袁世凯与清末法制改革

在清末法制改革中,袁世凯是积极的推动者和参与者。他上书请求变革法律,积极推荐修法人才,并参与新法内容的讨论;他极力主张多渠道地造就和选用法律人才;他利用直隶总督的地位和权力,将法制改革的许多措施在直隶施行,对推动当时中国封建法制的近代化进程起到了积极的促进作用。     

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.     

Behind the Cold War: rethinking the left,the state and civil society in Italy (1940s-1970s)

This article stresses the longue durée features of the Italian political system. It examines the role of two historical factors: (1) the existence of some peculiar (and quite 'sophisticated') state financial institutions; (2) the influence of certain long-enduring social traits (regional differences, family values, the Catholic Church, political religion) on the relationship between state and citizens. It discusses the specificities of the Italian political system (with its historical Fascist heritage and the biggest Communist Party in Europe) and the reaction of the political elite (especially on the left) to international developments in the 1940s and the 1970s, since these years (of the economic 'miracle' and the origins of Italy's political 'landslide') offer the best comparison of Italy with other European countries. These two periods also enable us to examine the Communist Party's (PCI) crucial contribution in the two worst times of national crisis: the post-war years and the years of terrorism. The first part of the article examines the heritage of Fascism and how Italy's new political elite exploited it to strengthen the country's political and economic position after the war. The second explores how behind the Cold War the mass parties helped the country to expand in the international market by controlling social conflict. The third draws some conclusions about the 'success' of the 1940s and the heavy legacies that contemporary Italy has inherited from the 1970s.     

Muted violence: Italian war crimes in occupied Greece

This article considers the myth of Italians as ‘good people’ that has dominated post-war historiography as well as the public and institutional discourse, and analyses the connection between the judiciary paradigm and the historical narrative of the Second World War. It presents an account of Italian war crimes in occupied Greece and suggests a possible interpretation regarding the military violence towards the civilian population. War crimes are considered within the context of the general orientation of the fascist policy of occupation and the structures of conflict that emerged in the occupied territories. In particular, it discusses the turning point in Italian repressive action, from the logic of reprisal to a policy of massacre.     

Law,Principle, and the Theologico-Political History of Sovereignty

Abstract

This article takes it cue from the debate between Carl Schmitt and Erik Peterson regarding the possibility of political theology within Christianity, and in response, offers a conceptual-historical portrait of sovereignty and its juridical dimensions. Beginning with the introduction of Roman law into the medieval Church, the article traces the logic of “legal principle” as the basis of sovereign decision and how the form of legal distinctions adopted into canon law translate the Romanitas of law into the theory of papal sovereignty. By the Romanitas of law, that is to say the principle of sovereignty in law. The article then seeks to describe the conceptual translations of Roman politics and Stoic metaphysics into theological form and the logic of this translation into medieval natural law. The article concludes by evaluating how the civic theology of Rome is conceptually inherited by the politics and legal framework of sovereignty and returns to Peterson’s critique of Schmitt, arguing that political theology can be understood as a dynamic where politics is theologized, assuming that in the history of religion, theology and politics are never fully distinct to begin with.     

“Punching Above its Weight”. The Mafikeng Anti-Repression Forum (Maref) and the Fall of Bophuthatswana

Abstract

This article traces the history of the Mafikeng Anti-Repression Forum (Maref) that operated in the former homeland of Bophuthatswana from early 1990 to late 1994. It was the only human rights organisation in Bophuthatswana. Maref's work was in five areas. Firstly, it monitored human rights abuses as a consequence of political repression in the homeland. Secondly, it responded to these abuses by means of disseminating the facts behind them. Thirdly, it attempted to defend the interests of the victims by means of seeking legal redress and relief from suffering and deprivation. Fourthly, it agitated for political change in Bophuthatswana in accordance with the changing nature of political reform in South Africa as a whole. Lastly it collated and published the information that formed an essential component of the negotiations that led to the new dispensation in 1994. For these activities, Maref members were severely harassed. The role the organisation played generally has received little analysis or comment, and is deserving of a place in the annals of human rights activities and activists during this period of transformation and upheaval in South Africa.     

The Moral Theologian,Oliver O'Donovan and International Law

Abstract

Oliver O'Donovan renders a singular contribution to the theory and history of international law by identifying the spiritual impoverishment of the discipline following the triumph of state-centred contractarianism in the theory of international relations, with Hobbes, Locke, Kant and, for the present, John Rawls. This contractarian approach to international society has an inherent tendency, which O'Donovan highlights, to ground international order in the hegemonic claim of one or two countries to represent the values of the whole of humanity. With a combination of rational moral theology and biblical interpretation (Revelation), O'Donovan reasserts an international order grounded in the autonomous identities of the nations, which God has recognized as equal. With a theory of political legitimacy which rests upon representation of national identity, O'Donovan points the way to an international order based upon mutual respect among nations under natural law, in the classical medieval sense finally represented by Grotius and Suarez. This article describes again what the natural law tradition meant in the hands of Aquinas and Vitoria, in order to highlight the fact that the ontological dimension of natural law theory provides a way to meet the intolerable insecurities which theories of nationalism appear to generate. Then the article goes on to offer one way to bring natural law thinking up to date for contemporary audiences by drawing upon Paul Ricoeur's phenomenological theory of mutual recognition and respect among the nations as a way of going beyond the contractarian tradition in contemporary international law and relations theory.     

Climate change,conflict, and cooperation: Global analysis of the effectiveness of international river treaties in addressing water variability

Climate-driven water variability is a natural phenomenon that is observed across river basins, but one that is predicted to increase due to climate change. Environmental change of this kind may aggravate political tensions, especially in regions which are not equipped with an appropriate institutional apparatus. Increased variability is also likely to challenge regions with existing institutional capacity. We argue that our best attempts to assess the ability of states to deal with variability in the future rest with considering how agreements have fared in the past. In this paper, we explore treaty effectiveness, or treaty resilience, by investigating whether particular water allocation and institutional mechanisms help mitigate inter-country tensions over shared water. We use water-related events from the Basins at Risk events database as a dependent variable to test particular hypotheses regarding the impact of treaty design on conflict and cooperation over time. A broad set of climatic, geographic, political, and economic variables are used as controls. The analysis is conducted for the years 1948–2001 using the country dyad as the level of observation. Findings pertaining to our primary explanatory variables suggest that country dyads governed by treaties with water allocation mechanisms exhibiting both flexibility and specificity evince more cooperative behavior. Country dyads governed by treaties with a larger sum of institutional mechanisms likewise evince a higher level of cooperation, although certain institutional mechanisms appear to be more important than others.     

Evaluating marital stability in late-Victorian Camberwell

What was the extent of marital breakdown and separation in a society where divorce was unlikely to be an option? This article investigates the status and longevity of the marriages of a group of parents whose children were admitted to the care of the poor law authorities in Camberwell in the latter part of the nineteenth century. It finds that spousal death or misfortune, rather than marital breakdown, were the primary reasons for a parent to send a child to the poor law authorities, and that most of the marriages of the parents in the sample remained intact. It also explores whether those who separated formed new co-residential relationships.     

Maritime territorialisation as performance of sovereignty and nationhood in the South China Sea

The South China Sea (SCS) is a conflict‐ridden international arena of rivalry between China, the USA, India, and the other ASEAN countries over sovereignty, resources and security. In this geopolitical clash China is the dominant force and Vietnam its main challenger. While most analysts assume that the various claims to the mostly uninhabited islands are motivated by the presence of submarine mineral resources, the conflicts evoke strong nationalist feelings in Vietnam and China, fuelled by narratives of the historical presence of fisheries and navies. By analysing the tension between complex territorial claims, new technologies and forms of knowledge applied by these states to delineate their material borders on the sea and vernacular notions of social space, this paper explores how sovereignty and nationality is enacted on a day‐to‐day basis. Thus, I argue that maritime territorialisation is a paradox of treating the sea as ‘land’ produced by the performance of a socially constructed image of the state geo‐body capitalising on strong nationalistic sentiments in China and Vietnam.