Hobbes and Schmitt

Many commentators are unconvinced by Carl Schmitt's interpretation of Hobbes's political theory which, to their minds, remakes Hobbes in Schmitt's own authoritarian image. The argument advanced in this essay comprises three claims about Hobbes and Schmitt and the ways in which they are construed. The first claim is that certain commentators are bewitched by a picture of authority which biases their own claims about Hobbes, perhaps in ways that they may not fully appreciate. The second claim relates to Hobbes's individualism. On Schmitt's account, it was this individualism that opened the barely visible crack in the theoretical justification of the state through which it was worm-eaten by liberalism. This essay argues that Hobbes's individualism is not what Schmitt or his critics take it to be. The individualism that figures in Hobbes's discussions of covenant and conscience, pace Schmitt, is an illusion, albeit one that lies at the very heart of his conception of the state and animates his understanding of the relationship between protection and obedience that sustains it. The essay concludes with some remarks about the wider implications of the argument it advances.     

二战与美国黑人民权运动的兴起

美国黑人民权运动是非洲裔美国人为争取政治、经济和社会的平等权利而发动的一场声势浩大的群众性社会运动。这场社会运动的发生绝不是偶然的,而第二次世界大战的爆发则起到了十分关键的刺激和推动作用。二战使美国黑人有机会更加深刻地认识到美国所宣扬的民主信条同其在国内极力维护的种族主义实践之间的强烈反差,并进一步激发r他们的种族意识、政治参与热情和寻求变革的勇气。向华盛顿进军运动则为美国黑人展示自己的力量与锻炼自已的意志提供了历史舞台。这场没有发生的示威运动大大地增强了黑人的斗争信心。这些因素为美国黑人民权运动的发生做好了最后的思想和组织准备。     

Radical politics and gay activism in the Republic of Ireland, 1974–1990

The recent success of the Marriage Equality campaign in the Republic of Ireland has highlighted the underdeveloped historiography of the Irish LGBT movement. Current historical narratives of the movement focus almost exclusively on David Norris’ legislative campaign, an initiative that was criticised by contemporary activists for isolating other voices in the community, such as those of feminist, socialists and republicans. The present study examines the influence of radical politics in the early movement for gay rights through oral history and documents from the Irish Queer Archive. In doing so, the study seeks to illuminate the historical darkness surrounding the movement’s emergence in the early 1970s and a period of demobilisation in the late 1980s, a trajectory that has been occluded in narratives that conclude with the 1993 decriminalisation of male homosexuality. The study argues that the movement was marked throughout its history by a lack of homogeneity and the persistence of internal conflicts.     

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.     

Jeremy Bentham's ‘unusually liberal’ representative democracy

Jeremy Bentham is a philosopher who deserves a prominent position in the history of democratic ideas. He not only thought popular rule as a vehicle for materializing his vision of utilitarian society, but also gave us a detailed picture of the basic institutions of the form of democratic governance he envisaged. It is also noteworthy that in hisradical system the people, who are the ultimate and undisputable source of all power, are protected from the authoritarian tendencies of state authorities not by a bill of constitutional rights but by a set of enhanced democratic powers that enable them to exercise strict control over their elected representatives. In this essay we present an outline of his ‘unusuallyliberal’ theory of democracy based on recently published texts and studies as well as a brief assessment of its strong and weak points.     

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.     

Translation on Trial: The Virginia Declaration of Rights (1776) in Sweden

Tracing the international career of the 1776 Virginia Declaration of Rights to Sweden via France, this article is a study in the translation of politics and the politics of translation. Specifically, it shows how the Swedish translator, physician and publisher Lorents Münter Philipson (1765–1851) reached for it in 1792 to add to domestic arguments against hereditary office, the purpose of which, the article argues, was to revive and legitimise a more indigenous but by now slumbering rights revolution. The article first outlines the reception of America in Sweden and the ways in which Sweden figured in American debates. It then provides a detailed analysis of the trial that ensued as a response to the Swedish translation of the Virginia Declaration. Having reconstructed the process of transmission and the trial, during which the translator was charged with attacking Sweden's monarchical constitution by means of ‘wrongly’ translating the term ‘magistrate’, the article places the translation of the declaration in political context. The contextual analysis shows that translating the declaration at this particular point in time makes most sense against the background of the events unfolding in revolutionary France, which the translator hoped would influence political developments in Sweden and which the authorities sought to suppress.     

美国1958年《国防教育法》颁布的原因

二战结束前美国颁布的《退伍军人权利法案》没有能够为战后国家经济、科技与军事发展提供强有力的智力支持。大约同一时期,作为进步主义教育的重要项目“生活调整运动”因其对学生个人兴趣、家庭、日常生活与人际关系的偏重,对学术标准的降低以及学术性课程的忽视而遭到学者的责难。1957年10月,苏联第一颗太空卫星“斯普特尼克1号”（SputnikⅠ）的发射成功标志着美国在与苏联进行军备竞赛中暂时处于下风。举国上下展开了对教育的诘难,《国防教育法》获得通过,联邦政府开始大规模卷入到教育调节与干预中,并成为教育改革的主角。     

论历史性权利在海洋划界中的作用

历史性权利在海洋划界中作用的法律基础既包括条约法也包括国际习惯法。历史性权利分属不同的法律基础,使其在海洋划界中发挥不同的作用。以《联合国海洋法公约》为代表的条约法,规定了历史性所有权或历史性海湾在领海划界中的优先作用,明确了历史性所有权、历史性水域在海洋划界争端解决程序中具有任择性例外的作用,并确立了历史性捕鱼权在群岛水域划界中具有特别适用的功能;而国际习惯法确立的历史性权利规则在海洋划界中的作用,虽然目前国际法上尚无明确规定,但在国际实践上,其主要以并行适用方式发挥作用。历史性权利在海洋划界中的不同作用,为未来我国与周边国家尤其是南海周边国家海洋划界提供国际适法导引。     

联邦党人与反联邦党人关于宪法批准问题的争论

《美国宪法》是近代世界最早、也是迄今为止延续时间最长的一部成文宪法。在它制定至批准的3年中,联邦党人与反联邦党人展开了激烈的辩论,各自发表了他们建立国家的一系列设想。通过对他们在争论中所涉及的联邦政府的性质、联邦政府与州政府的关系、《权利法案》等焦点问题的探讨,有助于揭示宪法最终获得批准的深层原因,并重新认识两大派别在美国宪政发展史中的地位和作用。