The development of the conjugal bond in late medieval Bohemia

In late medieval Bohemia the focus of the family became more and more the relationship between husband and wife at the expense of the husband's male kin group. Where the tie of loyalty to one's male lineage and its future welfare prevailed, disposals of property after death restricted a widow's rights only to her dowry. The law of the land and custom generally supported this practice. However, more and more from the fourteenth to the early sixteenth century men gave their widows greater social security and authority over their estates and children, in the process excluding their own male kin. These conclusions arise from a numerical analysis of dowry contracts and last wills and testaments in three modest sized towns in Bohemia. The analysis shows that most men ensured their widow's secure title to the family inheritance either alone or jointly with their children. It also shows that the rate of property arrangements favouring the wife increased in the course of the centuries examined.     

Carl Schmitt on land and sea

Carl Schmitt (1888-1985), one of the leading conservative legal thinkers of the Weimar Republic and Nazi Germany, is best known today for his critique of liberalism. Between the late 1930s and mid-1950s, Schmitt wrote numerous articles and two books addressing the mythical and geopolitical significance of land and sea. In recent years, these texts have begun to attract attention from historians as well as theorists. This article reconstructs the origins of Schmitt's theories about land and sea, and shows how they developed in the context of his efforts to delegitimize the British Empire and justify the persecution of Jews. It also explains how Schmitt selectively misread the history of maritime law in order to critique the ‘freedom of the seas.’ Finally, it reveals that the meaning Schmitt ascribed to ‘the opposition of the elements of land and sea’ changed dramatically to suit his political needs. For all their evocative qualities and insights, Schmitt's texts on land and sea do not constitute a coherent theory, but rather a shifting field of polemical positions in search of theoretical support.     

1932年《铁道法》形成的历史路径及其实施阻力

1932年中国历史上第一部铁路基本法——《铁道法》正式颁布。《铁道法》的诞生,既迎合了近代国人对铁路国有化的产业发展路径,也符合了铁路法制由简至繁、由缺至全的演进路径。《铁道法》是国民政府推行铁路产业政策的根本性立法,但在实施过程中受到了阻力,在不断的外耗与内耗中效力有限。     

‘It broadens your view of being Basque’: identity through history,branding, and cultural policy

The purpose of the paper is to address what is the impact of the synthesis between Basque history, branding identity and Law 8/1994 on Basque identity in the homeland and Diaspora. Naturally occurring brands combine history, anthropology, sociology, and marketing to explain the phenomenon of communities defined by a sense of place. Focusing on both the Basque Country and Basques in Boise, Idaho as one case study, the authors discuss how the naturally occurring brand and cultural policy of the Basque people became formalized 20?years ago with Law 8/1994. The article addresses who the Basques are and how they have branded themselves through language, place, industry, food, drink, and culture. Similarities to other communities are explored so that other ethnic/cultural communities can learn from this Diaspora cultural policy discussion.     

The fusion of law and ethics in cultural heritage management: The 21st century confronts archaeology

Abstract

Archaeologists around the world face complex ethical dilemmas that defy easy solutions. Ethics and law entwine, yet jurisprudence endures as the global praxis for guidance and result. Global legal norms articulate ‘legal rights’ and obligations while codes of professional conduct articulate ‘ethical rights’ and obligations. This article underscores how a rights discourse has shaped the 20th century discipline and practice of archaeology across the globe, including in the design and execution of projects like those discussed in the Journal of Field Archaeology. It illustrates how both law and ethics have been, and still are, viewed as two distinct solution-driven approaches that, even when out of sync, are the predominant frameworks that affect archaeologists in the field and more generally. While both law and ethics are influenced by social mores, public policy, and political objectives, each too often in cultural heritage debates has been considered a separate remedy. For archaeology, there remains the tendency to turn to law for a definite response when ethical solutions prove elusive.

As contemporary society becomes increasingly interconnected and the geo-political reality of the 21st century poses new threats to protecting archaeological sites and the integrity of the archaeological record during armed conflict and insurgency, law has fallen short or has lacked necessary enforcement mechanisms to address on-the-ground realities. A changing global order shaped by human rights, Indigenous heritage, legal pluralism, neo-colonialism, development, diplomacy, and emerging non-State actors directs the 21st century policies that shape laws and ethics. Archaeologists in the field today work within a nexus of domestic and international laws and regulations and must navigate increasingly complex ethical situations. Thus, a critical challenge is to realign approaches to current dilemmas facing archaeology in a way that unifies the ‘legal’ and the ‘ethical’ with a focus on human rights and principles of equity and justice. With examples from around the world, this article considers how law and ethics affect professional practice and demonstrates how engagement with law and awareness of ethics are pivotal to archaeologists in the field.     

Vattel's law of nations and just war theory

It has often been said that Vattel's treatise on the law of nations breaks with the tradition of modern natural law and just war theory. Based on a closer examination of Vattel's justification of preventive war and of his assessment of the balance of power in Europe, the paper argues that this criticism is greatly exaggerated, if not entirely misleading.     

Making Sense of Law and Disorder

This article tells the story of a cross‐cultural encounter on a beach at King George’s Sound in the south west of Australia in 1826, when Major Edmund Lockyer arrived to establish a British military garrison. The account we have of those early encounters come from the pen of Lockyer, and by taking a close reading of his journal this article attempts to reveal the meanings and context of Aboriginal actions. It also analyses how the Aborigines and the British made sense and subsequently responded to the encounter. Whilst this story is not given iconic status in Australian historiography, it is valuable in opening up a porthole into this contact zone at the moment when precarious relationships were being formed.     

外籍人才引进中的国籍之争与“中国话语”的构建

论文阐述了国籍政策调整的国际趋势;探讨了现代国籍理论的西方特性、中国国籍政策的特殊内涵等问题;并对当前关于人才引进中国籍争论的几个误区进行了分析。认为中国的单一国籍政策是强化国族认同的内在动力和客观需要;放松国籍限制只是全球化时代的趋势之一,不能忽视强化主权认同、努力消除双重国籍潜在风险的趋势;基于近代西方移民文化的国籍理论有悖于近代中国历史演进规律及国家现代化进程;本族裔外籍人才的个人权益只是国籍政策调整中的一部分依据;通过＂双重国籍＂形式主要是解决公共服务与发展机会两个方面的问题,而这完全可以通过其他形式或途径进行解决。     

从文学视角看《零售商菲化案》对华侨社会的影响——以《二十世纪五十年代商报小说选》为主的分析

论文通过对《二十世纪五十年代商报小说选》作品的分析,介绍了《零售商菲化案》产生的背景和主要内容;展示了《零售商菲化案》对菲律宾华侨零售商的冲击和在此背景下菲律宾华侨的悲惨命运,并对这段历史进行了客观理性的分析评价。一方面,菲律宾独立建国以后,为了发展经济,建设国家,必然要通过各种手段整合社会力量与有关资源。遗憾的是,菲律宾政府在经济危机面前,舍本求末,把危机转嫁在华侨身上,造成了20世纪50年代菲华社会的惶惑与动荡;另一方面,菲律宾华侨也必须经过一个转型期,才能更好地在当地生存发展。或许说,正是因为有了20世纪50年代的惶惑与动荡,才加速了菲华社会与当地社会的融合。     

从国际法论中日钓鱼岛争端及其解决前景

章认为从国际法方面看钓鱼岛的主权属于中国,日本所主张的“无主地先占”原则根本不能成立。根据联合国新海洋法和国际司法判例,钓鱼岛不应享有大陆架和专属经济区,亦不具有划界效力。中日东海大陆架的划分应遵循公平和自然延伸的原则。在和平解决争端的前景下,钓鱼岛问题面临三种可能的选择。