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.     

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.     

Legal Geographies of Intellectual Property, ‘Traditional’ Knowledge and Biodiversity: Experiencing Conventions,Laws, Customary Law,and Karma in Thailand

This article explores the existence of customary laws relating to ‘traditional’ knowledge of plants in Thailand through micro‐ethnographic case studies. This is juxtaposed against global and national frameworks of intellectual property laws that have a privatising effect on knowledge under the rubric of discovery or ‘invention’, as well as liability rights approaches of compensation and benefit‐sharing for research access. By understanding scale and legal jurisdiction as socially and politically constructed phenomena, we explore how laws at different scales and in different jurisdictions may override each other, discriminate against foreign laws and practices, and ignore customary laws. In doing so, the paper presents complex legal geographies of plants and associated knowledge, which suggest that the customary laws and norms of Indigenous groups and traditional healers are often ignored by ‘outsiders’. The paper notes that the possibility of ‘injury’ to traditional healers remains considerable without appropriate consent and given the discriminations surrounding knowledge made by patent laws. However, the ethnographies also point to the possibility of local remedies to these injuries through ritual processes, and we note resistant co‐constitutions of law and scale through the Nagoya Protocol.     

Irrational amusements,theatre law,and moral reformers in nineteenth-century America: implications for later popular music study

This paper considers several case studies of conflicts between moral reformers active in US cities and venues catering to working-class audiences from the 1860s to 1880s. For moral reformers, theatrical entertainments, particularly forms with no educational or moral purpose, were deeply corrupting and threatened not only the well-being of the individual, but also that of the nation. These case studies show that tensions emerged when popular styles sought to expand their audience beyond their traditional patrons or to move into respectable areas of the city – in other words, when they did not stay in their traditional place. This is also true of the many hybrid musical forms that combined European-based folk or religious styles with African-American music. Forms such as jazz and rock ‘n’ roll did not elicit significant protest until they began to find an audience in northern cities among middle- and lower-middle-class youth. Exploring how laws were changed in response to earlier conflicts adds a crucial historical perspective to popular music studies, which tends to remain firmly focused on music from the mid-twentieth century onwards.     

Reconceptualizing Resistance: Residuals of the State and Democratic Radical Pluralism

Abstract: Arguing that resistance to the state is too narrow a conceptualization of a political project that challenges neoliberalism, we posit that there are latent, residual apparatuses of the state which can be activated as part of a systematic progressive politics. We examine Massachusetts’“Dover amendment”, a legal framework which governs group home siting throughout the state. Dover offers a powerful tool with which to resist a neoliberal socio‐spatial agenda, though it has been underutilized toward enabling an alternative landscape. We analyze how and why Dover has often remained latent as a tool for socio‐spatial resistance, and consider a provocative case in Framingham, Massachusetts that suggests how residual state apparatuses may be leveraged in support of an explicitly resistive, progressive agenda.     

‘That Moral League of Nations against the United States’: The Origins of the 1856 Declaration of Paris

The Declaration of Paris, signed by seven European powers on 16 April 1856, is almost forgotten today. Yet it marks the beginning of modern international law as we know it: multilateral treaties open for accession by all powers with the intention of creating new universal rules. Its extension of neutral rights to trade undisturbed in peace-time was a radical reversal of the centuries-old British tradition of extensive belligerent rights. But there is no convincing explanation why Britain signed this treaty and lobbied for its global acceptance. This article shows that the Declaration was a package deal in which Britain accepted broader neutral rights but gained the abolition of privateering. Privateering was no anachronism, but the linchpin of US strategy in case of a conflict with Britain. The Declaration of Paris closed most of the world's ports to privateers and thus ended the practice. The Declaration was also the first multi-lateral law-making treaty and marks the invention of the main instrument we use today to create international law.     

A History of the Concept of the Stimulus and the Role it Played in the Neurosciences

The term stimulus, as it was used in science from its earliest appearance in the sixteenth century up to the beginning of the nineteenth century, shows a gradual progress in denotation from the physical object designed to produce nervous and muscular excitation to the generically conceived event or object that initiates sensory or motor activity. To this shift corresponds a shift in the understanding of sensory experience. Johannes Müller's law of specific energy of sensory nerves played a major role in the shift, and Hermann von Helmholtz gave the shift its most thorough philosophical explanation.     

Thinking About a Public and Multidisciplinary Archaeology

Those practicing archaeology in the United States must be adept at designing multidisciplinary projects and be conversant with a complex array of laws, their historical development, and their application. Training in these spheres varies between archaeologists employed in cultural resource management and the public sector, and those in academic settings. King's manuals are useful guides to relevant legislation. Marquardt and Watson's multidisciplinary research program integrated public, government, and academic archaeologies while training generations of students studying the origins of agriculture and sedentism among the Shell Mound Archaic peoples of Kentucky.     

La persistance des relations pre-politiques entre agents de l'autorite et classes populaires pendant la revolution francaise (le discours public de l'autorite en situation d'emeute)

This article provides an intellectual history of the status of wage earners as conceptualized within the natural law paradigm by European writers both on the Continent and in Britain. Historians of political discourse have mostly investigated the consequences of such a status for the political rights of labourers. This article shows that the crucial moves were made by different authors analysing the relation of servant to master either in the domestic sphere or in private contracts. The article further contends that that resulting deeply ambiguous analyses implied a far from complete personal freedom for wage earners. This had a decisive impact on different visions of commercial society in early modern times, and left a significant legacy for moderns.