian psychology has shifted the focus from liminality as a stage in social movement to a step in an individual’s progress in the process of individuation. Jeffrey Miller, The Transcendent Function (New York: State University of New York Press, 2004), 104. See also: Peter Homans, Jung in Context: Modernity and the Making of a Psychology (Chicago, IL: University of Chicago Press, 1979). Others have used liminality to describe cultural and political change, have prescribed its application to historical analysis, or have made reference to “permanent liminality” to describe the condition in which a society is frozen in the final stage of a ritual passage. Respectively, Agnes Horvath, Bjorn Thomassen, and Harald Wydra, “Introduction: Liminality and Cultures of Change.” International Political Anthropology (2009); Agnes Horvath, Modernism and Charisma (Basingstoke: Palgrave, Macmillan, 2013); and Szakolczai, Reflexive Historical Sociology (New York: Routledge, 2000), 23. Finally, the notion of liminality has been applied to the analysis of mimetic behaviour and to the emergence of tricksters as charismatic leaders, given the association of the figure of the trickster with imitation. Respectively, Agnes Horvarth, Modernism and Charisma (Basingstoke: Palgrave, Macmillan, 2013), 55; and Arpad Szakolczai, Reflexive Historical Sociology (New York: Routledge, 2000), 155. This latter sense seems to apply to the history of Iranian modernity, for the anxiety of imitation was indeed one of its central concerns, and influential figures such as Mirza Malkum Khan (1833–1908) were sometimes perceived (though this was not universally the case) as saviours or tricksters alternatively by different people. On this issue, Fereydun Adamiyat notes how different people had different views of Malkum. The “despotic prince Zill al-Sultan” considered him to be of equal status to Plato and Aristotle. Aqa Ibrahim Badayi’ Nigar thought he was devoid of “the fineries of knowledge and literature (latīfah-i dānish va adab). Minister of Sciences and chief minister Mukhbirul Saltanah Hidayat thought “whatever Malkum wrote has been said in other ways in [Sa’di’s] Gulistan and Bustan.” Fekr-e Azadi (Tehran: Sukhan, 1340/1961), 99. Mehdi Quli Khan Hedayat’s view of Malkum Khan was summed up in these words: “This Malkum knew some things in magic and trickstery and finally did some dishonorable things and gave the dar al-fonun a bad reputation,” Khaterat va Khatarat (Tehran: Zavvar, 1389/2010), 58. Having said that, my use of the notion of liminality, though informed by the theoretical perspectives cited above, diverges from them in one important aspect: liminality as perceived by contemporary theory seems to be based on a pre-/post- understanding of non-liminal statuses accompanied by a desire on the part of the subject to emerge from the liminal state. This approach does not explain liminality as a site for the synthesis of coexisting identities. The munāzirah is precisely the account of such a process. In the context of Iranian modernity, the discourse of tradition was not perceived as prior to the discourse of modernity, as we shall amply see. In fact, European civilizational progress was deemed to have resulted from the successful implementation of Islamic principles. Therefore, while the history of Iranian modernity can still be analyzed as a liminal stage where a weakened old order meets the promise of a new order, it must be understood in terms of the encounter of simultaneous and parallel discourses. It is in this sense that liminality is employed in this study.View all notes identity—a narrative of adaptation rather than wholesale adoption, of heterogeneity rather than homogeneity, of dialogues rather than dialectics. The monazereh is the account of modern Iranian histories.  相似文献   

17.
《东方研究杂志》2013,61(1):32-78
Abstract

This article investigates the thought of the mid-Tang scholar monk Shenqing through an examination of his Beishan lu. In this work, Shenqing launched a fervent attack against Southern Chan, while pressing for the harmonization of the Three Teachings. His critique of Southern Chan reflects his Theravadin tendency, as he expressed negative views about Southern Chan's violation of traditional Buddhist teachings. He specifically attacked its de-emphasis on the vinaya, and the fabrication of the 28-Patriarchs theory of transmission. In an effort to establish the orthodoxy of Southern Chan in early Northern Song, Chan clerics found it necessary to respond to Shenqing's critique, as clearly reflected in the writings of the monk Qisong. Beishan lu is a valuable source for a study of Shenqing's thought, and the unfolding of the harmonization of the Three Teachings. It also allows us to trace the historical unfolding of the Southern Chan movement from a different perspective.  相似文献   

18.
One of the central reasons for the disintegration of royal authority (sometimes called ‘the Anarchy’) during the reign of King Stephen of England is generally thought to have been his troubled relationship with the English church. The king was summoned to appear before the legate in England, Henry of Blois, bishop of Winchester (who was also Stephen's brother), at a church council called for Winchester on 29 August 1139, in order to show cause for his conduct in arresting several prominent bishops and in confiscating their property. Several major chroniclers discuss the events leading up to and occurring at the council of Winchester, especially William of Malmesbury in his Historia novella and the anonymous Gesta Stephani. The versions of events contained in these sources are not entirely consistent. The present paper examines yet another recounting of the events of the council, seldom appreciated by historians of twelfth-century England, presented in the Vita of Christina of Markyate (c.1096/98–c.1155/66), composed by an anonymous monk of St Albans between 1140 and 1146. Christina was close to the abbot of St Albans, Geoffrey de Gorham, who was probably the patron of the Vita and who quite likely attended the Winchester council and apparently became involved in its aftermath. These events are recorded in some detail in the Vita, presenting us with a vivid recounting of the council and the immediate consequences thereof. The narrative of the Vita contains a somewhat different picture of the personalities and occurrences surrounding the Winchester council than we encounter in the chronicles. The current essay compares the Vita to the standard accounts. We argue that the Vita may be the earliest and possibly most reliable source for the events of the council. Moreover, if we privilege the report of the Vita, the council becomes an especially significant moment in the breakdown of relations between Stephen and the English church.  相似文献   

19.
In this article, the author suggests that anthropologists use the creative power of ‘the between’, an imaginative space of invention, as one way to heal the wounds of contemporary social life. His model for such practice is the sohanci, the sorcerer among the Songhay people of Niger in West Africa. The sohanci is a liminal figure who is always between the village and the bush, between health and illness, between life and death, a vantage that makes him or her a spiritual guardian, a person who dares to use the power of the between to transform social turbulence into social harmony. Like the sohanci, anthropologists have long experience of being between things, and as such, the author argues, they can use the insights derived from their experiences between things to chart paths that lead us to innovation, invention and a future of greater social harmony and social justice. What could be more important for the future of anthropology? What could be more important for the future of us all?  相似文献   

20.
Two stories are told simultaneously: one that may have been, and one that yet might be. The story of the voyage that might have been is based on archaeological evidence provided by the earliest shipwreck discovered in the New World. These two stories are set in different eras to demonstrate certain constants in the human drive to explore the unknown, in the methods used, and in the consequences encountered.  相似文献   

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