TEACHING OLD DOGS NEW TRICKS: FOUR MOTIFS OF LEGAL CHANGE FROM EARLY MODERN EUROPE

In the past millennium, there have been thousands of polities in Europe and millions of laws. This article contributes to efforts by historians and sociologists to make some sense of this sprawl by constructing common types of law and legal change. Such types constitute distinctive patterns by which historical actors change names, ideas, and applications of rules of law under various circumstances. Three classic forms of change, namely legislation, mutation of custom, and judge‐made law, were described by Max Weber. To Weber's model I add four new types or motifs of change, which I dub legal deeds, voice‐supersession, legal fictions, and anthropological expansion. The major advance of the four motifs is that they each combine what could be called a semantic and a social view of legal change. That is, they take seriously the fact that law is often bound in a self‐conscious tradition of thought and practice. But each motif of change is also characterized by a typified social configuration of legal operators and legal subjects, who apply competing ideas to one another in distinctive ways. The paradigm of law in which the four motifs are embedded is evolutionary, pluralist, and liberal in that it posits creative social organization by multiple, independent, interacting individuals in society, weaving cumulative, complex orders. This theory makes several significant scholarly interventions. First, it attempts to reconcile outstanding semantic and social theories of legal change. Second, it historicizes legal pluralism while giving evolutionary theory a healthy dose of contingency. Third, the four motifs should also be serviceable to intellectual historians as tools for describing how historical actors interact with traditions generally. Tradition need not be viewed as conservative or even overwhelmingly static. This paradigm may help historians and social scientists assess how the force of the status quo balances against the power of individuals to innovate.     

秦汉建置乌江流域郡县考

乌江古称延江水和涪水,源头为汉水。秦始皇于乌江下域置黔中郡,西汉将黔中郡改置涪陵郡、丹兴、万宁二县分别在思南、沿河。犍为郡、?柯郡分置的敝邑县治所在今黔西甘棠龙滩一带,邑敝水即黔西沙坝河。汉阳县治所在今赫章可乐。     

Middle Holocene hunter-gatherers of Cis-Baikal, Siberia: An overview for the new century

The paper examines Middle Holocene hunter-gatherer adaptive strategies in the Baikal region of Siberia based on diverse data (radiocarbon, mortuary, geochemical, genetic, human osteological, and zooarchaeological) accumulated over the last 10–15 years. The new model emphasizes the cyclical nature of the long-term changes and recognizes similarities between the Early Neolithic and Late Neolithic–Early Bronze Age cultures. The overall impression seems to be that change in the region was rapid rather than gradual. A number of interesting correlations between various cultural and environmental variables have been identified. During the Early Neolithic and Late Neolithic–Bronze Age, the spatial distributions of mortuary sites, open landscape, and good fisheries are all correlated and both intervals are coeval with periods of environmental stability. For the Early Neolithic two additional sets of correlated variables have been identified: (1) the uneven distribution of fish resources, uneven distribution of the human population, and cultural heterogeneity; and (2) poorer overall community health, more extensive male travel and heavier workloads, and higher reliance on fishing. For the Late Neolithic–Early Bronze Age, the sets of correlated variables are somewhat different: (1) more even distribution of terrestrial game resources (herbivores), more even distribution of the human population, and cultural homogeneity; and (2) better overall community health, less travel and lighter workloads, more equitable distribution of labor between males and females, and higher reliance on game hunting. Viewed together, these patterns emphasize the much more dynamic pattern of hunter-gatherer cultural variability, temporally and spatially, compared to what was known before.     

Está listo (Are you ready)? Gender,race and land registration in the Río Plátano Biosphere Reserve

Geographers and political ecologists are paying increased attention to the ways in which conservation policies disrupt indigenous customary tenure arrangements. However, much less attention is given to the particular ways protected area management shapes natural resource access for indigenous women. With this in mind, this article examines how a recently proposed state land project in Honduras, Catastro y Regularización, requires that Miskito residents individuate collective family lands in the interests of ‘sustainable development’ and ‘biodiversity protection’. In the debates that followed the project's announcement, Miskito women feared that such measures would erase their customary access to family lands. As the state's project seeks to re-order Reserve land, intra-Miskito struggles intensified among villagers. Such struggles are not only gendered but are shaped by longstanding processes of racialization in Honduras and the Mosquitia region. Drawing upon ethnographic research, I argue that Miskito women's subjectivity and rights to customary family holdings are informed by their ability to make ‘patriarchal bargains’ with Miskito men inside the Río Plátano Biosphere Reserve. Such findings suggest that scholars and policy makers continue to reflect on the ways global conservation and sustainable development practices may undermine indigenous customary tenure securities, whether intentionally or not.     

郑州商城社祭遗址新探

本文根据现有考古资料并结合文献记载的分析,对郑州商城社祭遗址进行了新的探讨。     

曹操墓出土“常所用”兵器考

曹操墓出土牌铭"魏武王常所用"兵器,分别为戟、矛、刀、椎四种,由导从及长短兵器,形成一套最简单的组合,执行"警跸侍卫如常仪"的基本功能,属于天子仪卫。例如"交戟",只有皇帝才能使用。曹操生前获得享用天子仪卫的资格。这套仪具既体现了曹操的薄葬主张,同时也是墓主身份地位和墓葬等级的重要标志。     

Monongahela subsistence-settlement change: The late prehistoric period in the lower Upper Ohio River valley

The Late Prehistoric period in the lower Upper Ohio River basin of southwestern Pennsylvania and adjacent portions of Maryland, Ohio, and West Virginia is dominated by a material-culture assemblage named Monongahela. Monongahela has been associated with subsistence-settlement systems that included a large number of upland villages that were often far removed from large river valleys. The existence of these villages has been explained as resulting from intra- and interregional warfare. While these upland villages may have obtained as a result of warfare, it is argued that they served as important links in regional divided risk strategies in response to local environmental and social risks.     

Landscapes, land use, and the history of territory formation: An example from the Puebloan southwest

Territories are spatial units that encompass the broadest range of a society's land-use behaviors as well as the history of human interactions with the natural landscape. Drawing from published documents pertaining to the North American Indian Land Claims and to the prehistory and history of land use among the Hopi Indians of Arizona, this paper integrates spatial, material, and historical variables of land use behavior (1) to formulate an empirical definition of territory and (2) to develop a generalized life history of territory formation that can be applied explicitly to the archaeological record.     

Drivers of Unsustainable Land Use in the Semi‐Arid Khabur River Basin,Syria

The semi‐arid zone of Southwest Asia, known as the Fertile Crescent, is under unprecedented stress because of agricultural development. Where rain‐fed agriculture and transhumant herding had prevailed over ten millennia, today intensive cultivation with irrigation threatens future sustainability. A number of interconnected, but uncoordinated drivers of change combine to shape the landscape and its future, and their changes make it hard to anticipate future requirements and opportunities, as well as to implement policies, whether by local stakeholders or at the national level. Among the factors that comprise the socio‐natural systems are (1) climate, (2) water and soil resources, (3) history of land use, (4) social, economic and political factors, (5) infrastructural developments (6) interstate impacts, and (7) legacies of the past. The example of the Khabur River drainage in northeastern Syria shows the dynamic interplay among these factors over the past 70 years, with implications for the way future policies and practices are developed.