论旅游立法中非物质文化遗产保护的完善

随着旅游业的繁荣和世界各国对非物质文化遗产保护的重视,在旅游过程中如何促进作为重要旅游资源的非物质文化遗产的保护,实现旅游与非物质文化遗产保护的双赢与互动显得尤为重要。非物质文化遗产与旅游契合于文化性。在依法治国的背景下,以旅游法为载体,通过旅游法的体系化实现对非物质文化遗产的保护是可行而科学的。我国应通过制定旅游基本法、行政法规与部门规章、省级地方旅游法规等法律,实现对非物质文化遗产从宏观到微观多方位的保护。     

Great expectations – the European Union and cultural policy: fact or fiction?

The European Union secured limited legal ‘competence’ to act in culture in 1992. This article examines the operational context and its complicated and countervailing tensions that make European cultural policy formulation and implementation difficult. Underlying problems originate in the failure properly to define what is meant by ‘culture’ in different contexts or to identify clear and pragmatic policy objectives, although legitimate ‘instrumental’ use of culture is common. The EU’s institutional structures (Council, Commission and Parliament) are often at cross‐purposes, while the national interests of member states can have a negative effect. The structure and internal politics of the Commission ensure that the Directorate responsible for ‘culture’ remains marginal, despite its growing ambition. An attempt to institute an ‘Agenda for Culture’ in 2007 has had some initial success, but given the definitional, legal, political and administrative problems, claims being made for significant progress seem somewhat premature.     

Bringing the feudal law back home: social practice and the law of fiefs in Italy and Provence (1100–1250)

ABSTRACT

The Libri feudorum is a composite law book containing the customary laws of fiefs held in Lombardy which were codified in 1100–1250. Its function in shaping a late medieval ‘feudal vocabulary’ and, ultimately, modern models of feudalism was highlighted by Susan Reynolds and lies at the core of her anti-feudalism paradigm. This paper questions the disjuncture between social practice and learned law that underlies the paradigm, by analysing the context and making of the Libri feudorum and of legal writings associated with it – by Pillius de Medicina, Iacobus de Ardizone and Jean Blanc. By showing how practice could shape legal tools used by learned lawyers to frame fiefs and by reassessing the influence of the Libri feudorum on practice, the paper challenges the idea that fiefs were the outcome of professional or academic law and unveils aspects of the practical nature and intellectual dimension of lawyerly writing.     

‘My precious books and instruments’: Jewish divorce strategies and self-fashioning in medieval Catalonia

The divorce case between David Bonjorn and Esther Caravita, which took place in Girona and Perpignan in 1337, is extraordinarily well documented. Hebrew and Latin documents shed light on the stages of the controversy, the wide range of personalities involved in the case and, most notably, the strategies mobilised by the two sides in their attempt to uphold or invalidate the divorce. The ways in which personal strengths and weaknesses were utilised in this legal battle enrich recent scholarly discussions about legal strategy in medieval Europe.     

‘Germany’s salvation’: Carl Schmitt’s teleological history of the Second Reich

Although Schmitt’s enthusiastic conversion to National Socialism is well known, his short history of the German Kaiserreich, published in 1934, remains neglected in Anglophone scholarship. This article contextualizes Schmitt’s narrative through the National Socialist conception of history and its accompanying teleology leading to the formation of the Third Reich. By placing Schmitt’s historical text in conversation with his earlier Staat, Bewegung, Volk, this article argues that Schmitt appropriated the history of the Kaiserreich to construct liberalism as a social pathology which could only be cured through the ‘concrete state theory’ he outlined in Staat, Bewegung, Volk. Furthermore, this article argues that Schmitt’s history relied heavily on propagandistic clichés of the Third Reich and thereby functioned as a rhetorical legitimation of Hitler’s rise to power.