bluuebunny/crossref_metadata_2025 huggingface dataset:
Language and Power: The Dragoman as a Link in the Chain Between the Law of Nations and the Ottoman Empire
Authors: Muslu Zülâl
Published: August 2020

The paper attempts to take a different look into the Law of Nations through the role of dragomans (official translators) in the making of modern International law. Addressing the power of language above its mere linguistic meaning, also considering the way it is taught, socially shaped, productive and lasting, this paper intends to illustrate the general epistemic framework governing dragomans as an original social and professional body in order to better understand their unforeseen impact on the Ottoman understanding of and integration into modern international law. The paper argues that legal transformations are also the result of legal translations, which intrinsically imply the cultural and social backgrounds of the translators. It discusses how the progressive formation of the cosmopolitan professional body of dragomans led to both develop a bolted technicality and contribute to the uniformization of legal thought and language by the nineteenth century.
Closing Gaps of Fuel Use Regulation of Arctic Shipping
Authors: Sun Zhen
Published: August 2020

Evidence-based forecasting and estimation indicate that Arctic shipping will grow in volume and diversify over the coming years, and associated challenges need to be met without compromising too much either the growing demand for shipping or the sustainability of the Arctic environment. Various initiatives have been put forward by the shipping industry, States and international regulatory bodies to reduce the negative impact of the use of marine fuels on the marine environment in the Arctic. This article examines the current regulatory regime concerning use of marine fuels in the Arctic; discusses how to apply legal principles and approaches to close regulatory gaps and harmonise existing efforts to prevent, reduce and control marine pollution from fuel use; and analyses the underlining architecture for designing a regulatory regime, from a technical perspective, for the use of marine fuels by Arctic shipping.
Arctic Climate Interventions
Authors: Bodansky Daniel , Hunt Hugh
Published: August 2020

The melting of the Arctic poses enormous risks both to the Arctic itself and to the global climate system. Conventional climate change policies operate too slowly to save the Arctic, so unconventional approaches need to be considered, including technologies to refreeze Arctic ice and slow the melting of glaciers. Even if one believes that global climate interventions, such as injecting aerosols into the stratosphere to scatter sunlight, pose unacceptable risks and should be disqualified from consideration, Arctic interventions differ in important respects. They are closer in kind to conventional mitigation and adaptation and should be evaluated in similar terms. It is unclear whether they are feasible and would be effective in saving the Arctic. But given the importance of the Arctic, they should be investigated fully.
Discerning What the Quest of the Historical Jesus Could Not See
Authors: Horsley Richard A.
Published: August 2020

In Jesus and the Disinherited Thurman recognized that the all-important historical context of Jesus was among a people subjugated, similar to that of segregated and colonized peoples. He discerned the cost in human degradation for people subjected by overwhelming power as they struggled with fear, deception, and hate. In the Gospels he discerned Jesus’ uniquely creative response: His assurance that people are ‘children of God’ establishes a ground of personal dignity that leads to a new courage in the face of violence. Key was Jesus’ command to ‘love your enemies’, which Thurman understood broadly, as enabling the disinherited to forgive people who subjugated them. He finds in Jesus a transformative teaching and embodiment of non-violent direct action, which decisively influenced leaders of the civil rights movement. This essay will compare established scholarly interpretations of Jesus’ sayings with Thurman’s insights and explore how subsequent studies can build on them.
Thurman among Modern Jesus Scholars
Authors: McCaulley Esau
Published: August 2020

Written in honor of the seventy-year anniversary of Howard Thurman’s Jesus and the Disinherited, this paper takes up Thurman’s plea that we should consider the relevance of historical Jesus studies to the oppressed. I heed his call by examining Thurman’s claims about Jesus’ life and ministry in light of the work of two contemporary Jesus scholars whose work on social history have moved the conversation forward in our day, Jens Schröter and Dale Allison. This comparison shows that many of Thurman’s insights about Jesus stand up to critical scrutiny. I then ask probing questions of Schröter and Allison’s work, particularly what their scholarship has to say to the disinherited.
Howard Thurman and the Religion of Jesus
Authors: Smith Mitzi J.
Published: August 2020

This essay examines Howard Thurman’s interpretation of the historical Jesus and the religion of Jesus in his 1949 book Jesus and the Disinherited (jatd). Thurman interprets Jesus within his first century CE socio-historical context and from the perspective of disinherited African Americans. He articulates the significance of the religion of Jesus, versus religion about Jesus, for the disinherited and how it can ensure their survival. Since jatd addresses race/racism and class/classism but not the intersection of race, gender, and class, I place jatd in conversation with black feminist Audre Lorde’s Sister Outsider, womanist theologian Delores Williams’ Sisters in the Wilderness, and Angela Sim’s Lynched, who focus on the survival of black women (Lorde and Williams) and the resilience of black people living in a culture of fear.
‘Low in the Well’: A Mystic’s Creative Message of Hope in Jesus and the Disinherited
Authors: Smith Abraham
Published: August 2020

2019 marks the 70th anniversary of Howard Thurman’s Jesus and the Disinherited (1949). Thurman’s classic was not a work of dogma nor a variation on the so-called “Quest for the Historical Jesus.” Instead, Thurman’s classic primarily offered a mystic’s message of hope to many marginalized persons in the first half of the twentieth century. In part, Jesus and the Disinherited reveals Jesus’s insight about the importance of personal dignity for dispossessed persons in any age. In part, Jesus and the Disinherited also frames the mystic’s message of hope as a defense of Thurman’s affinity for a religion that reputedly was linked to a long history of oppression, colonization, violence, and exploitation. Thus, in Jesus and the Disinherited, Thurman avers that there is a distinction between the religion of Jesus (which Thurman put on the side of the marginalized) and institutional Christianity (which Thurman saw as aligned with dominant societal structures).
Jesus and the Disinherited and 1 Peter
Authors: Edwards Dennis R.
Published: August 2020

First Peter relies heavily upon the Jesus tradition found in the Gospels in order to motivate and encourage followers of Jesus who were being marginalized and harassed by the dominant society. Howard Thurman’s Jesus and the Disinherited does the same work as 1 Peter. The social condition of Thurman and his audience mirrors that of the addressees of 1 Peter. This essay compares Jesus and the Disinherited and 1 Peter, demonstrating how both authors relied upon the Jesus tradition, especially the Sermon on the Mount and the Passion.
Howard Thurman: Spiritual Activist and Mystic of the Movement
Authors: Tisby Jemar
Published: August 2020

This short introduction to the life of Howard Thurman contextualizes his most celebrated book, Jesus and the Disinherited, with attention to the conditions of his childhood, social placement, career, and religious life.
Preparing Scientists for Science Diplomacy Requires New Science Policy Bridges
Authors: Gore Meredith L. , Nichols Elizabeth S. , Lips Karen R.
Published: August 2020

Differences between the outputs of academic science and those of science policy contribute to a critical science-policy challenge — the inability of academia to sufficiently value either the outputs of the policy process as comparable to academic outputs, or the expertise required to maintain and develop policy. Few colleges and universities in the United States adequately prepare students to become scientists with expertise operating in science-policy spaces. Consequently, most academic scientists lack sufficient training in the policy process, exposure to science diplomacy and capacity to deliver science advice. Science-policy relationships are more than the dichotomised paradox of politicisation of science and the scientisation of politics. Adjustments in how scientists teach, research and engage with policy and policy-makers are necessary to better prepare future generations to address global problems. This article describes currency variances used in these two ecosystems and identifies opportunities to better support science-policy collaborations for more effective research, teaching and service.
What Is a Science Diplomat?
Authors: Melchor Lorenzo
Published: August 2020

The COVID-19 crisis has shown how countries initially responded to a global challenge on their own, instead of relying on a multilateral science diplomacy — based response. Although, science diplomacy has received great attention for the past decade, its meaning and the nature of the diverse practitioners involved remain elusive. Science diplomacy is a transboundary field sitting across national borders, policy frameworks and stakeholders of all natures and professional backgrounds. But what is a science diplomat? What science diplomacy roles formally exist? Who can become a science diplomat? What knowledge and skills are required? This practitioner’s essay proposes a typology of science diplomacy practitioners who bring science, technology, innovation, foreign policy and the international political system altogether closer in either institutionalised or non-institutionalised roles, and it also provides guidance for pursuing a career in science diplomacy. These science diplomats may promote national competitiveness but also facilitate multilateral responses to global challenges.
The Sensationalist Discourse of Science Diplomacy: A Critical Reflection
Authors: Flink Tim
Published: August 2020

For almost twenty years, the concept of science diplomacy has gained momentum in a public discourse that brings together science policy and international affairs. While some policy actions were newly established and others got into the stride of science diplomacy, the public discourse kept proliferating and has greatly enlarged the concept’s meaning. Reviewing one of its most common definitions, this contribution critically reflects on the sensational promises made by advocates and endorsers of science diplomacy. Their framing bears on a popular and romantic image of science that would hold salutary capacities to solve problems no matter how complex and that goes into rhapsodies about scientists as cosmopolitans who would eagerly collaborate with kindred spirits regardless of national and cultural contexts. Apart from the fact that science tends to get instrumentalised for particularistic purposes, these reveries are problematic, as they overbook expectations about science and foreign politics that can hardly be fulfilled.
Science Diplomacy and Its Engine of Informed Decisionmaking: Operating through Our Global Pandemic with Humanity
Authors: Berkman Paul Arthur
Published: August 2020

Science diplomacy is an international, interdisciplinary and inclusive (holistic) process, involving informed decisionmaking to balance national interests and common interests for the benefit of all on Earth across generations. Informed decisions operate across a ‘continuum of urgencies’, which extends from security to sustainability time scales for peoples, nations and our world. The COVID-19 pandemic is the ‘most challenging crisis we have faced since the Second World War’, as noted in March 2020 by UN Secretary-General António Guterres, when survival is once again a common interest at local-global levels. This essay introduces common-interest-building strategies with science diplomacy to operate short term to long term, before-through-after the ‘inflection point’ of our global pandemic, as the next step in the evolution of our globally interconnected civilisation.
The League of Nations and the Power of “Experiment Narratives” in International Institutional Law
Authors: d’Aspremont Jean
Published: August 2020

This article engages with the image of the League of Nations as an experiment in international law and the law of international institutions. This image populates international legal literature of the second half of the 20th century and of the 21st century. It corresponds to what is called here the “experiment narrative” about the League. Many of the claims made about international institutional law, collective security and international institutions in international legal discourses are informed by this specific narrative. Drawing on the “experiment narratives” about the League, this article shows that “experiment narratives” in international law constitute a common tool for international lawyers to uphold a progressive and linear global history and to organize their discourses.
The League of Nations and Visions of World Order
Authors: Tsagourias Nicholas
Published: August 2020

The article assesses the significance of the League of Nations as an experiment in world order and explains its relevance to the contemporary world order. It does this by studying three world order institutions introduced by the League namely, intergovernmental organisations, collective security, and international law.
The League of Nations and the International Law of State Responsibility
Authors: Berkes Antal
Published: August 2020

The League of Nations set up The Hague codification conference that focused, among three specific agendas, on the responsibility of states for damage caused in their territory to the person or property of foreigners. Scholarship has dominantly ignored or considered the work of the League of Nations in the law of state responsibility as a failure, starting the story of the codification with the International Law Commission. This article proposes to rethink the dominant view and claims that the League of Nations’ codification process not only initiated, but substantially contributed to the codification of the law of state responsibility, leading to lasting methods, concepts, principles and norms that have been integrated in the contemporary canon of the rules of state responsibility.
Oceans, IUU Fishing, and Climate Change: Implications for International Law
Authors: Voigt Christina
Published: August 2020

Illegal, unregulated and unreported (IUU) fishing poses a significant threat to marine fisheries and biodiversity only outpaced by the projected impacts of climate change and greenhouse gas emissions. Ocean warming might affect fish stocks, their health and migratory routes. Ocean acidification and de-oxygenation are another two phenomena that might affect certain marine species as well as entire marine ecosystems. Rebuilding of overexploited and depleted fisheries and managing fisheries sustainably will require comprehensive governance structures for port, flag, coastal and market states, which also address the causes and impacts of climate change. Addressing those concerns could open for opportunities for comprehensive and synergetic regulation. This article addresses potential synergies between oceans and climate governance; focusing on the role of oceans in addressing climate change and its adverse impacts. Suggestions to this end include (i) increasing ocean-based renewable energy, (ii) decarbonizing ocean-based transport, and (iii) pursuing integrated management of fisheries and aquaculture.
Reflections on the Implications of Environmental Norms for Fishing: The Link between the Regulation of Fishing and the Protection of Marine Biological Diversity
Authors: Tanaka Yoshifumi
Published: August 2020

The aim of this article is to examine the implications of environmental norms for fishing by analysing the South China Sea and Chagos Marine Protected Area cases. In so doing, the article considers the link between the regulation of fishing and the protection of marine biological diversity. Specifically, three issues are to be examined: (1) the implications of Articles 192 and 194(5) of the UN Convention on the Law of the Sea for the regulation of environmentally harmful fishing, (2) the implications of Article 194 of the Convention for the fishing rights of a state, and (3) balance between environmental considerations and the fishing rights of a state. In this connection, the article argues that environmentally harmful fishing can be regarded as a key concept when considering the regulation of fishing from the viewpoints of marine environmental protection.
IUU Fishing as a Disputed Concept and Its Application to Vulnerable Groups: A Case Study on Arctic Fisheries
Authors: Fitzmaurice Malgosia , Rosello Mercedes
Published: August 2020

This study is a brief reflection upon the features of the Central Arctic Ocean Fisheries Agreement with regard to indigenous stakeholders, and the potential effects of their uncritical inclusion in the broad interpretive and compliance paradigm known as illegal, unreported and unregulated (IUU) fishing. Developed from a vulnerability perspective, the study highlights the need to take into account interdependencies between fragile ecosystems and vulnerable human communities. The authors formulate a normative pathway for the regulation of Arctic fisheries that explicitly integrates legal frameworks established for the protection of indigenous peoples and their rights, promoting a nuanced, legally informed and inclusive understanding of the IUU fishing paradigm.
Negotiation and Dispute Prevention in Global Cooperative Institutions: International Community Interests, IUU Fishing, and the Biodiversity Beyond National Jurisdiction Negotiation
Authors: Payne Cymie R.
Published: August 2020

In areas beyond national jurisdiction communitarian interests are vulnerable to a weak legal order, evidenced by the prevalence of IUU fishing. The negotiation of an agreement for conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (BBNJ) and the still-evolving jurisprudence for erga omnes obligations present opportunities to strengthen them through global cooperative institutions by empowering states and non-state actors. BBNJ bodies designed to lead effective cooperation with other regimes should be considered strengthening, not undermining, to the legal order of the ocean, as economic interests emphasized in other instruments may be enhanced in the long-term by the BBNJ agreement’s planning, transparency, capacity building and technology transfer provisions. International courts have found that individual states have standing to represent community interests; non-state actors could also be recognized to have standing to access judicial fora when existential interests of humanity are at stake.
International Co-operation as a Key Tool to Prevent IUU Fishing and Disputes over It
Authors: Hutniczak Barbara , Meere Frank
Published: August 2020

This paper highlights three major concerns pertaining to legal frameworks aimed at elimination of IUU fishing across the globe. First, gaps persist even among developed countries and there is room for improvement at national level and scope for cross-country exchange of experiences. Second, to avoid undermining its own efforts directed towards sustainable exploitation of marine resources, all states should be interested in supporting their counterparts in closing regulatory gaps in fisheries regulations. International collaboration can result in improved management of fishery resources in developing countries. Third, the adoption of best practices at a national level does not necessarily go hand in hand with introducing state-of-the-art measures at the regional level. States with well-developed national legal frameworks have an opportunity to have a positive impact on the development of conservation and management measures at the regional level, but the move towards best practice is slow.
The Snow Crab Dispute on the Continental Shelf of Svalbard: A Case-Study on Options for the Settlement of International Fisheries Access Disputes
Authors: Schatz Valentin J.
Published: August 2020

Disputes concerning access to fisheries within national jurisdiction can be drivers of illegal, unreported, and unregulated (IUU) fishing. International courts and tribunals may play an important role in settling certain categories of fisheries access disputes and in clarifying the applicable legal framework. This article explores international dispute settlement options for the dispute between the European Union (EU) and Norway over access to the snow crab fishery in Svalbard’s waters as an example of a complex fisheries access dispute. In doing so, it considers the potential and limits of: 1) the compulsory dispute settlement mechanism under Section 2 of Part XV of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and 2) litigation before the International Court of Justice (ICJ).
Not Like the Others? The Position of Associated States and Dependent Territories in Fishing Disputes
Authors: Benatar Marco
Published: August 2020

Fisheries are of vital concern to associated states and dependent territories located in diverse regions ranging from the Pacific to the Atlantic. The special characteristics of these actors have led to innovative international law-making, including the terms that have been agreed within regional fisheries management organizations and arrangements to facilitate representation of non-metropolitan territories’ interests. The question may be raised whether similar innovations can be found in the field of international dispute resolution. The aim of this brief article is to consider some linkages between associated states and dependent territories on the one hand and international dispute settlement concerning fishing on the other. Four such connections will be examined in turn: access to court, representation in proceedings, applicable law in proceedings, and the territorial exclusion of disputes.
The Saffarid Yaʿqub b. Layth and the Revival of Persian Kingship
Authors: Rahmati Mohsen
Published: August 2020

The sparse historical data suggest that Yaʿqub b. Layth was the first Iranian ruler following the Arab-Islamic conquests to make significant efforts to revive Persian kingship. This article seeks to clarify, as far as possible, Yaʿqub’s actions and goals, as well as the context for his efforts. This interpretation of the sources argues that the Saffarid ruler’s government faced a crisis of social legitimacy owing to the tense relations that developed between Yaʿqub and the caliph on the one hand, and the nobles of Khorasan on the other. In this context, only in the last four years of his rule was Yaʿqub, in an effort to legitimate his power, forced to turn away from dependence on caliphal investiture and to appeal instead to a revival of Persian kingship (without the official use of the title “king”).
The Pentimenti Principle
Authors: Van Hulle Dirk
Published: August 2020

Considering deleted passages in a manuscript as a draft’s “draff,” this article investigates the status of such cancelled passages. Since they did not make it into the published text, are they still part of that work, or where do they belong? The proposed pentimenti model suggests a possible answer to this question by comparing cancelled passages to what in the visual arts are the visible traces of earlier painting beneath the top layer. The manuscripts of Beckett’s Fin de partie / Endgame in the recent digital genetic edition of the Beckett Digital Manuscript Project serve as a case study to illustrate this pentimenti model.
“Occasional extinction or more likely occultation”
Authors: Davies William
Published: August 2020

This article analyses Samuel Beckett’s unpublished prose piece “Long Observation of the Ray” (UoR MS 2909; 1975–1976) and considers the formal, thematic, and intertextual aspects of the text in order to reflect on its ‘abandoned’ status. By drawing attention to possible sources for the linguistic and descriptive choices that Beckett makes throughout the manuscript, the article argues that the text represents a partial return to the author’s abiding interest in calculations of light and distance first prompted by his study of astronomy, a return which he uses to further his experimentation with form and structure in “Long Observation of the Ray” and beyond.
Namelessness from Artaud to Beckett
Authors: Slote Sam
Published: August 2020

After a period of electroshock therapy, Antonin Artaud claimed to have been able to regain his name and sense of self. The dehiscence of name and identification is reprised in Artaud’s final work, the radio play Pour en finir avec le jugement de Dieu. This consists of five texts, read by four people. Each text is followed by unintelligible, glossolalic screams performed by Artaud, as if Artaud were reacting against the speech acts performed by others in his name. The structure of this play suggests the predicament of Beckett’s Unnamable: an entity reacting in pain to its attempts to articulate itself in a language that is not his, but theirs.
“To talk alone”
Authors: Ryan Xander
Published: August 2020

This article gives a close-reading of Beckett’s letters to Barbara Bray, focusing on the years between their first meeting in 1956 and Bray’s move to Paris in May 1961. In this correspondence Beckett grappled with the difficulties of “human conversation”, as the letters raised questions regarding the construction of the self in dialogue and the (in)ability of language to bridge distance between two individuals. I propose that Happy Days, written between October 1960 and June 1961, emerged from this fraught epistolary process, and that the play can be read as a dramatization of the letter writer’s address to their absent interlocutor. The connection is supported by Beckett’s use of draft fragments of the play-text within the letter exchange itself.
Communities Take Roots
Authors: Weber Eric Thomas
Published: August 2020

This article draws on the past and present work of the Society of Philosophers in America, Inc. (sophia) to consider eight challenges for growing communities of philosophical conversation in ways that pragmatism encourages and calls for, in terms of engaged public philosophy. The essay then proposes ways of addressing the eight challenges with solutions or outlooks for overcoming or diminishing obstacles to engaged, public philosophical and conversational community-building. The author argues that it is vital especially for pragmatists, but also for philosophers in general, not only to appreciate and work to address these challenges, but also to affirmatively support and recognize the publicly conversational and community-building philosophy that is an implication of pragmatist philosophy and scholars’ supreme intellectual obligation.
Dewey After the End of Art
Authors: Dreon Roberta
Published: August 2020

This article explores the significance of Hegel’s aesthetic lectures for Dewey’s approach to the arts. Although over the last two decades some brilliant studies have been published on the “permanent deposit” of Hegel in Dewey’s mature thought, the aesthetic dimension of Dewey’s engagement with Hegel’s heritage has not yet been investigated.

This inquiry will be developed on a theoretical level as well as on the basis of a recent discovery: in Dewey’s Correspondence traces have been found of a lecture on Hegel’s Aesthetics delivered in 1891 within a summer school run by a scholar close to the so-called St. Louis Hegelians. Dewey’s deep and long-standing acquaintance with Hegel’s Aesthetics supports the claim that in his mature book, Art as Experience, he originally appropriated some Hegelian insights. First, Dewey shared Hegel’s strong anti-dualistic and anti-autonomistic conception of the arts, resisting post-Kantian sirens that favored instead an interpretation of art as a separate realm from ordinary reality. Second, they basically converged on an idea of the arts as inherently social activities as well as crucial contributions to the shaping of cultures and civilizations, based on the proximity of the arts to the sensitive nature of man. Third, this article argues that an original re-consideration of Hegel’s thesis of the so-called “end of art” played a crucial role in the formulation of Dewey’s criticism of the arts and of the role of aesthetic experience in contemporary society. The author suggests that we read Dewey’s criticism of the removal of fine art “from the scope of the common or community life” (lw 10, 12) in light of Hegel’s insight that the experience of the arts as something with which believers or citizens can immediately identify belongs to an irretrievable past.
The Conflictual Theory of Law
Authors: Rogenhofer Julius M.
Published: August 2020

This article introduces the conflictual theory of law as a new way of understanding laws as struggles over meaning, in which actors create and circulate social knowledge to justify their interpretation of rights. The theory addresses law-production processes and underlying knowledge/power constructs, for example, in legislative deliberations and interactions between politicians and the media. It shares pragmatist commitments to a highly participative version of democracy, attained through the active involvement of all members of society in democratic processes and rejects claims of universally applicable legal “truths” in favour of the constant (re)negotiation of laws between members immediately affected by a law. Pragmatism’s antifoundationalism challenges the dualism between citizens and non-citizens, facilitating the inclusion of the latter in legislative deliberations.
Whatever floats your boat
Authors: Duffley Patrick , Larrivée Pierre
Published: August 2020

The meaning of indefinites of the wh-ever paradigm has been the object of a number of claims regarding its ignorance and indifference readings. These are examined here in the light of a systematic analysis of 2500 occurrences of the wh-ever paradigm in the Brigham-Young-University TV-corpus. Contrary to general assumptions, ignorance and indifference readings are not separate, as they are found jointly in 27 % of occurrences. Each reading is sensitive to contextual cues: ignorance associates with animacy, and is compatible with plural nouns; indifference associates with independent use, subtrigging by modals and singular nouns. Finally, scalarity is not a dominant dimension of the wh-items’ interpretation, being associated with subtrigging by modal expressions and focus stress, and requiring an indifference reading. These items are defined as evoking an unidentified referent requiring identification belonging to an open-ended series of possibilities.
Puzzles for pragmatics and rhetoric and advent of pragma-rhetoric
Authors: Hou Guojin
Published: August 2020

No other interdisciplinary issue has inspired a greater debate than the pragmatics-rhetoric border. This paper explores the pragmatics-rhetoric boundary issues and the possibility of marrying pragmatics to rhetoric for pragma-rhetoric. It first addresses the twenty ‘puzzles’ or predicaments the past studies of pragmatics and rhetoric have met with. It is held that similarities between the two disciplines make ‘pragma-rhetoric’ possible and their differences serve as the conditions for their inter-complementarity. Then we discuss some misunderstandings about pragma-rhetoric integration. Due to the alikeness of speech acts, pragmatic acts and rhetoric acts, we forward ‘pragma-rhetorical act’ (PRA) for an umbrella term in the emerging ‘pragma-rhetoric’. Finally we formulate the academic tasks and features of the interdiscipline, with a ‘standard paradigm’ and two ‘sub-paradigms’ of pragma-rhetorical research.
Evaluating pragmatic competence
Authors: Akbari Alireza , Gholamzadeh Bazarbash Monir , Alinejadi Raheleh
Published: August 2020

This paper presents an investigation into the impact of teaching pragmatic competence to translation students who translate from English (L2) to Persian (L1). For the experiment, the participants were requested to identify implicit discourse markers in a source text and to transfer them into the target text. This investigation used Think Aloud Protocols (TAP) to monitor students’ inferential translation processes. The results of this study pinpointed the challenging role of pragmatic competence for translation students. Translation performance in an experimental group of participants exposed to a period of pragmatic classroom instruction was compared to that of a control group which did not receive this training. Finally, the data analysis indicated that pragmatic teaching improved the translation students’ pragmatic competence in the experimental group through identifying both implicit and explicit discourse markers in the source text. This was clearly lacking in a number of students’ translations in the control group.
Remarks on syllable structure and metrical structure in Biblical Hebrew
Authors: Khan Geoffrey
Published: August 2020

In the Middle Ages Biblical Hebrew was transmitted in a variety of oral reading traditions, which became textualized in systems of vocalization signs. The two most important oral traditions were the Tiberian and the Babylonian, which were represented by different vocalization sign systems. These two oral traditions had their origins in ancient Palestine. Although closely related, they exhibit several differences. These include differences in syllable and metrical structure. This paper examines how the syllable and metrical structure of the two traditions reflected by the medieval vocalization sign systems should be reconstructed. The Tiberian tradition exhibits an ‘onset typology’ of syllabification, where word-internal /CCC/ clusters are syllabified /C.CC/ and word-initial clusters are syllabified within the onset /CC-/. The Babylonian tradition exhibits a right-to-left computation of syllables resulting in a ‘coda typology,’ whereby the second consonant of a word-internal sequence /CCC/ is syllabified as a coda, viz. /CC.C/, and word-initial clusters are syllabified C.C, with the first consonant extra-syllabic.
The Biblical Hebrew infinitive
Authors: Doron Edit
Published: August 2020

The paper proposes that the same functional categories which determine the inflection of the Biblical Hebrew finite verb also determine the feature specification of the Biblical Hebrew infinitive. This proposal depends both on demonstrating that the infinitive is a verb, rather than a noun (or a verbal noun), as traditionally assumed, and on showing that the functional categories that embed the infinitive are clausal rather than nominal. The article starts by examining the traditional distinction between the Infinitive Absolute and Infinitive Construct, and makes an argument for a single infinitive, with two allomorphs. The former is a verb marked as [+Mood], while the latter is marked as [–Mood], and both are also specified for two other clausal functional categories: T and Asp/Mod. These two latter categories determine a 4-way classification of finite/infinitival verbs: [+T+Asp/Mod], [+T–Asp/Mod], [–T+Asp/Mod], [–T–Asp/Mod]. This classification determines a concomitant 4-way alternation of attachment options of subject and/or object clitics to the verb: [+subj.cl.+Obj.cl.], [+subj.cl.–Obj.cl.], [–subj.cl.+Obj.cl.], [–subj.cl.–Obj.cl.], and moreover accounts for the distribution of the different verb forms.
Same-Sex Intercourse Involving Jewish Men 100 BCE–100 CE
Authors: Zeichmann Christopher B.
Published: August 2020

It is commonplace in New Testament scholarship to assume that Judaism at the turn of the Era univocally condemned same-sex intercourse among men, whether scholars use this supposition to argue that Jesus felt likewise or was uniquely accepting of the practice. The present article provides the original-language text, English translation, and brief commentary for evidence of same-sex intercourse involving Jewish men around the turn of the Era, pointing to the varying testimonies of Josephus, Martial, a graffito, Tacitus, and the Warren Cup. The paper concludes with a reflection on the relevance of the study for understanding Jesus’ sexual politics. This article contains graphic literary and visual depictions of sexual intercourse.
Gendering Jesus the Jew
Authors: Hogeterp Albert
Published: August 2020

Gendering Jesus has been a matter of divergent interpretations, ranging from emphasis on typical features of masculine power to ‘unmanly’ character by ancient elite standards. This article explores anew Jesus’ Jewish masculinity. It revisits a recent study of the question what Jesus looked like, by mutually reconsidering ancient literary and rhetorical traditions of description, literary data about Jesus’ physical and social appearance, major aspects in the literary record about Jesus the Jew in comparison with Jewish tradition including the Dead Sea Scrolls, and recent findings in iconography. Jesus the Jew comes off as an unconventional challenger of male power at the time, whose appearance would neither have adhered to elite standards of physical and social apparel nor to late antique adaptations through the Romanization of Christian iconography.
Recognising Jesus as a Victim of Sexual Abuse
Authors: Figueroa Rocío , Tombs David
Published: August 2020

This article presents the findings from qualitative interviews to explore responses to the idea of Jesus as victim of sexual abuse. The seven participants are adult male survivors of prior church sexual abuse, which they experienced as teenagers and young men. The perpetrators were leaders of the Sodalicio society in Peru. The article by Tombs (1999) on naming the torture of Jesus as sexual abuse was discussed, to assess whether participants see this as persuasive, and as meaningful for sexual abuse survivors, and important for the church. The interviews suggest that: (1) naming Jesus as a victim of sexual abuse was new to all participants; (2) most found the historical and biblical evidence to be persuasive; (3) the group were divided on whether this was of value to survivors of church related sexual abuse; (4) all of the group agreed that it was important for the wider church.
Masculinity and the ‘Holy Child’ of the Birhen sa Balintawak
Authors: Smit Peter-Ben
Published: August 2020

The Birhen sa Balintawak is the first indigenous representation of the ‘Virgin-with-child’ in the Philippines. Associated with the revolutionary movement of the Katipunan and promoted by Gregorio Aglipay, a revolutionary priest and a founding figure of the Iglesia Filipina Independiente, this representation of Mary is connected with the political and religious emancipation of the Philippines. This paper explores the construction of the masculinity of the child that accompanies its mother, arguing that its description and depiction both serve to uplift a particular kind of Filipino (revolutionary) masculinity by legitimizing it religiously and to interpret the Christian tradition in an equally indigenous as revolutionary sense. The paper draws on Aglipay’s 1926 Novenario of the Motherland as its central source.
The Politics of Regulatory Design in the Sovereign Debt Restructuring Regime
Authors: Brooks Skylar
Published: August 2020

This article looks at two recent initiatives aimed at improving sovereign debt restructuring processes and asks why one initiative succeeded while the other failed. It argues that the success or failure of a reform initiative in the debt restructuring regime depends primarily on the legal-institutional design of the mechanism it is advancing. Hard law mechanisms face enormous political obstacles that make their realization unlikely. Several of these obstacles have been identified by previous studies, but this article highlights additional barriers. It also shows that, in contrast to hard law arrangements, private law contracts provide politically useful mechanisms for regulating debt restructuring, especially for powerful states with major influence over reform outcomes—namely, the United States. The article also argues that the historical legacy of earlier reform initiatives matters, but mainly through its ability to further enhance or diminish the political prospects of mechanisms whose utility has already been determined by their design features.
The Climate Change Regime Complex
Authors: Draguljić Gorana
Published: August 2020

In an era defined by forum shopping, institutional proliferation, and regime complexity, why do global governance arrangements remain relatively stable? This article combines the insights of regime complexity scholarship with historical institutionalism to address this question. It argues that the establishment of international regimes creates winners and losers. States dissatisfied with these arrangements push for institutional change. Regimes nonetheless tend to develop in a path-dependent manner because institutions are resistant to change and the winners under the status quo seek to protect it. Thus, existing governance arrangements exert a centripetal pull, even when states engage in forum shopping and institutional proliferation to generate regime complexity. An examination of path-dependent institutional development in the global climate regime supports the argument.
The Effects of Umbrella Clauses: Their Relevance in Interpretation and in Practice
Authors: Gözlügöl Alperen Afşin
Published: August 2020

Umbrella clauses have sparked one of the great debates in international investment law as regards their proper construction. This article argues that a particular line of reasoning and interpretation appears to be unduly focusing on the effects of such clauses in the process of construing them. In other words, what seems to occur in the interpretation of umbrella clauses is that some tribunals, frightened by the far-reaching consequences, construe such clauses more narrowly. I call this phenomenon ‘adverse effects analysis’ and demonstrate that it is inconsistent with the proper construction of umbrella clauses in accordance with the rules of interpretation in the Vienna Convention on the Law of Treaties (VCLT). In this course, the effects of umbrella clauses in practice are also put forward along with an analysis of them under ‘manifest absurdity or unreasonableness test’ pursuant to Article 32(b) of VCLT.
Gender-Inclusive Governance for E-Commerce
Authors: Thystrup Amalie Giødesen
Published: August 2020

Gender equality is front and centre in the United Nations’ 2030 Sustainable Development Goals’ SDG 5. We are yet to understand how electronic commerce can incorporate gender equality considering this aspiration. The article offers a way. It presents a framework for understanding the multiplicity of gender gaps in e-commerce and provides an analysis of key regulatory and policy challenges women face in e-commerce. The article examines the legal-political implications of different approaches to incorporating gender into trade policy and then advances a multi-level approach to incorporating gender-inclusive e-commerce regulation into trade policy. On this basis, the article formulates policy recommendations for how to incorporate gender-inclusive e-commerce regulation into trade policy that works for development.
Transnational Public Policy as a Vehicle to Impose Human Rights Obligations in International Investment Arbitration
Authors: Marcoux Jean-Michel
Published: August 2020

International investment arbitration has been criticized for its general reluctance to consider human rights concerns related to foreign investors’ activities. By contrast, arbitration tribunals have relied on transnational public policy to prevent a claimant whose investment is tainted with illegality from obtaining redress. This article explores how human rights norms could be conceptualized as part of transnational public policy to impose obligations on foreign investors. It proceeds in three steps. First, it addresses the role of transnational public policy in investment arbitration. Second, the article identifies the material sources considered by tribunals to delimit the content of the doctrine. Third, it focuses on three norms – the protection of fundamental human rights, a corporate responsibility to respect human rights and the right of Indigenous Peoples to be consulted – for which tribunals have found an international consensus and that could be conceptualized as norms of transnational public policy.
Pathosformel as grammar
Authors: Wouk Edward H.
Published: August 2020

The artist and polymath Lambert Lombard of Liège developed a radical outlook on the theory and practice of artistic creation that he sought to illustrate in a ‘grammar’ of formal studies. Devised during a period of intense crisis for image-making in northern Europe, this ‘grammar’ offered a means to restore authority to the visual arts by recovering a canon of forms that had been perfected in antiquity yet became diluted over time. The present article examines the development and function of Lombard’s ‘grammar’, focusing on its role in the instruction he provided to a new generation of Netherlandish artists. It explores similarities between Lombard’s project and Aby Warburg’s celebrated Mnemosyne Atlas, compiled between 1924 and 1929. This comparison provides new insights into the visual, material and conceptual strategies through which Lombard’s ‘grammar’ illuminated the entwined properties of motion and emotion that he defined as the essence of perfect art.
Paper, paint, and metal foil
Authors: Ramakers Bart
Published: August 2020

This essay concerns itself with the category of the costumed entry at the Leiden rhetoricians’ festival of 1596. The entry by the Haarlem chamber of rhetoric The Pelican was designed by Hendrick Goltzius. It is argued that inventions like Goltzius’s were considered examples of good or best practice from which other artists and craftsmen involved in entry-making could learn, both during and after the event. The latter purpose was served by the printed festival book, which contained information on both invention (iconography) and execution (materials and techniques) of the entry characters. The use of such festival books is further corroborated by an analysis of the book collection of the Pelican chamber, which has survived more or less complete.
Rembrandt’s nature
Authors: Keizer Joost
Published: August 2020

In seventeenth-century Holland, the role of the live model in the making of art and, importantly, as a vehicle for artistic training had become a topic of contention. No other aspect of artists’ education had received more criticism than the use of real-life models. Artists ran the risk of drawing too much attention to the live model, leaving the model’s features visible in their works. These works would look too much like life itself. This essay argues that seventeenth-century theorists devised an intricate concept of style in order to keep life in an artwork at bay. To train artists was to discipline them in style.
Do it yourself!
Authors: Kok Annemarie
Published: August 2020

In 1962, the Dutch art audience was confronted with a remarkable participatory art project in the Stedelijk Museum Amsterdam: a dynamic labyrinth that visitors could enter, be part of and contribute to. This article analyses the particular relation between participation and instruction in the Dylaby exhibition. After a brief sketch of its particular setup, its ideals, plans and precursors are discussed, together with other contemporary proposals for labyrinths. This is followed by a short excursion into theoretical interpretations of participatory art, centering on the dynamics of freedom and control in this particular art practice. The third part focuses on procedures of guidance and instruction with regard to particular artworks. On the basis of historical source material forms of instruction are reconstructed and examined. Finally, the options of visitors to discover for themselves how to participate will be addressed, with a short detour to the pedagogical theory of Paolo Freire.