The necessary indeterminacy of self‐determination: Politics,law and conflict in the Horn of Africa

This article frames a themed collection on Nationalism and Self‐determination in the Horn of Africa. It demonstrates how the praxis of self‐determination in the Horn of Africa has contributed to normative developments. On the basis of case studies of Eritrea, Ethiopia, Somalia and Sudan/South Sudan this article argues that nationalism and self‐determination have had different meanings in the political cultures across the different countries and have changed over time. We contend that such indeterminacy is unavoidable and should be welcomed. Nationalism is driven by historical circumstances that are contingent and often transitory. Self‐determination claims based on such nationalism are equally contingent and transitory. When the principle of self‐determination gets translated into concrete legal entitlements (for instance, a referendum on independence), it tends to solve one problem only by creating others. Instead, the pursuit and realization of self‐determination require constant political processes.     

Polygamy and Legislation in Contemporary Iran: An Analysis of the Public Legal Discourse

The purpose of this article is to analyze the interaction between different interpretations of Islamic jurisprudence in Iran and state law. It focuses on the public legal discourse about the new Family Draft Law in 2007–08, especially Article 23 regulating polygamous marriages and removing necessity for the first wife's permission. The participants in this public legal debate, which took place on the internet and in the media, were civil society organizations, especially women's organizations, the Shiite clergy, and state representatives. The article argues that even in a non-democratic, theocratic state such as the Islamic Republic of Iran, public discourse promoted by the named actors can challenge and influence state legislation. The removal of Article 23 from the Draft confirms this argument, but in the law of 2013 the requirement for the first wife's permission is not found. By looking at the arguments brought forward in the public discourse, the article demonstrates that the arguments are mainly “Islamic,” and none refers to international human rights, as this seems to be a kind of taboo in the political discourse.     

从金石文契看清代大理地区的社会组织和经济民事法制状况

清代云南大理白族地区的社会组织和经济民事法制状况,由于史料的阙如,一直鲜为人知。本文试图利用掌握的金石文契资料进行爬梳整理,在一定程度上复原这方面的情况,同时,对与此相关的问题做进一步的剖析研究。     

论美国法形成的历史轨迹

美国法是英国普通法的美国化,它的形成始于殖民地时期,完成于19世纪70年代。其间,美国法从最初对英国普通法的排斥逐步转为对其加以吸收和改造,并最终形成了适应美国社会发展的法律形式和观念。因此,从总体上讲,美国法并未游离出普通法的框架之外,而是保留了普通法的精髓,成为普通法系的重要组成部分。     

‘Like man and wife’: clerics’ concubines in the diocese of Barcelona

Clerical concubinage was a persistent problem throughout the Middle Ages, but scholars have largely ignored the historical experience of the women involved. Parish visitation records from the early fourteenth-century diocese of Barcelona reveal a wealth of information about these women. Although their lives were in part circumscribed by an inherently gendered legal category, their day-to-day lives and interactions with other members of their communities depended on more than their legal status, and were in fact as diverse as those of women in legitimate marital unions.     

Policy Blending,Fuzzy Chronology,and Local Understandings of National Initiatives in Early 1950s China

This article proposes the concept of policy blending to improve our understanding of the densely interactive quality of political initiatives in early 1950s China. Using three cases studies, I argue that policy blending, defined as the process by which previous political experiences shaped the implementation and interpretation of those subsequent to them （sometimes in ways contrary to the government＇s intentions）, occurred frequently during this period, to the extent that people＇s understanding of the first years of Chinese Communist Party rule cannot be separated from this phenomenon. Using examples from marriage registration, the Marriage Law and the national discussion of the 1954 draft Constitution, I advance the historiographical argument that the early 1950s should not be demarcated by, or taught mainly with reference to, ＂temporally encapsulated＂ policies with clear beginnings and ends （i.e., policy ＂a＂ occurred in year ＂b,＂ followed by policy ＂c＂ in year ＂d＂）. Rather, policies seeped into each other, producing a blurry--but sometimes accurate--＂impression＂ of state power. I further suggest that the concept of policy blending can be helpful in understanding subsequent political initiatives as well.     

Maritime Raiding,International Law and the Suppression of Piracy on the South China Coast, 1842–1869

This paper explores how piracy was defined and eventually reduced in the South China seas between 1842 and 1869. In the early 1840s, a large increase in maritime raiding led British agents to complain about the unwillingness of Qing officials to suppress disorder and drove the Hong Kong administration to propose its own solutions. British metropolitan officials nonetheless rejected many of these measures, arguing that they ran counter to established international maritime laws that made the Qing responsible for policing Chinese waters. Attempts were made to write this responsibility into the treaty which followed the Arrow War in 1860, but it was changes in the Qing state in the 1850s and 1860s which led Qing officials to treat small-scale maritime raiding as seriously as that of large rebel pirate fleets. The new Imperial Maritime Customs Service created an incentive to prevent smuggling and piracy which could deter trade and hence decrease customs revenue. The case suggests, first, that the large reduction in maritime raiding rested on Sino–British compromise and, second, that Britain used international maritime laws as much to control the expansive ambitions of Hong Kong as to encourage changes in Qing practices.     

Orleanist Diplomacy and the French Colony in Uruguay

Traditional and historic relations between France and Ireland have been the object of numerous fine studies at historic, cultural, and literary levels. They have also been much celebrated. However, the darker side of Franco-Irish relations has received far less attention. The present article aims to act as a corrective and shows that between 1870 and 1970, relations between the two countries were rather distant, strained on occasion even, and that much depended on the political and strategic evolution in Europe and as well on the Catholic question. The scope of the article ranges from the Franco-Prussian War of 1870 until Ireland's negotiations to enter the European Communities (EC) in 1970.     

Hobbes on the supernatural from The Elements of Law to Leviathan

Hobbes's unusual religious views in his classical work, Leviathan, are often seen as a product of his attempt to reconcile Christianity with his philosophical materialism. Yet given Hobbes's materialistic view in his earlier works too, this explanatory framework alone is not sufficient for grasping distinctive features of Leviathan. This article remedies this lacuna by paying close attention to an understudied aspect of the development of Hobbes's religious theory from The Elements of Law to Leviathan: his treatment of the supernatural and, particularly, of matters of faith known by supernatural revelation as opposed to natural reason. I argue that over time Hobbes developed an epistemological analysis of supernatural revelation and refined his argument about the sense in which matters of faith are supernatural and about the extent to which they are found in the Bible. It was not materialism per se but the more sophisticated analysis of the supernatural in Leviathan that enabled Hobbes to admit the sphere of the supernatural to a much smaller extent than in De Cive and to discuss in detail what he sees as a matter of faith and beyond the scope of philosophy in De Cive.     

Economic autonomy and male authority: female merchants in modern Italy

This paper examines the social role of 'mercantesse' (entrepreneuses), women who, in contemporary Italian society, were the owners of manufacturing and trading activities. The first part is dedicated to the legal aspects, with particular reference to the institution of marital authorization and to the various social standing of three very different personae: the female merchant, the partner wife and the merchant-wife. The second part compares the regulatory aspects of this activity with the concrete reality, on the basis of census data and registrations at the Chambers of Commerce. Generally, the trends which come to the fore are unexpected ones, and are characterized by both the recognition of important and not exclusively economic power, as well as the legal, economic and social limits which conditioned not only access to this kind of activity but also the way in which it was carried out.