Cesare Beccaria’s On Crimes and Punishments: the meaning and genesis of a jurispolitical pamphlet

At the heart of the criminal reform proposed in Cesare Beccaria’s 1764 Dei delitti e delle pene (On Crimes and Punishments) are the principles of penal parsimony derived from a precise interpretation of the social contract. Punishment, being no more than a necessary evil devoid of any intrinsic virtue, must serve no more than a preventative function to the smallest possible extent; its application strictly bound by the principle of legality. Beccaria’s criminal philosophy, therefore, attempts to drastically reduce the power of the penal institution. After recounting its principal aspects, this article seeks to propose a new interpretation of Beccaria’s theory from the perspective of its historical context. The Italian Enlightenment philosopher did not so much express indignation against the barbarism of the Milanese penal system, but rather instigate a rebellion against the political dominance of its patriciate, whose power had long been validated by its juridical functions. In this respect, Beccaria sought to combat the political hegemony of the jurists, concluding his treatise by excluding juridical thought from, and thus removing the intellectual foundations of, the practice of criminal law.     

Sustainable management of metallurgical forest on Mont Lozère (France) during the Early Middle Ages

Mont Lozère, located in the French Massif Central region, provides an exceptional context in which to research the impact that charcoal production and metallurgy had on woodlands, along with the role that these activities played in changing the mountain landscape. This study provides an insight into the land use, forest management methods and metallurgical practices in the area during the Middle Ages (11th to 15th centuries). Medieval charcoal burning platforms, archaeological remains that have often been neglected in the past as a source of historical information, along with nearby smelting sites, were identified, sampled and analysed. In this paper, spatial analyses, radiocarbon dating and anthracological and dendro-anthracological studies have been combined in a unique manner. The results reveal that charcoal burners practiced beech coppicing, where the species and diameter of wood used remained the same over a period of four centuries. It is proposed that this form of metallurgical forest management be considered an early example of a sustainable utilisation of natural resources.     

The ‘invisible’ hearths: a contribution to the discernment of Mesolithic non-structured surface hearths

In the cover sand area of the NW European plain very little is known about fireplaces within Mesolithic settlement areas. Yet the frequent occurrence of burnt ecofacts (hazelnut shells and bone) and artefacts (flint and quartzite) clearly indicates the presence of (surface) hearths on nearly every campsite. Most of these hearths are non-structured and are thus barely visible in the soil. Furthermore in most spatial studies minimal effort has been made to locate these ‘invisible’ hearths as accurately as possible. This paper discusses the potential and modalities of detailed spatial analysis of burnt artefacts and ecofacts, using recently obtained archaeological and experimental evidences. It is concluded that such an analysis can offer interesting insights into the dynamics of Mesolithic hearths.     

Territorial Cohesion of Tomorrow: A Path to Cooperation or Competition?

Explicit reference was made to “Territorial Cohesion” in the draft Constitution for Europe. The concept has recently been celebrated by many stakeholders of territorial development policies, including the European community of planners. Territorial Cohesion does not seem to have received any official definition, but it is clearly meant to aim at some sort of “spatial justice” while promoting integration between EU sector policies that have a territorial impact. Seemingly a consensual principle: who in Europe would object to a better coherence between various EU policies and the provision of reasonably equal standards of living to all EU citizens, regardless of their area of settlement? Yet a close examination of the current political debate suggests that very divergent views are being expressed as to what Territorial Cohesion exactly entails in practical terms. Two main different policy approaches seem to emerge in this debate. The first approach tends to equate Territorial Cohesion to a range of positive discrimination steps in favour of various penalised areas. Interest groups, in particular lobbies for specific regions, have proved influential in propagating this conception. In the area of regional policy, this approach embodies the neo-corporatist, depoliticised line of the contemporary political culture. It is primarily inspired by financial considerations and a competitive zero-sum game scenario: regions of a specific category should increase their share of the EU funding at the expense of the others. The opposite approach places much more emphasis on the need for integrated territorial planning strategies and the integration of EU policies. Its proponents are the heirs of the post-war urban and regional planning tradition. They strive to revive the politicised and rationalist ideology of the Enlightenment, based on the notion of public interest. They raise awareness about the steadily growing interdependence between regions and cities of Europe and advocate a cooperative approach focusing on issues of transnational relevance and win-win situations. This rather idealistic cooperative approach seems to be less influential than its rival, and currently confined to a relatively small group of planning professionals. The question remains: which of the two models—interregional competition or cooperation—will finally succeed in shaping the EU cohesion policy?     

Reviews

Buzkashi: Game and Power in Afghanistan , G. Whitney Azoy, Philadelphia: University of Pennsylvania Press, 1982. 147pp.

The Lion and the Gazelle: The Mammals and Birds of Iran , P. N. Humphreys and E. Kahrom, Nr. Abergavenny: Comma International Biological Systems, 1995, 224 pp., hardcover, £ 28.00

Le combat du colombophile. Jeu aux pigeons et stigmatisation sociale (Kashâ yâ nabard‐e kabutarbâz) , Aladin Goushegir, Tehran: Institut français des études iraniennes, 1997, Bibliothèque Iranienne, No. 47, Tehran, 168 p.

“Die Sportlichen Qualifikationen der altiranischesn Fürsten” Stadion 2 (1976), Wolfgang Knauth

Tarikh‐i Kushti‐yi Iran , Mahdi‘Abbasi, Tehran: Intisharat‐i Majid, 1377/1998, 2nd ed., Nashr‐i Sipas. Four volumes, 555, 458, 525, 532 pp., index and illustrations.

The Ball and Polo Stick or The Book of Ecstasy, Gūy va chawgan ya Halnama , ‘Arifi. A parallel Persian‐English text edited and translated with an introduction by Wheeler M. Thackston, Jr. and Hossein Ziai, Costa Mesa, CA: Mazda, 1999, xiii, 27 [=54] pp., notes pp. 29–33, ISBN 1–56859–090–3.     

The Holocene Archaeological Sequence of Shum Laka Rock Shelter (Grassfields, Western Cameroon)

Until recently the Grassfields (western Cameroon), cradle of the Bantu languages, were an unknown zone from the archaeological point of view. The excavations of Shum Laka rock shelter by de Maret and his team brought the most complete sequence in West Africa, spanning the Late Pleistocene and the Holocene. After 20 millennia of microlithic tradition (Late Stone Age), a new culture, with macrolithic tools, polishing and pottery (Stone to Metal Age), slowly developed ca. 7000 B.P. onwards. From this early period on, forest hunting was associated with the exploitation of Canarium schweinfurthii. Around 4000 B.P., an industry with waisted axes, blades, and pottery had emerged. With a striking technological continuity, this culture survived throughout the Iron Age. Increasing importance and diversity of trees exploited through the Stone to Metal Age and the Iron Age suggests arboriculture. Regional comparisons show that, between 5000 and 2500 B.P., an original culture developed in the Grassfields and the Cross River basin.Jusqu'à récemment, les Grassfields (Cameroun occidental), berceau des langues bantoues, étaient inconnus d'un point de vue archéologique. Les fouilles de l'abri de Shum Laka par de Maret et son équipe permirent d'établir la plus complète séquence d'Afrique occidentale, embrassant la fin du Pléistocène et l'Holocène. Après 20,000 millénaires de traditions microlithiques (Age de la Pierre Récent), une nouvelle culture, caractérisée par l'apparition d'outils macrolithiques, de polissage et de poterie (Age de la Pierre au Métal), se développe lentement à partir de 7000 B.P. Dès le début, la chasse en forêt est associée à l'exploitation de Canarium schweinfurthii. Vers 4000 B.P. une industrie avec haches à gorge, lames et poterie a émergé. Dans une continuité technologique surprenante, cette culture survivra à l'Age du Fer. L'arboriculture est suggérée par l'importance et la diversification des arbres exploités durant l'Age de la Pierre au Métal et l'Age du Fer. Des comparaisons régionales montrent que, entre 5000 et 2500 B.P., une culture originale se développe dans les Grassfields et le bassin de la Cross River.     

Gender and environmental struggles: voices from Adivasi Garo community in Bangladesh

Based on an ethnographic field investigation conducted on the matrilineal–matrilocal Garo community of Bangladesh, this article provides a historical account of local environmental struggles to draw attention to the interconnections between gender, environment and sustainable resource management. From a feminist political ecology perspective, the article argues that interacting with traditional culture, forest ecology and changing processes of centric resource governance, gender remains a salient variable in environmental issues. Local contexts of gender dynamics help configuring local people's mode of participation in environmental struggles as well as being the consequence of those struggles. Findings suggest that Garo women and men have sustained gender specific roles and interests through their struggles to ensure control over forest lands and tree resources. Furthermore, they have developed a class-based relationship with forest ecology which must be acknowledged in forest policies.     

Harmony and Melody in Discourse on European Cohesion

From a corpus constituted by the five Cohesion Reports written by the European Commission, the article, using the methods of textual analysis, highlights the production of a European discourse on the territories participating to a process of institutionalization. Thus, starting from various authors analyses who validate the idea of institutionalization, the authors propose here to further explore this idea, using a method based on a lexical analysis software. The aim is then, on the one hand, to assess the extent to which the discourse of the Commission has elements of stability to justify the idea of institutionalization or, in the other hand, the elements of change over time that could compromise the very idea of institutionalization. The authors present the following results: the Commission discourse has important features of stability. Nevertheless, beyond this finding, there are changes at work. Their expression is rendered possible by the polysemy of the notions mobilized, and they are driven partly by a “rational” representation, but above all by the interplay of the succession of tensions and mind-shaping contexts in the construction of Europe.