‘Mother's Blood,Father's Land’: Native Title and Comparative Land Tenure Modelling for Claims in ‘Settled’ Australia

Anthropologists working in the field of Australian native title are required to piece together the early laws and customs of claimant groups and assess the degree to which these have continued since the assumption of British sovereignty. The former task is often difficult in south‐eastern Australia because of a lack of good quality early records. I suggest here that there are general principles of Aboriginal land tenure that can be recovered from elsewhere in Aboriginal Australia, where the ethnography is of a better standard, and these can be used as a guide for working with the patchier materials characteristic of the south‐east. The principles mainly cohere around the organic relationship between patrilineal descent and complementary filiation, and are shown to be relevant to the modelling of contemporary south‐eastern tenure, where people speak of ‘bloodlines’ identified with ancestral lands.     

论《儒藏》"史部"的分类问题

《儒藏》是儒学文献的大型丛书。由于儒学自古无“藏”,因此儒学文献也还没有自己的著录体系。四川大学所承担的国家“211工程”、“985工程”以及中国孔子基金会重大项目“《儒藏》编纂”,采用“三藏二十四目”的《儒藏》分类体系,对儒学史文献进行全面的省察和系统归类,对《儒藏》“史部”文献则用“孔孟类”、“学案类”、“碑传类”、“史传类”、“年谱类”、“别传类”、“杂史类”来进行分类编纂。     

Law and the historical geography of the Galilee: Israel's litigatory advantages during the special operation of land settlement

This article contributes to a re-evaluation of the role of law in historical geography. It focuses on Israeli officials' application of the complex legal process of ‘settlement of title’ to land in the all-Arab central Galilee during the 1950s and 1960s, which was aimed at transforming Jewish–Arab socio-spatial power relations in the region. Expanding Israeli conceptions of state land and the government's focus on contesting land claims of Arab citizens transformed the process into an overwhelmingly litigatory one, triggering thousands of legal disputes between state agencies and Galilee Arabs. Drawing on Galanter's work on repeat player advantage and Kritzer's work on government litigants, this article characterizes the state as a ‘government compound repeat player’, enjoying advantages that not only won cases in the Haifa District Court but that also had direct impact on the subsequent geographical transformation of the region. On a more general level, this article argues that law has played a greater role in shaping historical geographies than the literature might suggest and encourages additional work on the subject.     

治学不为媚时语惟寻真知启后人 --朱绍侯先生访谈录

朱绍侯先生是我国当代著名的历史学家,半个世纪来笔耕不辍,在中国古代史的诸多领域都取得了突出的学术成就。在对他的访谈中,内容涉及到了其治学经历、主要学术成果、学术风格及他长期形成的史学观和方法论等诸多方面。最后,朱先生还对当前学术研究的环境和风气提出了自己的评判,并对21世纪的中国古代史研究做出了乐观的展望。     

《郑子家丧》与《铎氏微》

《郑子家丧》与《铎氏微》竹书《郑子家丧》是一篇战国时期的《春秋》学佚籍。全篇记述楚、晋邲之战的原因与经过,弘扬了楚庄王的霸业。其文本脱胎于《左传》,应属楚威王傅铎椒所作之《铎氏微》。此书见载于《汉书·艺文志》,久已失传,今复重见,具有重要的文献学价值。文中对竹书内容进行考释,并就其文本属于《铎氏微》提出证据。     

Land Tenures as Policy Instruments: Transitions on Cape York Peninsula

Over the last four decades, Australia's most remote marginal lands have provided an expansive space towards realisation of emergent national goals, involving recognition of Aboriginal land rights together with protection of ‘wilderness’ and semi‐natural ecosystems. This has been achieved by the revival of land tenures as instruments for the delivery of public policy, requiring innovative federal and state legislation, often driven by judicial determinations. More so than any other bioregion, Cape York Peninsula has experienced radical shifts in landownership, land titles, and property rights, reflecting its pivotal role as an arena in which emerging national goals are contested. The most immediately visible evidence of these changes is depicted in the tenure maps for 1970, 1990, and 2010. However, these maps provide an incomplete account of tenure changes, including new titles such as non‐transferable communal freehold and common‐law recognition of traditional native title, requiring belated responses by state and federal governments. The three benchmark maps provide a starting point for an examination of the currently resurrected role of land titles and land rights as policy instruments. The time‐specific attributes of each tenure category are discussed and linked to the policies underpinning each tenure and to the communities, political constituencies, resources, enterprises, and national values engaged with each tenure. Land titles and land rights are pivotal in political contests about regional futures, with the peninsula acting as a crucible in shaping wider national directions.     

《唐律疏议》结构及书名辨析

唐永徽三年为“律”制订的“义疏”系解释和说明律文及注文的 ,疏的内容分为职能不同的“议”及“问答”两种形式。义疏制订后 ,律及疏统称为《律疏》。《律疏》一书到宋代逐渐被称为《唐律疏义》 ,尚与“义疏”原义及唐时解经传统相符。至清代则趋向称《唐律疏议》 ,盖时人见“疏”下有“议曰”字样而牵强名之 ,实脱离了唐“义疏”之本义     

清代博爱李自奇卖地契李仲买地契的史料价值

李自奇是李牟的父亲。李仲号大亮,是李岩的二哥。康熙元年李自奇卖地契,十二年李仲买地契,与康熙五十五年《李氏家谱》中有关记述可相互佐证,既为研究清初豫北土地买卖提供了具体资料,也为研究明末李自成军中的李牟、李大亮提供了佐证资料。     

《四库全书总目·子部杂家类》存目论误例举

《四库全书总目》由于种种原因,存在着诸多问题。前辈学者对之已多所纠正,子部杂家类的问题尤多。本文现就杂家类存目部分有关姓名字号、职官、时间、籍贯等方面的讹误,分类例举若干则。     

Working Towards Regional Agreements: Recent Developments in Co‐operative Resource Management in Canada's British Columbia

Canada's experience with ‘regional agreements’ has attracted considerable attention in Australia as a means by which Indigenous people can secure their native title rights to land and sea and ensure they can participate in the development and management of their homeland territories. However, regional agreements implemented in Canada thus far have often taken years to negotiate. To provide a degree of certainty for resource management and decision‐making while the native title claims process is underway, Canadian governments have proceeded to establish interim resource use and management agreements with Indigenous communities. While both governments and Indigenous people stress that interim arrangements do not replace or limit the scope for future claim settlements, it is recognised that the development of such co‐operative relationships will make long‐lasting formal agreements easier to achieve. This paper draws on several recent examples of interim agreements that have been negotiated for the salmon fishery resource in the Skeena River catchment, and considers how these local experiences offer useful approaches for resource management and native title issues in Australia. These examples demonstrate the importance of building shared understandings of resource values and management approaches prior to cementing co‐management partnerships in formal settlements. They also show some of the problems and prospects facing Indigenous peoples in their efforts to benefit from such co‐management agreements.