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 many Robespierres from 1794 to the present

The Belgian Constitution of 1831 marked a decisive step in the continental evolution from Restoration constitutional monarchy, based on the monarchical principle, towards the establishment of parliamentary constitutional monarchy. At the time, the new balance of power desired by the Belgian revolutionaries was captured by the phrase ‘republican monarchy’. It is remarkable that this concept, despite being so central to the founding fathers’ deliberations, has hardly been commented upon by later historians and public lawyers. This article aims to reconstruct the origin, meaning and uses of this concept in the context of the 1830 revolutionary wave. French revolutionary veteran general Lafayette was responsible for popularizing republican monarchy in the July Revolution, although the term’s origins went back to eighteenth-century debates on the reform of absolute monarchy. Lafayette used it to summarize the institutional demands of the republican movement vis-à-vis king Louis Philippe. Its transnational migration to the Belgian context subsequently entailed a shift in meaning which will be charted through an analysis of the Belgian constituent and public debates. Finally, the reasons for the concept’s sudden disappearance from the political stage will be addressed.     

Dying for the fatherland: Thomas Abbt's theory of aesthetic patriotism

This article aims to dissect Thomas Abbt's (1738–1766) theory of aesthetic patriotism as laid out in his On Dying for the Fatherland (1761) and his prize-essay On Mathematical, Metaphysical and Moral Certainty (1763). Aesthetic idioms, such as the emphasis on the intrinsic pleasure from the order and beauty of virtue, had been invoked throughout the eighteenth century to vindicate the morally optimistic view of humanity against the sceptical vision of an exclusively utility-centred mankind. In the post-Montesquieu debates on the moral foundations of modern politics, German-speaking authors in particular, from both republics (Switzerland) and monarchies (Prussia), appropriated the aesthetic idioms in order to reject those theories which grounded patriotism in some sort of self-interest or proclaimed it redundant in modern society. Thomas Abbt was one of the most prominent representatives of this intellectual position. Combining the general emphasis of Shaftesbury on the role of aesthetic appreciation in moral and political agency with the more specific German Baumgartenian analysis of ‘beauty’ as a central principle in human ‘empirical psychology’, Abbt argued that patriotism in modern monarchies could be grounded in an aesthetic passion of enthusiasm generated through sensuous examples of great virtue. The example of a king fighting for his country on the battlefield could inspire monarchical subjects to follow his example as well as regenerate patriotism among them. Abbt was adamant that patriotism based on aesthetic foundations had to be supported and stabilised by a pervasive patriotic culture of remembrance and emulation of dead heroes through the fine arts, as well as by a system of meritocratic honour in the army.     

The print depiction of King William III’s masculinity

This article examines both positive and negative print depictions of King William III, specifically how William’s masculine identity was produced and perceived in relation to readily accessible norms of manhood. That commentators invoked discourses of masculinity to both legitimate and denounce William’s regime suggests the importance of masculinity to kingly meaning. By discussing the ways in which William does or does not conform to gender ideals, commentators reveal that, although freighted differently, normative models of kingship and masculinity shared common expectations and overlapped in easily recognisable ways. As his critics reminded, William III neither achieved the supposed “hegemonic” patriarchal form of masculinity nor that of the ideal monarch because he remained childless. As such, William’s print portrayal sheds light on codes of masculinity in early modern Britain that were constructed in a variety of settings outside of the problematic paragon of patriarchal manhood.     

A Late Antique Ceramic Assemblage at Burgaz,Datça Peninsula,South‐west Turkey,and the ‘Normality of the Mixed Cargo’ in the Ancient Mediterranean

By combining underwater survey with formal and compositional study of ceramics, recent work at Burgaz (south‐west Turkey) reveals a late 6th‐ or 7th‐century assemblage of wine and perhaps other agricultural products carried in LR1 and LR2‐related amphoras. Representing various south‐east Aegean and likely Cilician producers, the mixed cargo aboard this probable shipwreck offers insights into the complex dynamics of seaborne distribution at the end of Antiquity. This brief study also underscores the need for documentation in underwater survey of amphora forms and fabrics, particularly those from a period characterized by intensified and diversified production of supra‐regional ceramic types.     

从"蛮族"首领到"圣徒"国王——论克洛维在中世纪法国的形象及其演绎

对于某一特定的历史人物或历史现象来说,随着时间的推移和时代的需要,后人对之描述和诠释往往会呈现出与其原始形象相距甚远的状况,而且这种异化过程又往往是以历史学的名义进行的。在中世纪法国,克洛维的形象便经历了这样一个转变过程。在图尔主教格雷戈里的笔下,克洛维尚是一个充满蛮性的凡人国王;但到了中世纪中后期,在法国王室的推动下并在御用文人的协助下,克洛维却成为一位尽善尽美的“圣徒”国王。对于这种转变的动因和效果以及中世纪历史学在其中所发挥的作用,人们当然应当给予充分的理解。但是,理解并不意味着认可。从维护历史学基本伦理准则角度出发,对于中世纪历史学的形态扭曲必须持批判态度。     

丙酸钙水酒精溶液对纸质文物脱酸效果的影响

为考察丙酸钙作为新型脱酸溶质、水-乙醇作为混合溶剂用于纸质文物脱酸效果.针对不同质量丙酸钙的水-乙醇饱和溶液、不同的水与乙醇的质量比、去酸溶液的量及纸张在溶液中浸泡的时间等因素,对纸张脱酸效果的影响做了系列研究.结果表明,内酸钙为3g的水-乙醇饱和溶液用于纸张脱酸具有较好的效果,纸张在该溶液中浸泡后pH值为7左右,且自然干燥速度快,基本不发皱、不变色.     

Biedermeier desk in Seattle: the Veit Simon children,class and the transnational in Holocaust history

This study offers a transnational history of the Holocaust based on a study of a well-known Berlin Jewish family, the Veit Simons. The authors use this tangled family history as a point of departure for a transnational history of the Holocaust. In particular, they show how to read the links connecting the protagonists to the wider world as a means of writing transnational history. Their history also shows the interconnectedness of perpetrators and victims. Moreover, they demonstrate the importance of the category of class for our understanding of the experience of Holocaust history. While the Veit Simons could hold off some of the persecution, eventually the Holocaust brought them to the ground, resulting in a story of illness, death and loss. Finally, the authors read the story from a feminist angle, offering an examination of the interplay of gender, class and persecution, examining how gender played out in coping while losing one’s former class.     

Kowtowing before the Kaiser? Sino-German Relations in the Aftermath of the Boxer Uprising

While most discussions of Germany's response to the Boxer Rebellion have focused on the Kaiser's infamous ‘Hun Speech’, few have scrutinised the attitude of the Kaiser and the institutions of the German state towards the Chinese after the war. This article demonstrates that Sino-German relations after the Boxer War were mishandled by Berlin, particularly the Kaiser. Despite having insisted on a public apology from the Chinese emperor for the Boxers' anti-European violence, the subsequent Chinese royal mission to Berlin saw the Germans lectured by the visiting Chinese on appropriate standards of civilised conduct before being offered a non-apology. Despite these very public snubs, the Chinese delegation were feted all over Germany and awarded imperial honours before returning home, having comprehensively won the peace. By looking more closely at the dynamics of this so-called ‘Atonement Mission’, this paper highlights how the Chinese Empire transformed a publicly staged act of abasement into an assertion of Chinese dignity and defiance that embarrassed the Kaiser in the eyes of Europe.     

Pollen evidence for major shifts in forest composition since the mid‐nineteenth‐century in the vicinity of Sudbury,Ontario

Numerous anthropogenic stressors have impacted the region surrounding Sudbury, Ontario, leading to pronounced vegetation and landscape change. Few long‐term records exist to understand the nature or timing of this change. We use pollen analysis from radiometrically dated sediments of Clearwater Lake to compare pre‐ and post‐settlement vegetation. Beginning ～1850 CE, the record shows major shifts in forest composition, coincident with settlement and the beginnings of lumbering. These changes are unprecedented for the past ～5000 years, and consist of increases in diversity and abundance of deciduous tree taxa and herbaceous disturbance indicators. While evidence of mining appears as early as 1900 CE, little effect is seen in the pollen record until ～1930 CE, when sedimentation rates increased and acidification of the lake also began. At this time, further increases in palynological disturbance indicators and minimum sediment organic matter levels indicate the period of maximum vegetation loss. As a result of reduced emissions since the 1970s, water quality began to improve in Clearwater Lake and there are some decreases in the abundances of shade‐intolerant disturbance indicators in the pollen record. However, the fact that the pollen assemblages do not resemble those prior to 1850 suggests lasting vegetation changes.