Razi on Reason and Political Authority: A Study in Medieval Persian Political Thought

The Philosopher of Rey, Mohammad-e Zakariya-ye Razi and his Ismaili adversaries, Abu Hatam-e Razi and Naser-e Khosrow, share a political understanding of religion according to which religion is a theologico-political system of domination. However, they are at odds over the political philosophy appraisal of religion qua a system of authority. The paper explicates the latter disagreement in part based on Razi's and his opponents' conflicting ideas about the nature of the faculty of Reason and its distribution among men. Consequently, the paper underlines a democratic implication of Razi's thesis on the makeup of the human intellect.     

Indigenous Bioregionalisms (Love Mother Earth) Relationship,Creation, Ethics,Love

Indigenous Bioregionalisms (Love Mother Earth) are identities, methods, and philosophies defining our relationships between beloved Home Land Place and all Living Beings (written here as Home/Land/Place). Indigenous Bioregionalisms actively creates, maintains, and ensures the continuance and thrive‐ance of all Beings. It proposes a way to understand Indigenous belonging to and with Home/Land/Place—the expansive physical, natural, and SuperNatural source of life, transformance, and regeneration—of every Being.     

The Universal Declaration of Human Rights at 70: protection of human rights in Australia*

This commentary reflects on the legacy of the Universal Declaration of Human Rights on its 70th anniversary, in terms of the protection of human rights within Australia. I reflect on Australia’s failure to implement domestically the terms of the two founding Covenants, and the resulting piecemeal protections that exist for human rights. I finish by considering the growing complexities in understanding human rights, responsibilities, and limits.     

The Netherlands in the constellation of the eighteenth-century Western revolutions

In the constellation of the eighteenth-century revolutions, the French events have always occupied a dominant position. Consequently the other European upheavals have been considered as being provoked or strongly influenced by France. Yet, the Dutch revolutions in the 1780s and 1790s provide some important nuances to this interpretation. Before the French took over the Bastille, there was already a Dutch revolution with devoted Patriots, speaking about rights of man and constitutions. The Patriots had to flee abroad in 1787. In 1795, thanks to the French Army, they were able to return to their drawing boards, eager to think anew their government and society. This paper investigates how they did it and whether the American and French precedents were so influential after all in the construction of the Batavian Republic.     

The fusion of law and ethics in cultural heritage management: The 21st century confronts archaeology

Abstract

Archaeologists around the world face complex ethical dilemmas that defy easy solutions. Ethics and law entwine, yet jurisprudence endures as the global praxis for guidance and result. Global legal norms articulate ‘legal rights’ and obligations while codes of professional conduct articulate ‘ethical rights’ and obligations. This article underscores how a rights discourse has shaped the 20th century discipline and practice of archaeology across the globe, including in the design and execution of projects like those discussed in the Journal of Field Archaeology. It illustrates how both law and ethics have been, and still are, viewed as two distinct solution-driven approaches that, even when out of sync, are the predominant frameworks that affect archaeologists in the field and more generally. While both law and ethics are influenced by social mores, public policy, and political objectives, each too often in cultural heritage debates has been considered a separate remedy. For archaeology, there remains the tendency to turn to law for a definite response when ethical solutions prove elusive.

As contemporary society becomes increasingly interconnected and the geo-political reality of the 21st century poses new threats to protecting archaeological sites and the integrity of the archaeological record during armed conflict and insurgency, law has fallen short or has lacked necessary enforcement mechanisms to address on-the-ground realities. A changing global order shaped by human rights, Indigenous heritage, legal pluralism, neo-colonialism, development, diplomacy, and emerging non-State actors directs the 21st century policies that shape laws and ethics. Archaeologists in the field today work within a nexus of domestic and international laws and regulations and must navigate increasingly complex ethical situations. Thus, a critical challenge is to realign approaches to current dilemmas facing archaeology in a way that unifies the ‘legal’ and the ‘ethical’ with a focus on human rights and principles of equity and justice. With examples from around the world, this article considers how law and ethics affect professional practice and demonstrates how engagement with law and awareness of ethics are pivotal to archaeologists in the field.     

Uncertain dimensions. Western overseas empires in the twentieth century

I consider the extent to which Fichte might be classed as a German Jacobin. I argue that if we think of the history of Jacobinism as being driven by two main forces, a concern for private rights and a concern for the public good, then Fichte might be classed as a Jacobin because his ethical and political thought combines these two concerns. I also suggest that his argument for the right of existence in the Foundations of Natural Right and his idea of ‘public’ virtue, which can be found in his main work on ethics, The System of Ethics, provide a link between his philosophy and the radical phase of the French Revolution.     

Vattel's law of nations and just war theory

It has often been said that Vattel's treatise on the law of nations breaks with the tradition of modern natural law and just war theory. Based on a closer examination of Vattel's justification of preventive war and of his assessment of the balance of power in Europe, the paper argues that this criticism is greatly exaggerated, if not entirely misleading.     

On Recent Developments in Scholarly Engagement with (the Possibility of an) Orthodox Political Theology

Exotic as the very notion of an Eastern Orthodox political theology at times seems to be, a fair share of attention has been recently directed to the possibility of it through a number of conferences, workshops and publications. In this Review Essay, I am discussing three recent edited volumes on Orthodox political theology, broadly conceived. These exhibit a certain continuity between them and, as edited volumes should, are characterized by a hermeneutic framework, in the context of which particular contributions/chapters appear. Apart from presenting the books and their content, I will be discussing their framework and rationale. Focusing on the books’ treatment of contemporary Greek political theology, I argue that an observable trend in these recent attempts consists in forcing valuable individual contributions into a grand, yet narrow, narrative that is limiting the project’s scope rather than the other way around – and this, in spite of the important contribution that these volumes without question constitute. Liberated from such objectives and frameworks, as well as of certain by now obsolete schematizations of intellectual currents in mainly Orthodox countries by taking into account more recent research, the quest for exploring the possibilities of an Orthodox political theology could prove to be considerably more fecund.     

North Korea’s participation in the Universal Periodic Review of Human Rights

North Korea’s participation in the UNHRC’s Universal Periodic Review (UPR)—a peer review in which states make recommendations to one another for improving human rights implementation—is a notable exception to its rejection of other human rights mechanisms. What explains North Korea’s willing participation in the UPR? This essay analyses North Korea’s participation in the first (2008–11) and second (2012–15) UPR cycles through its written submissions, responses to recommendations, and recommendations to other states. It finds that North Korea has consistently accepted weak recommendations, rejected more specific policy changes, and implemented accepted recommendations on a limited basis, allowing it to claim compliance with human rights at minimal cost. The UPR’s reliance on states’ self-reports and its inability to adjudicate competing factual claims allow North Korea to reject claims of egregious abuses, openly advocate for a radically state-centric vision of human rights, and challenge the legitimacy of human rights mechanisms like the Commission of Inquiry and Special Rapporteur while building support from other states with similar views. Notably, the Commission of Inquiry appears to have motivated North Korea to increase its cooperation with the UPR, demonstrating that the UPR complements but cannot replace other UN human rights mechanisms.