An ineluctable minimum of natural law: François Gény, Oliver Wendell Holmes, and the limits of legal skepticism

During the first few decades of the twentieth century, legal theory on both sides of the Atlantic was characterized by a tremendous amount of skepticism toward the private law concepts of property and contract. In the United States and France, Oliver Wendell Holmes and François Gény led the charge with withering critiques of the abuse of deduction, exposing their forebears’ supposedly gapless system of private law rules for what it was, a house of cards built on the ideological foundations of laissez faire capitalism. The goal was to make the United States Constitution and the French civil code more responsive to the realities of industrialization. Unlike the other participants in this transatlantic critique, François Gény simultaneously insisted on the immutability of justice and social utility. His “ineluctable minimum of natural law” would guide judges and jurists toward the proper social ends, replacing deduction with teleology. The problem was that nearly all of Gény's contemporaries were perplexed by his conception of natural law, which lacked the substance of the natural rights tradition of the eighteenth and nineteenth centuries and the historicist impulse of the early twentieth. No one was more perplexed than Oliver Wendell Holmes, whose more thoroughgoing skepticism led him to see judicial restraint as the only solution to the abuse of deduction. The ultimate framework for this debate was World War I, in which both Holmes and Gény thought they had found vindication for their views. Events on the battlefield reaffirmed Gény's commitment to justice just as they reignited Holmes’ existential embrace of the unknown. In a sense, the limits of their skepticism would be forged in the trenches of the Great War.     

The Pillars of “Mahathir's Islam”: Mahathir Mohamad on Being-Muslim in the Modern World

Unlike his bourgeois economic nationalism or diplomatic posturing on behalf of the developing world, Mahathir Mohamad's encounter with Islam remains a largely understudied aspect of his 22-year rule of Malaysia (1981–2003). There is a marked reluctance to take seriously his pronouncements on Islam and engage with his representations of what being-Muslim should entail in the modern world. This essay takes the view that Islam, in fact, represents a significant component of the former Malaysian prime minister's political repertoire, and that an analysis of what may be described as “Mahathir's Islam” can provide a compelling alternative account of his momentous premiership. It argues that while Mahathir's engagement with Islam was fraught with contradictions and has produced a number of negative consequences that affect Malaysian society as a whole, his discourse also contained the ingredients of what Bellah and Hammond (1980) have famously described as civil religion. Mahathir's public representations of Islam – in particular, his championing of the individually responsible believer and interpretation of the message to the Prophet Muhammad as a this-worldly and pro-active “theology of progress” – can thus provide religious validation to the cosmopolitanism of the street that has helped underwrite the social peace of multi-religious Malaysia.     

Stimulated Variation and Cascades: Two Processes in the Evolution of Complex Technological Systems

Michael Schiffer’s theoretical and methodological contributions to archaeology are substantial. For the last two decades, Schiffer has become increasingly interested in the history of electrical technology, including portable radios, electric automobiles, eighteenth-century electrostatic technology, and, most recently, nineteenth-century electric light and power systems. Schiffer has long held a behavioral view, which focuses analytical attention on interactions between humans and material things, including complex technological systems (CTSs). For Schiffer, two key aspects of the evolution of CTSs are stimulated variation, defined as an increase in invention resulting from changing selective conditions, and cascading, defined as sequential spurts of invention that occur through the recognition of emergent performance problems in a CTS. To attain maximum usefulness, these concepts should be placed in a modern evolutionary framework that correctly identifies, and does not oversell, the role played by cultural selection. Research on individual and social learning provides the critical link between Schiffer’s stimulated variation and cascade models and the diffusion of CTSs.     

The morality of transnationalism: children of Ukrainian labor migrants write about migration,homeland and abroad

Ukraine has experienced a wave of labor migration after the dissolution of the Soviet Union. A large number of Ukrainian children have been directly affected as they grow up in transnational households with one or both parents working abroad. In this article, I aim to describe how Ukrainian children and youth conceptualize migration, homeland and abroad in a context of societal, economic and political change. The analysis is mainly based on a qualitative reading of 143 texts written by Ukrainian children. I argue that Ukrainian children and youth place homeland and abroad on a moral map of belonging, and that migration is conceptualized within such a framework as a morally ambiguous movement.     

Mountain recreation in the East Grampians

Extracts from the results of a year‐long study of mountain recreation in the East Grampians are briefly summarised. Visitor profiles and activity patterns are sketched, and attitudes explored. High levels of satisfaction and enjoyment were reported, but the numbers of persons present gave rise to a sense of loss of wildness on the part of a substantial minority of mountain users.