bluuebunny/crossref_metadata_2025 huggingface dataset:
Reading TWAIL in the Canadian Context: Race, Gender and National Formation
Authors: Thobani Sunera
Published: July 2010

This paper reads the TWAIL literature in the context of Canadian nation-building. Highlighting the intersection of race and gender in nation-building, I examine the historical relationship between law, immigration and citizenship.
Feminism, Modern Philosophy and the Future of Legitimacy of International Constitutionalism
Authors: Krivenko Ekaterina Yahyaoui
Published: July 2010

International constitutionalism relates to processes of limiting traditionally unrestricted powers of states as ultimate subjects, law-makers and law-enforcers of international law. Human rights occupy a central, but very confusing and confused role in the theorisation of international constitutionalism. If feminist scholars have criticised the inadequacies, shortcomings and gaps of international law of human rights at least since 1991, the doctrine of international law theorising constitutionalisation of international law until now has remained blind to these critiques idealising human rights and often using them as the ultimate legitimating factor. Thus, legitimacy and legality become confused and the distinction between them blurred in the doctrine of international constitutionalism. This in turn creates a danger of failure of the constitutionalists project itself, as it will serve to reinforce existing inadequacies and gaps in human rights protection. To illustrate this argument, I discuss some examples related to the protection of women's and migrants' rights. In order to avoid this dangerous development, I argue that international lawyers theorising international constitutionalism shall adopt an adequate, inclusive notion of legitimacy. In order to develop this adequate understanding of legitimacy, they should first take seriously feminist and other critiques of international human rights law and international law more generally. In the final parts of this article I develop my own more detailed proposals on the future of legitimacy and international constitutionalism. In doing so, I draw on the 'self-correcting learning process' developed in the writings of Jürgen Habermas, 'democracy to come' and more general views on the nature of sovereignty and human rights expressed by Jacques Derrida, as well as Levinasian 'responsibility-to-and-for-the-Other'.
International Norms and Domestic Practices in Regard to ILO Convention No. 169 ‐ with Special Reference to Articles 1 and 13‐19
Authors: Joona Tanja
Published: July 2010

International organizations are considered to be central actors on the stage of world politics. They are not simply passive collections of rules or structures through which others act. Rather, they are considered to be active agents of global change. International organizations are often the actors to whom we defer when it comes to defining meanings, norms of good behaviour, the nature of social actors, and categories of legitimate social action in the world. The article has an interdisciplinary approach to the International Labour Organisation (ILO) and its Convention No. 169 concerning Indigenous and Tribal Peoples in Independent countries. The approaches of international relations and international law helps explain the power the ILO exercises in national and world politics. These insights are illustrated by exploring why state agents comply with norms promoted by the regime of ILO Convention No. 169. The article briefly introduces the historical approach of the ILO to indigenous issues and the complexity related to the concept of indigenousness; the highly relevant debate when states are considering the ratification of the Convention and even when implementing it. The Committee of Experts on the Application of Conventions and Recommendations (CEACR) in the ILO structure is the most central body guiding the States to normative and political changes in their domestic practices. It is argued that the Committee is using its authority and power through the normative regime and its supervisory mechanisms, and therefore is also interpreting the Convention. The system as a whole has effects on traditional state sovereignty and the demands of indigenous peoples’ right to self-determination. The research questions focuses also on the compliance, implementation and effectiveness of international Conventions. The article has a Nordic approach with comparison to different approaches related to Article 1 dealing with the subjects/objects of the Convention and also different land right situations (Articles 13‐19) especially in Latin America.
The International Court of Justice and International Organisations
Authors: Brölmann Catherine
Published: July 2010

This vignette deals with the position of international intergovernmental organisations as non-state actors. In the case law of the ICJ the independent identity of international organisations is addressed in the formal terms of international legal personality. Such personality is undisputed in international practice: for example, international organisations not only have the capacity to conclude treaties but also, although the legal framework is not entirely settled yet, to bear international responsibility for violations of international law. The ICJ arguably has had a central role in the conceptualisation of organisations as independent actors in international law: with the 1949 Reparation Opinion intergovernmental organisations essentially received at one stroke the paraphernalia required by an international legal actor. The framework proposed by the Court was widely adopted to match developing practice and, although organisations figure in the majority of cases subsequently brought before the ICJ, it was considered and to some extent refined only in the 1996 Legality of the Use by a State of Nuclear Weapons in Armed Conflict Opinion.
The International Court of Justice and Companies: Is It Possible to Discern A "Structural Bias" at the Court Regarding Private Economic Enterprise?
Authors: Emberland Marius
Published: July 2010

This article considers the role of companies as non-state actors in the practice of the International Court of Justice, as seen through the particular structuralist lens indicated in the 2006 Epilogue to the reissue of Martti Koskenniemi's From Apology to Utopia. The Epilogue refers to legal institutions' "structural bias". Its meaning is explored before the article considers whether the decisions of the ICJ in disputes that have involved the interests of companies reveal a particular "structural bias" toward private economic enterprise.
German Corporate Convergence to a Market Based System
Authors: Berger Matthew
Published: July 2010

Germany has implemented several legal reforms in an attempt to attract international investment. Commentators proclaimed that a transition from a bank-based system of corporate governance to a market-based system was required in order for Germany to attract international investors. Debates still transpire regarding the success of the legal reforms implemented in an effort to make this change. This analysis explains Germany's previous corporate governance system and the new laws implemented to transform it to a market-based system. Empirical data is recited concerning the changes in foreign direct investment, German household investment decisions, and the German financial markets. The paper concludes that an analysis of this data reveals an increase of foreign investment in Germany and a substantial movement towards a market-based system throughout the duration of the legal reform.
The "Good Governance" Crusade in the Third World: A Rich, Complex Narrative – Magic Wand or Smoke Screen?
Authors: Maogoto Jackson Nyamuya
Published: July 2010

The project of governance, which has been heralded as a contemporary advance in the development of international law, has a very old lineage. Since the beginnings of the modern discipline of international law in the sixteenth century, international law has devised a number of doctrines directed at shaping and reforming the government of the non-European State. This Paper argues that good governance exerts an extraordinarily powerful influence on the thinking of the international community in part because it is connected with human rights, the universal language in this "age of rights". The link suggests that the Third World State is the focus of concern: it is the aberrant Third World State which both violates rights and engages in bad governance. The Paper critiques the stance that the problem of addressing international justice can be largely achieved through the project of good governance which would reform the Third World State. It seeks to argue that democratic experimentalism, not the so-called "McDonaldization" (globalization as homogenization) of the world, is important. This is based on the premise that "McDonaldization" minimizes the complex way in which the local interacts with the international.
A Third World Approach to Debating the Legality of the Iraq War
Authors: Natarajan Usha
Published: July 2010

The international law discipline engaged in vigorous debate over the legality of the 2003 Iraq invasion. However, once the furor over the invasion died down, and attention turned to management of the ongoing reality of Coalition occupation of Iraq, the legality debate risked seeming redundant. While the mainstream debate answers questions as to whether the invasion was legal, its usefulness is limited if it does not answer other important legal questions. What role has international law played in the Iraq invasion and its aftermath? What role will the invasion play in the evolution of international law? Taking a Third World approach to the Iraq invasion can help better answer these questions and shed light on legal aspects of the war that were ignored or obscured by the mainstream debate. The first and larger part of this paper will discuss some of these issues. The latter part of this paper will consider the potential limits of Third World approaches as a critical methodology.
The Dominant Voices in Double Taxation Agreements: A Critical Analysis of the “Dividend” Article in the Agreement between Uganda and the Netherlands
Authors: Kangave Jalia
Published: July 2010

In a bid to attract foreign investment, Third World countries are increasingly concluding Double Taxation Treaties with capital-rich countries, based on either the UN model treaty convention or the OECD model. Using the example of the dividend Article in the Uganda-Netherlands treaty, the discussion in this article illustrates the increased use of tax treaties to shift income from developing to developed countries. By essentially reducing the tax rate on dividend income to nil, that treaty significantly erodes Uganda's tax base. Such agreements raise concern, especially when one takes into account the fact that investment decisions are often driven by factors external to tax, meaning that reduced tax rates do not guarantee increased investments. Worse still, because developing countries are net capital importers, the benefits accruing from such treaties are often one-sided. The paper calls for a rethinking and redrafting of the UN model convention to ensure that the taxing rights of Third World countries are strengthened. In addition, since the practical reality is that developed countries often base their agreements (even with developing countries) on the OECD model, there is a need to amend the latter model to take this reality into account.
Reflections on the ECOWAS Community Court Protocol and the Constitutions of Member States
Authors: Enabulele A.O.
Published: July 2010

Only recently, the jurisdiction of the Court of Justice of the Economic Community of West African States, which was hitherto opened only to Community States, was expanded to allow direct human rights violation claims by individuals. Though the court has since started to function, its impact is yet to be felt ‐ citizens of recalcitrant Community States still live in wanton violation of their rights in most of the States, where national courts are weak and effective remedies for rights violations largely nonexistent. This is consequent upon the failure of Community States to align their national laws with the new legal order represented by the Community Court; national laws and indeed national courts are still very hostile to the court and its judgements, thereby discouraging citizens from attending the court. This Article takes a look at the relevant provisions of the constitutions of Community States and advocates an urgent need for the cooperation to be forged between national legal systems and the community legal system through the amendment of hostile laws, as a prerequisite to the achievement of the virile community legal order.
Two Dogmas of Contemporary Philosophy of Action
Authors: D'Oro Giuseppina
Published: July 2010

Davidson's seminal essay "Actions, Reasons and Causes" brought about a paradigm shift in the theory of action. Before Davidson the consensus was that the fundamental task of a theory of action was to elucidate the concept of action and event explanation. The debate concerning the nature of action explanation thus took place primarily in the philosophy of history and social science and was focussed on purely methodological issues. After Davidson it has been assumed that the fundamental challenge for the theory of action is to answer not the conceptual question "what does it mean to explain something as an action?", but a metaphysical question, namely, "how is causal over-determination by the mental and the physical possible?". I argue that the two main considerations Davidson provides for construing the question posed by the action/event distinction in metaphysical rather than conceptual terms are inconclusive and that much is to be learned from the conceptual approach championed by Collingwood and Dray in the context of their philosophy of history.
Troubles with Mechanisms: Problems of the 'Mechanistic Turn' in Historical Sociology and Social History
Authors: Norkus Zenonas
Published: July 2010

This paper discusses the prospect of the "new social history" guided by the recent work of Charles Tilly on the methodology of social and historical explanation. Tilly advocates explanation by mechanisms as the alternative to the covering law explanation. Tilly's proposals are considered to be the attempt to reshape the practices of social and historical explanation following the example set by the explanatory practices of molecular biology, neurobiology, and other recent "success stories" in the life sciences. Recent work in the philosophy of science on these practices by Peter Machamer, Lindley Darden, Carl Craver and others is used as the foil to disclose the difficulties of Tilly's project. Most important among them is the dilemma of specification: if diagrams (standard forms of the representation of mechanisms) are intended as representations of robust causal processes, they cannot be specific enough to provide complete mechanism schemata, and are bound to remain mechanism sketches. If mechanism sketches are elaborated in detail by tracing particular causal processes, they provide representations of fragile causal processes, which cannot be considered as mechanisms comparable to those in advanced life and other special sciences. Tilly's work on the explanation of mechanisms can be considered as symptomatic for the recent trend to visualize the forms of historical representation. As far as diagrams seem to be able to communicate stories in a direct way (without narrative discourse), this trend is a challenge for the theory of historical representation. The new theories of scientific explanation focusing on the explanatory practices of the life sciences can provide examples and be the source of inspiration for the work on the theory of historical and social explanation, going beyond the confines of the received framework of the covering law model of explanation.
Esotericism and Modernity: An Encounter with Leo Strauss
Authors: Bevir Mark
Published: July 2010

Strauss championed a philosophy of history according to which philosophers characteristically hide their actual beliefs when writing about ethics and politics. This paper begins by suggesting that an esoteric philosophy of history encourages a set of specific biases when writing histories of philosophy. Proponents of esotericism are liable to be far too ready to conclude that philosophers intended to hide their beliefs; they are likely to be insufficiently attuned to the varied contexts in which philosophers write; and they are likely to be too ready to assimilate the beliefs of philosophers to a norm. Thereafter the paper considers the presence of these biases in Strauss's account of modernity. Strauss allows for waves of modernity but he defines these waves as part of a single, monolithic project that is defined in contrast to the esoteric character of ancient philosophy and that leads inexorably to nihilism. Once we correct for the biases mentioned above, however, modernity appears as a series of projects located in specific contexts and confronting particular dilemmas. Again, where Strauss presents our own era as one of crisis, this revised account of modernity suggests that we merely confront the more local issue of how to forge a community out of self-governing individuals.
National Histories: Prospects for Critique and Narrative
Authors: Bevir Mark
Published: July 2010

The classic national history narrates the formation and progress of a nation-state as a reflection of principles such as a national character, liberty, progress, and statehood. Today there appears to be a growing nostalgia for them, and with it for the role that history once played in the life of the nation. This paper argues that such nostalgia is justified insofar as it expresses skepticism about the philosophical assumptions of much social science history. In doing so, it defends the use of concepts such as narrative and tradition. Yet this paper argues that such nostalgia is not justified insofar as it sides with an analysis of these concepts in terms of given principles of nationhood and statehood. Rather, the paper argues for a shift from developmental historicism to radical historicism. Radical historicism would treat traditions as pragmatically constructed and narratives as contingent. It would thus lead to denaturalizing accounts of the nations as dispersed, discontinuous, and disrupted, and arguably to histories of networks of peoples rather than nations.
Varieties and Vagaries of Historical Explanation
Authors: Roth Paul A.
Published: July 2010

For the better part of the 20th century, expositions of issues regarding historical explanation followed a predictable format, one that took as given the nonequivalence of explanations in history and philosophical models of scientific explanation. Ironically, at the present time, the philosophical point of note concerns how the notion of science has itself changed. Debates about explanation in turn need to adapt to this. This prompts the question of whether anything now still makes plausible the thought that history must make some forced choice with regard to the type of science it is and an associated explanatory form. The discussion that follows sketches the alternative forms of explanation between which historians were to pick, and indicates why each proves unsatisfactory. Examination of these issues allows identification of a conception of historical explanation that does not require the metaphysical and epistemological assumptions that engender previous dichotomous characterizations.
Theories Explain, and so do Historical Narratives: But there are Differences
Authors: Stueber Karsten R.
Published: July 2010

Anti-realists like Paul Roth conceive of historical narratives as having no genuine explanatory power, because historical events are not ready-made and reveal themselves only to the retrospective gaze of the historian. For that reason, the categories with the help of which historians identify historical events do not map onto categories of general theories of the world required for a genuine explanation of them. While I agree with Paul Roth that the significance of a historical event is revealed only retrospectively, I argue that this does not imply that historical narratives do not provide genuine explanations. In this context, it is however important to distinguish between the description used by historians to identify the event as being part of the narrative and the description under which the occurrence of the very same event could be causally explained within the narrative. Both types of descriptions possess a certain degree of conceptual independence from each other. I argue that historical narratives incorporate both dimensions: what I also call the view from and with the view from below. Historical narratives do explain, even though they differ from scientific theories.
Danto's Philosophy of History in Retrospective
Authors: Ankersmit Frank
Published: July 2010

Danto's Analytical Philosopy of History is one of the undisputed classics of post-war reflection on the nature of historical writing. Upon its publication in 1965 it was immediately recognized to be a major contribution to contemporary historical thought. Strangely enough, however, little effort was made by philosophers of history to penetrate into the depth of Danto's argument. The explanation is, perhaps, that there was more than a hint of historicism in Danto's conception of historical writing and for which philosophers of history at that time were not yet prepared. This explanation is all the more plausible since German philosophers of history – most notably Hans Michael Baumgartner – were far more sensitive to the book's message than their Anglo-Saxon colleagues. The result is, however, that the book still awaits its proper reception in contemporary philosophy of history.
Texts as Performances: How to Reconstruct Webs of Beliefs from Expressed Utterances
Authors: Reiner Toby
Published: July 2010

This paper argues that historians of ideas must, when seeking to reconstruct webs of beliefs, interpret texts as though they were performances. As this is particularly the case with dialogic texts, the paper focuses on Plato's dialogues to show that the arguments expressed therein cannot be taken as expressions of Plato's beliefs. Rather, such arguments seek to prompt thought in their readers and thus reveal beliefs indirectly. We must therefore revise Mark Bevir's account of the reconstruction of webs of beliefs so that we construct a consistent web and then assume that to be the web of the author in question, rather than assuming that the web we construct is a consistent one. Consideration of Leo Strauss's argument that philosophers have often had to hide their meaning for fear of persecution, the paper concludes that its argument may apply to treatise-based writing as well as to dialogues. All texts include an element of the performative.
Anti-Dualism in History and Nature: A Study between John Dewey and Josrtega y Gasset
Authors: Binder Marnie
Published: July 2010

This paper argues that a principle manner in which Spanish philosopher Josrtega y Gasset’s historicist maxim ’man has no nature, what he has is history’ can be understood is through a pragmatist basis of anti-dualism, in part inherited from American philosopher John Dewey. The thesis here is that it is not that man has no nature, per se, rather that history is his nature because the two are anti-dualistic concepts; history is our nature because it is comprised of, as famously posited by Ortega, “myself and my circumstance”. Hence, neither philosopher negates that “preparedness”, or “nature”, influences our being and behavior, rather they are arguing, more importantly, that “plasticity”, or nurture, plays a greater role given that this encompasses “nature” when we relate Ortega’s application of “history” to Dewey’s use of “experience”. Our “experiences” create our history, and interpretations as to the nature of them are not only potentially infinite, but they are primarily just that - interpretations, which can also change over time. Hence what we truly are is our history. Although these two philosophers are not frequently linked, there is a clear connection in this basic, Deweyen pragmatist anti-dualism as an elder of Ortega. And even though Dewey, unlike Ortega, wrote little on specifically the discipline of history, much of it was indeed fundamentally historical.
Jesus and Faith: The Doctrine of Faith in Scripture and the Reformed Confessions
Authors: Congdon David
Published: July 2010

This article examines the complicated relationship between church confession and Holy Scripture as it manifests itself in the doctrine of faith expounded in the Reformed confessions of the sixteenth century. I first locate the problem historically in the conflict between Protestantism and Catholicism. I then summarize the New Testament witness to faith, examine whether the Reformed confessions do justice to this witness, and conclude by suggesting some theological possibilities for a fresh doctrine of faith within the context of a confessional and biblical Reformed theology. Along the way, I raise questions about the relationships between divine action and human action and between Son and Spirit in the event of faith.
Becoming a 'Faith Community': British Hindus, Identity, and the Politics of Representation
Authors: Knott Kim
Published: July 2010

This article offers an historical perspective on the process by which British Hindus have sought to become a 'faith community' in response to local civic pressures and the intensification of government rhetoric on harnessing the capacity of religious bodies in support of public policy, and also as an expression of Hindu nationalist and ecumenical interests. I review my earlier analysis of Hindus in Leeds, noting the four processes of institutionalisation, retraditionalisation, standardisation, and the production of community, and, through Hindu ephemera, consider these same processes for Hindus elsewhere in Britain in the period 1980 to 2006 in the context of the rise of identity politics and the return of religion to public prominence. Although these processes remain relevant, others have emerged, notably the public representation of 'Hinduism,' and the impact of a diasporic politics of Hindutva.
'But We are Concerned with a Greater Imperium': The New Zealand Protestant Missionary Movement and the British Empire, 1870-1930
Authors: Morrison Hugh
Published: July 2010

Using a largely 'non-metropole' perspective, this article seeks to shed further light on New Zealand's Protestant missionary movement in the decades of the late-nineteenth and early-twentieth centuries. It argues that New Zealand missionaries and their supporters, in the period of 'high imperialism', held a range of both positive and negative positions towards the Empire. The article outlines the general contours of New Zealand Protestant missionary thinking about the British Empire, contours that reflected wider 'British' opinion of the period. However, it also argues that patterns of geographical and organisational affiliation both supported and confounded this thinking, which was complicated by the intersection of localised and globalising influences. The article considers certain missionary 'sites' of operation and influence as well as denominational and other factors. It situates its argument both in the context of debate over historiographical paradigms for settler societies like New Zealand, and in recent attempts to locate discussion of mission and imperialism within more discretely defined temporal and geographical parameters. En partant d'une perspective largement «non-métropolitaine,» cet article vise à éclairer d'une lumière nouvelle le mouvement missionnaire protestant néo-zélandais durant les dernières décennies du 19e siècle et le début du 20e siècle. Il montre que les missionnaires néo-zélandais et leurs soutiens adoptèrent, durant la période de l'«impérialisme triomphant,» une série d'attitudes à la fois positives et négatives en relation à l'Empire. L'article dessine les contours de la pensée du mouvement missionnaire néo-zélandais par rapport à l'Empire, et montre en quoi elle était le reflet de l'opinion «britannique» de l'époque. Cependant, l'implantation géographique et les affiliations organisationnelles des missionnaires, si elles étaient parfois en adéquation avec cette pensée, la contredisaient également, à l'interface entre influence locales et globales. L'article considère enfin certains «sites» missionnaires d'activité et d'influence ainsi que des facteurs confessionnels et autres. Il se situe à la fois au sein de débats historiographiques a propos des sociétés de colons comme la Nouvelle Zélande, et dans les tentatives récentes de recentrer la discussion à propos de la mission et de l'impérialisme dans une temporalité et un espace définis par des paramètres plus fins.
Prophètes, Missionnaires et Mariages au Kenya
Authors: Morovich Barbara
Published: July 2010

How can one be Christian whilst remaining Kikuyu and reproduce in a socially legitimate manner? Focusing on akurinu Prophetic Churches in Kenya, this article analyses the diff erent stages of akurinu marriage in order to understand its individual, moral and social meanings. Akurinu marriage is seen as a new set of rules, organised and managed by the religious community. One of its most striking features is that the wedding is not paid for by the families of the husband and wife. is is an important change in the social structure of the Kikuyu and it shows that Prophetic Churches can be seen as groups which adapt to social change within Kenyan urban society. Moreover, the hope of finding a spouse is one of the reasons for changing to this type of religious community. Comment être chrétien, demeurer Kikuyu et se reproduire légitimement ? En se penchant sur le cas des Eglises prophétiques akurinu au Kenya, cet article retrace les étapes du mariage akurinu afi n d'en comprendre les enjeux individuels, moraux et sociaux. Le mariage akurinu est analysé comme un nouvel ensemble de règles, organisé et géré par la communauté religieuse. Un des points les plus remarquables est que les frais des cérémonies de mariage n'incombent plus aux familles des époux, ce qui introduit un bouleversement fondamental dans la structure sociale kikuyu, et permet de considérer les Eglises prophétiques comme des groupes qui répondent aux changements sociaux de la société urbaine en cours au Kenya. De plus, l'espoir de trouver un conjoint demeure une des raisons de la conversion à ce type de communauté.
“Long, Long Will She Be Affectionately Remembered”: Gender and the Memorialization of an American Female Missionary
Authors: Lindner Christine
Published: July 2010

This article traces the transformation of gender within nineteenth century American Protestant missions, through comparing the life and post-humus memorializations of Sarah Lanman Smith, a missionary for the American Board of Commissioners for Foreign Missions in Ottoman Syria during 1830s. Through examining the ways that Sarah defined her own identity and gender in relation to different commemorations of her life and work, this article demonstrates that 'Sarah' was increasingly read through the lens of an narrowed binary of gender. This was done through selectively editing her history in a manner that focused upon the education of women and girls, thus affirming the emerging concept of 'women's work for women'. In so doing, this article re-introduces the life of Sarah Smith, deconstructs the way that she was remembered, and presents a new perspective on the dynamic and ever-changing culture that supported and defined nineteenth century Protestant missions. L'article retrace la transformation du genre au sein des missions américaines au 19ème siècle au travers d'une analyse de la vie et des mémorialisations posthumes de Sarah Lanman Smith, une missionnaire de l'American Board of Commissioners for Foreign Missions, qui travailla en Syrie ottomane durant les années 1830. L'article montre, au travers d'une analyse de l'identité et du genre de Sarah et de l'analyse de commémorations de sa vie et de son travail que « Sarah » devint avec le temps de plus en plus comprise au travers d'un prisme binaire du genre. Cette réduction s'opéra par l'édition sélective de son histoire qui se centra dorénavant sur l'éducation des femmes et des filles, confirmant ainsi le concept émergent du « travail de femme pour les femmes ». Ce faisant, l'article restore la vie de Sarah Smith, déconstruit la manière dont on en vint à se souvenir d'elle, et présente une perspective nouvelle sur la culture dynamique et changeante des missions protestantes du 19ème siècle.
Scandinavian Missionaries, Gender and Armenian Refugees during World War I. Crisis and Reshaping of Vocation
Authors: Okkenhaug Inger Marie
Published: July 2010

Single Scandinavian women, professionally trained as nurses or teachers, left for Turkish Armenia with a religious calling to proselytize and work with relief. In practical terms, however, they became part of the Armenian population's fight for survival during war and genocide. Encountering the Ottoman government's war against its Armenian population, Scandinavian mission work was transformed to performing illegal rescue operations. But the missionaries' careers, relief workers and war witnesses in the Ottoman Empire did not only have an effect on their professional lives, the closeness to Armenian society also shaped their private lives. Des femmes scandinaves célibataires, formées comme infirmières ou enseignantes, partirent pour l'Arménie turque en réponse à une vocation religieuse pour aller évangéliser et travailler dans l'aide humanitaire. Pratiquement, toutefois, ces femmes devinrent partie intégrante de la lutte pour la survie de la population arménienne face à la guerre et au génocide. Avec la guerre de l'Empire ottoman contre sa population arménienne, la mission scandinave se mua en une opération illégale de sauvetage. Non seulement la carrière de missionnaires et travailleuses humanitaires de ces femmes ainsi que leur expérience comme témoins de la guerre dans l'Empire ottoman eurent un impact sur leur vie professionnelle, mais leur proximité avec la société arménienne transforma également leur vie privée.
“No More Cookies or Cake Now, 'C'est la guerre' ”: An American Nurse in Turkey, 1919 to 1920
Authors: Sheldon Kathleen
Published: July 2010

Sylvia Thankful Eddy was a nurse with the Near East Relief in Turkey, based at an American mission hospital at Aintab. She kept a diary during 1919-1920, when she witnessed a conflict between Turkish and French forces and Turkish persecution of Armenians. Her story counters the expectations of a missionary perspective, as she rarely mentions anything religious but frequently reports on sharing social activities with French soldiers. She was awarded the French Croix de Guerre for her actions in saving patients when the hospital was bombarded. Her story illustrates the complicated alliances of an American woman working at the intersection of various conflicting national, ethnic, and religious communities, and demonstrates one woman's route to missionary work. Sylvia Thankful Eddy, infirmière, travailla pour le Near East Relief en Turquie où elle fut basée à Aintab dans un hôpital missionnaire américain. Elle rédigea un journal entre 1919 et 1920 alors qu'elle était témoin du conflit entre les forces turques et françaises et de la persécution des Arméniens par les Turcs. Son histoire ne correspond pas à ce que l'on peut attendre d'une perspective missionnaire dans la mesure où elle ne parle presque pas de religion et qu'elle mentionne au contraire fréquemment les activités sociales qu'elle partage avec des soldats français. Elle reçut la médaille française de la Croix de Guerre pour ce qu'elle entreprit afin de sauver des patients lorsque l'hôpital où elle était fut bombardé. Son histoire illustre les alliances compliquées d'une femme américaine travaillant à l'intersection de diverses communautés nationales, ethniques et religieuses, et elle démontre le parcours singulier d'une femme vers le travail missionnaire.
For the Love of God: Care-giving in the Middle East
Authors: Naguib Nefissa
Published: July 2010

In Jerusalem in the 1960s two nuns belonging to the Polish Order of the Sisters of St. Elizabeth experienced a calling to help relieve the suffering among children living around the walls of the old city. With the help of a loan and a 'miracle' Sister Raphaela and Sister Kryspina managed to finance the building of an orphanage 'The Home of Peace' on Mount of Olives in Jerusalem. Today 'The Home of Peace' is managed by fifteen nuns who do the washing, cleaning, feeding, tutoring and caring for approximately thirty children, mostly girls, under the age of eighteen years. This paper sketches aspects of long-term daily charitable giving, rescue, protection, shelter and gestures of kindness which are forgotten aspects in Middle Eastern research. This is an attempt to get at the often neglected story of compassion and care-giving in the Middle East. À Jérusalem, pendant les années 60, deux sœurs de l'ordre polonais des Sœurs de St. Elisabeth ont ressenti la vocation de soulager la souffrance des enfants vivant en dehors des murs de la Ville Sainte. Avec l'aide d'un emprunt et grâce à un « miracle », Sœur Raphaela et Sœur Kryspina ont pu financier la construction d'un orphelinat sur le Mont des Oliviers à Jérusalem, le'Foyer de la paix'. Aujourd'hui le 'Foyer de la paix' est dirigée par 15 sœurs qui nourrissent, lavent, instruisent et prennent soin d'une trentaine d'enfants, pour la plupart des filles de moins de 18 ans. L'article se penche sur des questions souvent laissées de côté dans la recherche sur le Moyen Orient de nos jours telles que le don charitable au quotidien sur la longue durée, le secours, la protection, l'abri et les gestes de gentillesse. Ceci est une tentative d'aborder l'histoire souvent oubliée de la compassion et du soin au Moyen Orient.
Un disciple tardif de Rogier de la Pasture: Maître Johannes (alias Johannes Hoesacker?)
Authors: Martens Didier
Published: July 2010

The triptych which has hung above the main altar of Our Lady of the Immaculate Conception at Maria-ter-Heide (Brasschaat, near Antwerp) since the nineteenth century unfolds a highly unusual iconographical programme. The representation on the central panel is a 'Holy Kinship' with Saint Anne; the left and right shutters show a 'Tree of Jesse', and the 'Kinship of Effra and Ismeria' respectively. This unusual combination of themes, and the coat of arms of the abbey at Tongerlo on the staff of the kneeling donor on the left shutter, enable us to identify the triptych from an old description, predating 1615, of the art treasures in the abbey at Tongerlo. As early as 1888 canon Van Spilbeek was able to demonstrate on the basis of two entries in the abbey's ledgers that the retable was made around 1513-1515. It was commissioned by the then abbot of Tongerlo, Antonius Tsgrooten. The painter's name appears on both bills of payment of 1513-1515. He was called Johannes, and he was married to Marie Hoesacker. His apparent lack of a surname might intimate that he was a foundling. Hitherto, the triptych in Maria-ter-Heide was the only known work by 'Johannes'. The author suggests that he also painted the monumental triptych with scenes from the lives of Christ and Mary which has been on loan to the museum at Àvila since 1971 from the Provincial Council. In 1968 Karel G. Boon attributed this work to an anonymous North-Netherlandish painter. According to Boon the same artist painted two wings with John the Baptist and Saint Agnes (Paris, private collection) and a 'Baptism of Christ' (Madrid, private collection). 'Johannes' could be the maker of these three works. What is more, the painter of the triptych in Maria-ter-Heide could be credited with two retable wings which have been in the Museo de Santa Cruz in Toledo since the 19608. Their subjects are 'Saint Andrew with Saint Francis' and 'Saint James with Saint Antony of Padua'; on the back of these panels is a 'Visitation'. Judging by the numerous figures he borrowed from Rogier van der Weyden, 'Johannes' seems to have been fascinated by the great Brussels master. His interest in Van der Weyden's art and the fact that he worked for the abbot of Tongerlo suggest that he was active in Brabant. The Dutch elements which Boon claimed to recognise on the Àvila triptych are quite inconspicuous, proving how dangerous it is to determine an artist's provenance solely on the basis of aesthetic impressions. The iconographic programme on the triptychs in Maria-ter-Heide and Avila and the retable wings in Toledo is highly unusual. This indicates that they were not made for the open market on the painter's own initiative, but were ordered specially. Perhaps 'Johannes' ability to convert such iconographic programmes into pictures was one of the reasons for his success a success which, in view of the presence of two of his works in Castile, assumes an international dimension.
De Calvarieberg van Philips Wouwerman herontdekt
Authors: Duparc F.J.
Published: July 2010

Since the 1993 publication, in this journal, of an article about Philips Wouwerman (1619-1668), little new information about the artist has emerged. There have been some shorter publications and recently a monograph with a catalogue raisonné of Wouwerman. The 1993 article discussed roughly two dozen dated works. In addition there are a few references to dated paintings in old sale catalogues. Among these was a Calvary, known to be dated 1651. This painting has recently been rediscovered (fig. i). It is in excellent condition and forms an important addition to the artist's known work, not only because it is dated, but also because its biblical subject is unusual for the artist. The crucifixion itself is given a relatively modest place in the composition. It is possible that an engraving by Lucas van Leyden inspired Wouwerman when he painted the scene. Stylistically the painting fits with Wouwerman's other works from around 1652. Certain aspects of the composition are reminiscent of his earlier work, but the rendering of landscape and figures, and the use of colour arc characteristic of his canvases from the period 1652-1654, for example Peasants making merry in front of an inn of 1653, now in Minneapolis (fig. 2) and the Peasant wedding in the Samuel Collection at the Mansion House, London. The painting was probably sold at auction in Amsterdam in 1709, together with two other New Testament scenes by Wouwerman, and a Crucifixion of 1661 by Karel du Jardin. Hofstede de Groot noted that the latter work and Wouwerman's Calvary were paintcd in response to a competition announced by the Count of Wassenaar, but this seems untenable. If both pieces were indeed painted for one collector, it seems more likely that this was Jacob Cromhout from Amsterdam. The rediscovery of the Calvary adds important information to our picture of Wouwerman and reminds us that he was not just a successful painter of horse scenes. It also provided a helpful reference point for the chronology of his mostly undated work.
Jozef Israëls en de Koninklijke Academie van Beeldende Kunsten te Amsterdam Van kwekeling tot gevestigd schilder
Authors: Dekkers Dieuwertje
Published: July 2010

This study of Israels' relations with the Academy not only amends and amplifies Jan Veth's account of the painter's early years (Note 1), but also offers a better insight into the position of young Dutch history painters in the 1840s.
Lambert Sustris in Padua: fresco's en tekeningen
Authors: Meijer Bert W.
Published: July 2010

The Amsterdam painter Lambert Sustris stayed in Padua in the 1540s. During this period he worked, among other things, on a number of murals in palazzi and ville suburbane, and also in villas outside Padua and near Vicenza. Some of these murals still exist, others have vanished. A few drawings by Sustris associated with lost murals have however survived. In Padua, Sustris first worked in a subordinate position under Domenico Campagnola and Gualterio Padovano; later, having attained an independent status, he collaborated with the latter and with Andrea Schiavone, among others. Most of the buildings and mural decorations were designed to recreate and renew Classical Antiquity. Some were influenced by Raphael and the artistic climate in Rome and Mantua after 1530, in which followers such as Giulio Romano figured so prominently. Before going to Padua, Sustris had very likely been in Rome and perhaps in Mantua as well. His patrons in Padua, men like Alvise Cornaro and Marco Mantova Benavides, were members of the city's humanist circles, which were strongly orientated towards Rome and Classical Antiquity. The Amsterdam artist is largely responsible for the importance of the landscape in these paintings with their air of antiquity, paintings which in the case of the villas represent the earliest phase of villa decoration in the Veneto. Sustris' landscapes and figures alike clearly bear witness to a connection with Titian, whose paintings Sustris had probably furnished with landscapes earlier on. Further influences on Sustris' work during this period were primarily Raphael, Francesco Salviati and Parmigianino. Partly on the basis of the murals and drawings attributed here to Sustris, there are justifiable grounds for concluding that in recent decades the influence and position of Giuseppe Porta Salviati in Venice and Padua has been overestimated, to Sustris' disadvantage. Except for during his Padua period, the Amsterdam artist received few public commissions. He consequently sank into almost total oblivion fairly soon after his death. From as early on as the late sixteenth century some of his paintings, by virtue of their style and high quality, were taken for masterpieces by Titian.
Pieter Bruegels Kruisdraging: een proeve van 'close-reading'
Authors: Falkenburg Reindert L.
Published: July 2010

The article is a contribution to the iconology of sixteenth-century landscape-painting, and sets out to examine in particular the con nection between the antithethical iconography of the figural clc ment in landscapes by Joachim Patinir, Herri met dc Bles and Jan van Amstel, and Pieter Bruegel's Christ Bearing the Cross in Vienna. Also presented and elucidated is the thesis that in this painting Bruegel anticipated with many details the subjective element in the sixteenth-century beholder's interpretation, and that this subjective element in the reading of the image was anchored in the 'collective' imagery of early sixteenth-century landscape-paint ing. The author endeavours to demonstrate that the manner of reception prompted bv Bruegel's Christ Bearing the Cross is comparable with that required of the beholder of Jan van Amstcl's Landscape with Christ Bearing the Cross in Stuttgart. The uncertainty of the beholder faced with the question of whether a particular subjective interpretation of an individual detail or certain anecdote is 'correct' should not only be seen as a problem for the twentieth-century iconologist but is inherent in the actual painting, and must be judged as a positive element, intended by the painter, in the reception of the image. The beholder's personal insight and judgement in issues of good and evil are the true subject of these paintings.