An ineluctable minimum of natural law: François Gény, Oliver Wendell Holmes, and the limits of legal skepticism

During the first few decades of the twentieth century, legal theory on both sides of the Atlantic was characterized by a tremendous amount of skepticism toward the private law concepts of property and contract. In the United States and France, Oliver Wendell Holmes and François Gény led the charge with withering critiques of the abuse of deduction, exposing their forebears’ supposedly gapless system of private law rules for what it was, a house of cards built on the ideological foundations of laissez faire capitalism. The goal was to make the United States Constitution and the French civil code more responsive to the realities of industrialization. Unlike the other participants in this transatlantic critique, François Gény simultaneously insisted on the immutability of justice and social utility. His “ineluctable minimum of natural law” would guide judges and jurists toward the proper social ends, replacing deduction with teleology. The problem was that nearly all of Gény's contemporaries were perplexed by his conception of natural law, which lacked the substance of the natural rights tradition of the eighteenth and nineteenth centuries and the historicist impulse of the early twentieth. No one was more perplexed than Oliver Wendell Holmes, whose more thoroughgoing skepticism led him to see judicial restraint as the only solution to the abuse of deduction. The ultimate framework for this debate was World War I, in which both Holmes and Gény thought they had found vindication for their views. Events on the battlefield reaffirmed Gény's commitment to justice just as they reignited Holmes’ existential embrace of the unknown. In a sense, the limits of their skepticism would be forged in the trenches of the Great War.     

Nature and significance of the Howiesons Poort to post-Howiesons Poort transition at Klein Kliphuis rockshelter,South Africa

This paper considers the transition from Howiesons Poort to post-Howiesons Poort technologies at the rock shelter site of Klein Kliphuis, South Africa. The transition at this site is shown to be gradual, with incremental changes in material selection and in the size and shapes of flakes and cores. Implements which appear to blend characteristics of those distinctive of the earlier and later industries appear briefly at the mid-point of the transition. The results suggest that there is unlikely to have been an occupational hiatus between the Howiesons Poort and post-Howiesons Poort. Explanations for the Howiesons Poort phrased in terms of population expansion and contraction are also difficult to support. Technological changes at this time may relate to environmental variation, though the limited nature of terrestrial archives documenting changes in resource productivity necessitate that any such suggestion be made with caution.     

略论敦煌吐鲁番出土的东晋南朝文献

敦煌、吐鲁番出土了一批东晋、南朝时期的文献,它们大多为佛经,也有道经,以及儒家典籍、书札,其中佛道写经的发愿文题记均有纪年,且含有丰富的历史信息,学术价值极高。从发愿文题记可知,这些东晋、南朝文献大多抄写于南方,通过当时东南与西北之间的交通渠道,最终流入到敦煌、吐鲁番等西北地区。这一情况证实：在东晋十六国南北朝时期,西...     

南唐绘画的文人化倾向及文人画“五代萌生说”初探

中国历史上的南唐时期,因统治阶层倡导文治,文人价值观对社会精神起主导作用。在社会文化风尚的影响下,南唐画家的作品也呈现出文人化的倾向,文人画在五代已处于萌生状态,如诗、书、画开始结合于一体且书法用笔进入绘画。中国画在这一时代的发展对文人画的形成意义重大。     

Shifts in Neandertal mobility,technology and subsistence strategies in western France

We propose a reassessment of Neandertal mobility strategies by crossing technological and zooarchaeological data. A broad comparative approach to the Middle Paleolithic series from western France shows that the Levallois and laminar flaking systems, the Mousterian of Acheulian Tradition (MTA) shaping system and the Quina and discoidal-denticulate flaking systems, vary significantly in terms of duration of reduction sequences, blank versatility and tool maintenance. These technological systems, which prevail in this context over different time periods, reflect distinct mobility strategies as a response to differing hunting practices. This new approach to Middle Paleolithic technologies and related mobility patterns gives new insights into Mousterian diversity. It also highlights the determinant role played by large game hunting strategies in the organization of late Neandertal societies.     

Intramural Burials of Children at Bronze Age Sites in the Southern Urals (Early 2nd Millennium Bc)*

Intramural child burials are rare in Bronze Age settlements of the Southern Urals. The study addresses this type of burial at sites associated with the Sintashta and Petrovka traditions. Their analysis generates two interpretations: one related to fertility and ancestor worship, the other to family relationships and the mentality of the people living in the Bronze Age.     

The disillusionment of Robert Dell: the intellectual journey of a Catholic socialist

ABSTRACT

This article considers attempts in the late nineteenth century to bring about a confluence of Catholicism and Socialism in Britain by examining the writing and correspondence of one man, the art critic and Fabian socialist Robert Dell. Beginning with Dell’s involvement as a young man in London-based radical politics, the article examines his efforts to bring his socialist politics and Catholic faith together. Dell attempted this through stressing a narrative of Catholic collectivism, under the aegis of a benevolent Church, contrasted with a post-Reformation Protestant individualism leading to the inequities of capitalism. The appeal of Catholicism in a Victorian Britain undergoing a collective crisis of faith is addressed. The second part of the article documents the failure of these attempts and Dell’s disillusionment with the Catholic hierarchy that by 1908 had led to a complete break on Dell’s part with the Catholic establishment. The catalyst for this break was the brutal treatment of Catholic Modernists such as George Tyrrell, Maude Petre and St George Mivart by the Vatican and the English Catholic leadership. Dell’s final rejection of organised Catholicism is charted through pamphlets, newspaper articles and personal correspondence. Ultimately, the article considers how Dell’s early political and theological career reflects on the relative positions of Catholicism and socialism at the turn of the twentieth century, and more broadly the dynamics of personal belief and political allegiances.     

Historical Perspectives on Pre-Colonial Irrigation in Southern Africa

Abstract

One of the basic areas of interaction between water as natural resource and human societies as agents of cultural transformation is the technology of irrigation. In Africa at least 66 per cent of the available water is used for purposes of irrigation. For more than 4 000 years irrigation has secured food supplies for humans on a continent that is noted for its relative shortage of sufficient natural water supplies.

There is a remarkable hidden power of water in the history of southern Africa. This is particularly the case when we consider the development of early irrigation technologies of Iron Age farmers. The small irrigation furrow of the subsistence farmer was just as important to an insular community of Bantu-speaking people in pre-colonial times, as is the sophisticated irrigation technology in present-day South Africa. Currently there is a paucity of information about pre-colonial indigenous irrigation technology. This can be ascribed to a number of factors of which the invasion of modern Western traditions in the nineteenth century is perhaps the most important. A number of other factors for the apparent blind-spot is also presented in this study.

In southern Africa there are traces of indigenous pre-colonial irrigation works at sites such as Nyanga in Zimbabwe; the Limpopo River Valley; Mpumalanga; and South Africa's eastern Highveld. Reference is also made in this article to specific strategies of irrigation used by Iron Age communities, prior to the advent of a colonial presence. Finally, attention is also drawn to pre-colonial land tenure and state formation against the backdrop of Wittfogel's theories on hydraulic society.     

Jules Sion,Alan Grant Ogilvie and the college des Ecossais in Montpellier: A network of geographers

The ‘new geography’ propounded by Vidal de La Blache in the early years of the 20th century was diffused by his protégés in France and abroad. Field classes played a significant role in the process, with the Collège des Ecossais, established by Patrick Geddes at Montpellier, providing an ideal base for British students to study the natural and cultural landscapes of the component pays of southern France. The careers of Jules Sion and Alan Grant Ogilvie are explored in this article, and practical links between French and British geographers are exemplified through experiences of fieldwork in the Languedoc before and after World War II. Networks of professional contact and friendship are vital in understanding how the practice of modern geography has been shaped.     

西周时期的“南国”、“南土”范围刍议

“南国”与“南土”是两个并不等同的概念,“南土”或为周王直接控制的位于王畿南部的区域．在其南部边城地区甚至设有“侯”之类具有军事防卫职能的长官。而“南国”却位于“南土”之外,远离王畿,王朝对该地区的控制强弱视王朝的实力而定。