Lex alterius: Using Law to Construct Confessional Boundaries

Historians and anthropologists are confronted with a persistent problem for which there is no clear solution: the conceptual tools which we use to attempt to understand cultures are themselves products of (often) the very cultures we are attempting to understand. Take “religion”. Boyarin ([2004]. “The Christian Invention of Judaism: The Theodosian Empire and the Rabbinic Refusal of Religion.” Representations 85: 21–57) has argued that the very concept of “religion” as we know it was a product of the fourth and fifth centuries, as bishops and emperors constructed Christianity as a religion (the true one, of course), and in counterdistinction constructed “Judaism” and “Hellenism” (or paganism) as “false” religions. For Boyarin, Judaism only becomes a “religion” when Christian authorities define it as one. The same could be said for the jumble of texts, beliefs and rituals that the English, upon arriving in India, lump together under the name “Hinduism”, which they turn into a religion. Building, defining and policing borders between confessional groups has been an important part of constructing identities—or visions of community—in various societies, in particular those ruled by Christians or Muslims, from the time of the fourth-century Christian Roman emperors. In this article, I examine how Christian and Muslim jurists of the fourth to eleventh centuries use law to define and police confessional boundaries, in particular how they attempt to limit interactions that could transgress or blur those boundaries: shared meals, sexual contact, syncretic practices.     

Seventeenth-century legal fictions: the case of John Perry

This essay discusses the role of narrative in the transmission of legal “truth” in the early modern period, taking as its focus the John Perry murder case of 1660. Perry, a servant, confessed to and was convicted of the murder of his missing master, William Harrison, in the village of Campden in Gloucestershire. Two years after Perry’s execution, however, Harrison reappeared, offering in explanation of his absence a lurid and incredible account of his kidnap and transport to the slave markets of Turkey. In the Perry case complex and unstable narratives, with debts to a range of literary genres, served to obscure the central question of a missing body. This narrativisation of circumstance gained further momentum once the affair began to circulate in textual form, when, I will contend, it became not only a legal story but a way of telling stories about the law. In particular, the case raises questions of methodology: where can we, as scholars, locate truth within the ambiguities of law in this period, and is that truth really of value in our consideration of early modern legal and literary texts?     

浅谈我国的不可移动文物所有权

第三次全国文物普查中要求普查者对不可移动文物的所有权进行登录,但在登录时出现了所有权认定不准确现象,由于《文物保护法》中对国有和非国有不可移动文物的不同规定,将给以后的保护工作带来不利的影响。因此,要正确把握不可移动文物的所有权,以便为国家制定相关的文物政策提供参考,为文物保护工作提供依据。     

War Pessimism in Britain and an American Peace in Early 1916

By offering a reinterpretation of an Anglo-American pact known as the House-Grey Memorandum, this article challenges prevailing views about British decision-making in 1916 in the months leading up to the Battle of the Somme. It argues that serious doubts that the war could still be won without American assistance were the defining characteristic of their deliberations. Owing to deep scepticism about the proposed offensive and severe worries about their financial resources, a majority of the key British civilian leaders were prepared to accept a compromise peace mediated by the United States. Yet these efforts failed primarily because of intrigue at the highest levels of British politics, hard-line Conservative opposition and serious diplomatic missteps by American President Woodrow Wilson. In the end, although doubting it would produce any meaningful results, the British civilian leadership allowed the Somme offensive to go forward only because of their failure to unite on another course of action to prevent it. Finally, this study significantly revises existing thinking about American diplomacy during this period by challenging prevailing notions of the practicality and rigidity demonstrated by U.S. leaders in their foreign policy.     

Dual‐Use Technology In the Context of the Non‐Proliferation Regime

Many technologies have both vital legitimate uses and potent military applications. An international regulatory regime has been devised for the purpose of monitoring the use of the most dangerous of these technologies, namely chemical, biological and nuclear weapons. Multiple examples of the use of chemical and biological weapons against members of the public, and evidence of prohibited state weapons development programs, demonstrate the vital need for a more effective enforcement regime. The authors discuss the concept and threat of dual‐use technology, the existing regulatory regime and its shortcomings, and propose enhancing this regime with powerful international judicial authorities to enable the prosecution of any state, group or individual who attempts to misuse dual‐use technology.     

The Political Style of Hubert H. Humphrey

Abstract

Political philosophy has a “curious” place in intellectual affairs. It wants to know whether philosophy has a place in the city. It also is aware that once political things have accomplished their purpose, the major issues of what-it-is-to-be-a-human-being remain. Aristotle warned that politics was not the highest science as such, but an understanding of politics that saw no place for anything but the political would end in a tyrannical exclusion of the human good from public life. Politics would claim that its definition of the good was the only definition. This exclusion meant that there was no natural or transcendent order to which man was open. The discipline of political philosophy, at its best, is open both to human and, indirectly, to divine things, as Artistotle intimated.     

The Legacy of Nineteenth-century Replicas for Object Cultural Biographies: Lessons in Duplication from 1830s Fife

The St Andrews Sarcophagus and Norrie's Law hoard are two of the most important surviving Pictish relics from early medieval Scotland. The entanglement of their later biographies is also of international significance in its own right. Soon after discovery in nineteenth-century Fife, both sets of objects were subject, in 1839, to an exceptionally precocious, documented programme of replication through the enlightened auspices of an under-appreciated antiquarian, George Buist. This well-evidenced case study highlights how and why replicas, things that are widely prevalent in Europe and beyond, are a ‘thick’ and relatively unexplored seam of archaeological material culture that we ignore at our peril. These particular replications also offer new insights into the vision, intellectual and practical energies of early antiquarian societies, and their web of connections across Britain and Ireland.     

说盘龙砚

濮阳市南乐县宋耿村东汉墓出土的盘龙砚,有"中华第一砚"之关誉.砚的主人,据考证为东武阳侯具瑗.砚上浮雕的六条盘龙,其渊源可追溯到《周易》.     

关于历史疆域归属若干理论问题的研究

本文对朝鲜、韩国学者提出的某些历史疆域归属理论进行探讨。认为“以原始先民活动范围判定疆域归属”论、“以统治阶级族属判定国家归属”论、“以现代居民的祖先族属判定国家历史疆域归属”论等历史疆域归属理论,从国际法的角度看,都是站不住脚的,也是不符合史实的。     

The Future of International Criminal Evidence in New Wars? The Evolution of the Commission for International Justice and Accountability (CIJA)

This article explores the intellectual formation of the Commission for International Justice and Accountability (CIJA). It illuminates how the development of the CIJA was an attempt by state and non-state actors to affect the course of international criminal justice in Syria and Iraq. First, this article argues that the CIJA was the result of four factors: the UK Foreign Office’s desire to support human rights activists in Syria; lessons learned from previous international criminal tribunals; attempts by non-state legal practitioners to invent new ways to overcome the gaps and limitations of the international criminal justice system; and the willingness of Syrian civil society to risk their lives and use the law to hold those responsible for mass atrocities to account. Second, the article argues that as non-state actors with a focus on evidence management, the CIJA may represent an innovative approach to investigating mass atrocities, particularly for activists and civil society actors who wish to play a role in evidence management in new wars. Lastly, it shows how the CIJA may work in parallel with international mechanisms, such as the International Criminal Court (ICC) and other inter-state actors, to collect evidence of war crimes, crimes against humanity, and genocide in new wars, particularly when the ICC is unable to do so. This study combines qualitative research with empirical analysis and draws on a range of primary and secondary sources, including a number of interviews conducted with CIJA personnel, former ICC practitioners, and other practitioners in international criminal law.