Secularization,Legal Pluralism,and the Question of Relationship-Recognition Regimes

Abstract

In this article I contend that the re-emergence of religion in Western liberal states is a feature of a much broader phenomenon, namely, the re-establishment of legal pluralism whereby various social actors claim to be the legitimate producers of their own law. To prove this, I first offer an account of secularization as the successful attempt of modern states to dismantle a legal-pluralist system. Based on this, I argue that the reviviscence of religions is the reviviscence of their practical side: religious practices tend to be perceived by religious group members as providing guidance for conduct, one that challenges the rules of the state legal order and its monistic structure. Finally, by exploring the issue of same-sex union recognition, I defend the claim that, in a truly post-secular society, the state should allow a multiplicity of relationship-recognition models that reflect and meet different interests and needs.     

¿Qué sabemos del Cantar de Fernán González?

The Poem or Book of Fernán González was probably written c. 1250 by a monk of San Pedro de Arlanza (Burgos, Castile) to strengthen the legendary foundation of his monastery by the tenth-century Castilian Count, Fernán González, and to promote his tomb cult there. The Arlanza poet was competing with the benefits that Santiago and San Millán de la Cogolla were trying to get on legendary accounts of the champion of the independence of the County of Castile from the Kingdom of León. It is clear that this is a work of monastic propaganda, designed to attract pilgrims and donations; therefore perhaps a better title for it would be Poem of the Foundation of San Pedro de Arlanza. The Arlanza poet was fond of the popular and orally transmitted Romance epics (Hispanic and Carolingian songs). He knew Siete infantes de Salas, the tradition of the Youthful Deeds of Rodrigo (Gesta de las Mocedades de Rodrigo), the anti-Carolingian song(s) of Bernardo del Carpio, and the Roncesvals Matière. We also suspect that the poet was recasting a now-lost epic cantar de gesta of Fernán González. This cantar was probably also known by Gonzalo de Berceo, who was actively working in San Millán de la Cogolla, a few years earlier, trying to attract pilgrims and donations. In this article, I try to analyze how much we know of the lost Cantar de Fernán González and if the Monastery of Sahagún (León) also reappropriated it for its own propaganda.     

<Emphasis Type="Italic">Corrales de Indios</Emphasis> (Lithic Structures) in Tandilia,Argentina: A Global Study

In the central-southeastern area of Buenos Aires Province, Argentina, lies a mountainous area of low height in Tandilia that contains important outcrops of quartzite and granite. A large number of buildings are made of massive blocks of rock, some of them with a surface of over 1 ha. In addition to these completely artificial constructions are other structures that are semi-natural, having been made in places with special topographical characteristics and complemented with dry-stone walls. Scanty written documents allow us to attribute some of the constructions to an age before the permanent settlement of the Creole population. In the Tandilia Sierras these structures are commonly known as “corrales de indios” (Indian corrals). This designation involves a double prejudice with regard to function and cultural affiliation. Out of a total of 22 structures, we analyze a group of 4 that were excavated to use to review the written documents.     

Khao Sam Kaeo – an archaeometallurgical crossroads for trans-asiatic technological traditions

Recent archaeological investigations at Khao Sam Kaeo, on the Upper Thai-Malay Peninsula, have furnished evidence for a mid/late 1st millennium BCE cultural exchange network stretching from the Indian subcontinent to Taiwan. Typological, compositional and technological study of Khao Sam Kaeo's copper-base artefacts has identified three distinct copper-alloy metallurgical traditions, with reasonable analogies in South Asian, Vietnamese, and Western Han material culture. Furthermore, analyses of technical ceramic and slag suggest that Khao Sam Kaeo metalworkers may have been using a cassiterite cementation process to produce high-tin bronze ingots for export or onsite casting/forging. Not only would this industry constitute the earliest evidence for the exploitation of Peninsula tin resources, but we also offer a speculative argument for the source of Khao Sam Kaeo's copper-base production technology.     

An Osteological Study of Trophy Heads: Unveiling the Headhunting Practice in Borneo

Taking, modifying and displaying human body parts as trophies have been observed in several human groups since prehistoric times. Although there are many skeletal collections that present evidence for this practice, the existence of both skeletal material and written records referring to the same group is quite rare. Nevertheless, this is a case of 112 human skeletal remains collected by Charles Hose in Borneo in the late 19th century, which represents a unique opportunity to understand the vanished headhunting tradition and warfare practice in this area, as well as to compare the written records with the bioarchaeological evidence. Although Hose claims that all individuals collected by him were beheaded, our study shows that only 50.5% of the studied material show clear osteological signs of decapitation. Other practices which were part of the ritual of headhunting described by Hose could be observed, like widening of foramen magnum, burning of skulls, mandible tied to the cranium with a strip of rattan or cotton, as well as drilled perforations to suspend skulls in longhouses. Adult females and non‐adults comprised more than one third of the total number where sex and age could be determined, showing that males were not the sole targets for trophy heads. Overall, this study on the trophy skulls from Borneo is valuable as it combines and compares ethnographic accounts and osteological data to provide us with a broader scenario of a vanished practice. It draws attention to some aspects that should be taken into account when working exclusively with either written records or skeletal materials, as both present limitations. Copyright © 2011 John Wiley & Sons, Ltd.     

The enemy as the unthinkable: a concretist reading of Carl Schmitt’s conception of the political

This article offers an unconventional interpretation of Carl Schmitt’s conception of the political. It first identifies two alternative readings – an ‘exceptionalist’ and a ‘concretist’ one – to make the claim that in the late 1920s he laid the foundations for a theory of politics that overcame the flaws of his theory of exception. It then explains why the concretist reading provides an insightful key to Schmitt’s take on the relationship between politics and law as a whole. Despite this, the chief aim of this analysis is not interpretive. Rather, the article claims that such a paradigm change was related to Schmitt’s pondering on the elements that were menacing to draw the experience of modern statehood to an end even more seriously than any upheavals and revolutions. For he came to the conclusion that the mere claim to political self-sufficiency on the part on non-state social entities was able to defy the idea of the state as the political entity par excellence. While these reflections urged Schmitt to reformulate many features of his conception of the political, the article contends that this particular juncture in his production sheds light on a crucial feature of contemporary politics.     

Epitomising the Modern Spanish Nation through Popular Music: Coplas from La Caramba to Concha Piquer, 1750–1990

Music is an important language of the emotions and can often arouse strong passions in its performance and representation, both from the individual's perspective of personal identity and for the individual's sense of identity and of belonging to a given community. Likewise, music can serve to whip up and reinforce nationalism and national chauvinism against the ‘other’ as well as serving as a badge of identity. In this article I explore a musical form, a song that has been defined as ‘Spanish’ and as the ‘national’ song: la copla. Copla is rooted in the past and first appeared as both a poetic and a theatrical form, but always accompanied by music. It was, however, during the eighteenth century, when nationalism made its appearance as a ‘concern’ in the Spanish political‐cultural arena, when coplas would be used as a mark of Spanish identity. Copla is a women's song. Although it has been interpreted by men, some of them internationally renowned like Miguel de Molina, the most famous performers have been and still are women. That is why perhaps a recurrent theme of coplas is unrequited love, whereby love and passion play an important role, either with regard to the individual or the community from which the individual hails. But there are also other themes such as the longing stimulated by alien rule, which is reflected by cultural opposition and resistance to discourses of power, not only in terms of open opposition, but in a more subtle form of resistance, particularly in gender terms. I claim that it is precisely this resistance to fixed discourses of gender that have made coplas excellent negotiators with the different musical, social and political contexts and in this way have made them an icon of the invented tradition that is fundamental in the creation of a nation.