bluuebunny/crossref_metadata_2025 huggingface dataset:
Animal Ethics: Toward an Ethics of Responsiveness
Authors: Oliver Kelly
Published: July 2010

The concepts of animal, human, and rights are all part of a philosophical tradition that trades on foreclosing the animal, animality, and animals. Rather than looking to qualities or capacities that make animals the same as or different from humans, I investigate the relationship between the human and the animal. To insist, as animal rights and welfare advocates do, that our ethical obligations to animals are based on their similarities to us reinforces the type of humanism that leads to treating animals—and other people—as subordinates. But, if recent philosophies of difference are any indication, we can acknowledge difference without acknowledging our dependence on animals, or without including animals in ethical considerations. Animal ethics requires rethinking both identity and difference by focusing on relationships and responsivity. My aim is not only to suggest an animal ethics but also to show how ethics itself is transformed by considering animals.
A Social Function of Coram Deo in the Thought of Kierkegaard
Authors: Lee Seung-Goo
Published: July 2010

Kierkegaard's explanation of human equality is often understood as merely spiritual equality. By analyzing Two Ages and Works of Love, Seung-Goo Lee claims that Kierkegaard's emphasis is on true equality between people. The only way we can see people without any discrimination is to see them in the presence of God. Only in the presence of God is there 'eternal equality' between person and person. If everyone has this vision of seeing people in the presence of God, then there could be a fundamental transformation of the world.
A Search for Karl Barth's 'Public Theology': Looking into Some Defining Areas of his Work in the post-World War II Years
Authors: Laubscher Martin
Published: July 2010

This article wishes to examine some defining areas of Karl Barth's theology in the post-World War II period, and to see in what regard his theology may help in the discussion on public theology. As some characteristics may grow from our search, a definite distinction will appear between the specific intention and manner of his theology in and towards public life. A thorough appreciation of the public intention in his theology, as well as critique on the shortcomings towards the manner he proposes to go in and towards public life, will be offered at the end of our examination.
Jesus and the Church as Vulnerable Strangers
Authors: van de Beek Abraham
Published: July 2010

Referring to Marinus de Jonge, the author calls Jesus a stranger from heaven—he is the king of the kingdom of heaven. Christians are his members and share his life. As strangers on earth, they do not have an enduring city in the world (Heb. 13:14). They are not foreigners somewhere, but they are principally foreigners. They do not strive for earthly power, but participate in the life of foreigners. Due to this position, they feel acquainted with foreigners. They share the experience of exclusion, and, by consequence, strangers share their community—they believe by their exclusion.
Election and the Pattern of Exchange in Karl Barth's Doctrine of the Atonement
Authors: McMaken Travis
Published: July 2010

Bruce McCormack has described Barth's doctrine of the atonement as even more forensic than the traditional Protestant account due to the role played therein by his doctrine of election. The content of this election is fleshed out by the covenant of grace. This essay gives attention to the place of one aspect of that covenant of grace—the pattern of exchange—as it is found in Barth's account of the atonement, arguing that a mutually constitutive relation of unity-in-distinction obtains between the pattern of exchange and election in Barth's treatment of the atonement, with an asymmetrical priority given to election.
Negotiation Pedagogy: International Relations
Authors: Zartman I. William
Published: July 2010

Negotiation is less taught than might be expected in International Relations (IR) programs. Yet an upper-level university course is needed to address three audiences: future citizens, diplomats, and scholars. Since there is no single theory of negotiations, such a course needs to address the various conceptual approaches, grouped as Behavioral, Processual, Integrative, Structural, and Strategic. Conceptual presentations need to be supplemented with practitioners’ testimonies, simulations, and case studies, the latter using participants’ accounts as well as analyses. Games and a sample syllabus are presented.
Training the Warrior-Diplomat: Enhancing Negotiation and Conflict Management Skills through Experiential Learning
Authors: Suransky Leonard , Mans Ulrich , Shimshon Gideon
Published: July 2010

Despite the wealth of experience among simulation scholars, there is still little consensus on how to link gaming attributes to specific learning objectives. This article aims to contribute to this discussion and argues that specific simulation design can lead to reaching predefined learning objectives. The authors present a teaching project developed and executed for the Netherlands Defense Academy, how it was set up in 2005, and the way it evolved over time. The authors discuss how the methodology fits into the academic debate on the strengths of experiential learning. The simulation methodology used is rooted in experiential learning and typically supports standard learning goals and styles. When dealing with a specific target group, it is possible to pinpoint one specific, overarching learning objective. This allows trainers to link each individual aspect of the simulation design to that particular learning goal and, in turn, provides a valuable framework to develop, run and evaluate simulation exercises. The authors discuss how two innovative elements in simulating gaming can help to make such an approach work: combining closed and open scenarios, and new communication software that allows for continuous supervision during the game. The conclusions discuss how students respond to the challenges during the game and what the data from debriefings tells us about the methodology’s learning appeal for a military target group.
Case Study
Authors: Goergen Andreas , Bobot Lionel
Published: July 2010

The European Union is probably the most complex political and institutional decision-making structure known to humankind. Nowadays, scholars increasingly agree that no single theory can explain all the mechanisms at work in the system of EU governance and decision-making at all levels in any satisfactory way. Even for trained experts and specialists, the complexity of the EU machinery is extremely difficult to grasp. The extensive academic debate in this area is an indicator for both the sophistication of the scholarly discussion and the uncertainty of those who are trying to understand and explain the European integration project. For students who are just learning about the field, trying to untangle that complexity is even more challenging. The difficult task for teachers and instructors is finding ways to introduce students to the institutional framework and the related legislative processes of EU decision-making, and thereby help to facilitate their understanding of the nature of the Union. The purpose of this study is to suggest an alternative teaching method. The simulation “EU Chocolate Directive,” can provide participants with the tools necessary to negotiate more effectively at the EU level.
TWAIL: An Epistemological Inquiry
Authors: Parmar Pooja
Published: July 2010

This paper argues that a particular critical conceptualization based on a focus on Third World peoples, their resistance and their histories offered by TWAIL holds immense potential for formulating alternative international legal theories, in general, and human rights theories in particular. However, it further argues that this potential remains unexplored and cannot be realized unless the search for alternative epistemologies also becomes an integral part of TWAIL.
The Future of Women's Rights from a TWAIL Perspective
Authors: Fagbongbe Mosope
Published: July 2010

International human rights law has yet to deliver on its promise to Third World women. This short essay focuses on the challenges that the concerns of Third World women pose to TWAIL scholars. Considering the continuing marginalisation of many women, the essay suggests the need to strengthen critical feminist TWAIL perspectives in order to contribute significantly to the overall TWAIL agenda and international human rights law.
e Historical Jesus and Oaths: A Response to Donald A. Hagner and Jonathan Klawans
Authors: Meier John
Published: July 2010

This essay responds to the evaluations of the essay, 'Did the Historical Jesus Prohibit All Oaths?' by John P. Meier, published in two parts in JSHJ 5.2 (2007) and 6.1 (2008). Agreement is found in the conclusion that the historical Jesus did prohibit all oaths. Points of disagreement are explored.
Eyewitnesses and the Oral Jesus Tradition
Authors: Dunn James
Published: July 2010

Dunn responds to critiques by Birger Gerhardsson and Richard Bauckham of his thesis in Jesus Remembered (2003) regarding the early oral Jesus tradition. He agrees with Gerhardsson's emphasis on the oral Jesus tradition as taught, but questions his unwillingness to recognize the character of the 1st century oral Palestinian culture and of the Jesus tradition. He agrees with Bauckham's emphasis on eyewitnesses to explain especially the beginning of the traditioning process, but questions the extent to which the tradition was explicitly attributed to eyewitnesses, and argues that his own thesis also covers the cases where the oral Jesus tradition was being passed on by teachers at some remove from the eyewitnesses. The starting point remains the character of the Synoptic tradition, as 'same yet different', and the challenge remains to explain that character in the most historically responsible way.
Morton Smith as M. Madiotes: Stephen Carlson's Attribution of Secret Mark to a Bald Swindler
Authors: Pantuck Allan , Brown Scott
Published: July 2010

In 1960, Morton Smith announced that he had discovered in the Mar Saba monastery tower library a fragment of a previously unknown letter of Clement of Alexandria containing excerpts from a longer version of the Gospel of Mark that Smith called the 'Secret Gospel of Mark'. Controversial since its publication in 1973, this discovery has recently been criticized in print as both an academic hoax and a malicious forgery. This paper uses newly discovered manuscript photographs and archived documents to refute a claim found in Stephen C. Carlson's The Gospel Hoax, namely that Smith invented a pseudonymous twentieth-century individual named 'M. Madiotes' as an elaborate and deliberate clue that he himself had forged the letter of Clement.
Textual Criticism and the Historical Jesus
Authors: Bird Michael
Published: July 2010

This study argues that historical Jesus research needs to pay greater attention to the field of textual criticism and study of early Christian manuscripts. It is accordingly argued that the field of textual criticism impacts historical Jesus studies in at least three ways: (1) the textual integrity of the New Testament and the possibility of historical Jesus research; (2) the significance of the agrapha; and (3) text-critical contributions to historical issues in life of Jesus research.
On Proving Too Much: Critical Hesitations about Richard Bauckham's Jesus and the Eyewitnesses
Authors: Catchpole David
Published: July 2010

Richard Bauckham's book, Jesus and the Eyewitnesses, while breaking new ground in many details, sets up an a priori approach to the Gospel traditions which has difficulty in coping with the textual phenomena which form the basis of an a posteriori approach. Discussion of selected examples suggests the vulnerability of the hypothesis and the necessity of a less trusting, more critical and firmly tradition-historical perspective.
Jesus' Resurrection in a Social-Scientific Perspective: Is There Anything New to be Said?
Authors: Craffert Pieter
Published: July 2010

Recent overviews confirm that for decades the scholarly debate about Jesus' resurrection have centred on the question whether or not it refers to an actual event in history. Despite an endless stream of publications no real new answers have been found by those affirming and those denying a literal, bodily resurrection. A social-scientific perspective is described as that approach informed by historical consciousness and the affirmation of multiple cultural realities. From this point of view, the textual data on the visionary encounters are taken as evidence for the reality of Jesus' resurrection as a cultural event but without claiming universal validity. Like many examples of intentional objects, constituting cultural reality for subjects sharing a cultural system, it is suggested that Jesus' resurrection should be seen as such a reality. Thus it is suggested that a social-scientific perspective offers an alternative framework for understanding the resurrection, and consequently for a renewal of the scholarly debate.
Printing, Patronage and Prayer: Art Historical Issues in Three Responsa
Authors: Mann Vivian , Chazin Daniel
Published: July 2010

"Printing, Patronage and Prayer: Art Historical Issues in Three Responsa" presents texts from 16th-century Italy, 17th-century Bohemia, and 20th-century Russia that explore the following issues: the impact of the new technology of printing on Jewish ceremonial art and limits to the dedication and use of art in the synagogue.
Jewish Art, Jewish art
Authors: Wharton Annabel Jane
Published: July 2010

As the Jews have always produced art, the question arises, why is the notion of a Jewish Art so problematic? No effort is made in this paper to review or summarize the arguments for or against "Jewish Art." Rather, it attempts a modest shift in the terms of the debate. The essay addresses the question by considering the historiography of Jewish art in relation to both the End-of-Art debates and the Holocaust industry.This paper offers a provisional answer to the question: Why has Jewish art never managed to become Jewish Art? The End of Art debate conditions the discussion; the institutions of Jewish art provide its substance.
Palaces of Time: Illustration of Sifre Evronot
Authors: Carlebach Elisheva
Published: July 2010

Jewish computus manuscripts in the early modern period were illustrated with a rich, original and unique iconographic program. These images have not previously been understood nor systematically interpreted. This article introduces the genre and provides a survey of its illustrations. It argues that the images complemented the messages in the text, particularly those concerning the antiquity and sanctity of the calendar and the valorization of the Jewish calendar above others.
NGOs at the World Court: Lessons from the past
Authors: Leroux Nicolas
Published: July 2010

An inquiry into the previous history of the Court's involvement with non-governmental organizations shows that neither the PCIJ nor the ICJ were entirely immune to submissions by non-governmental entities before the 1990s. The examination of these submissions and their subsequent treatment by the Court remains extremely fruitful as far as any conceptual framework for the participation of NGOs is concerned. This article first considers the practice of the PCIJ related to non-state organizations (I), before dwelling on the treatment of NGOs by the International Court of Justice from 1947 to 2003 (II) and finally considering the new 'regime' set out by the 2004 Practice Directions (III).
Doing the Right Thing for the Right Reason – Why Dynamic or Static Approaches Should be Taken in the Interpretation of Treaties
Authors: Linderfalk Ulf
Published: July 2010

In the interpretation of treaties, according to Article 31 of the 1969 Vienna Convention, interpreters shall pay primary regard to conventional language and to "relevant rules of international law applicable in the relations between the parties". Applying this provision, it is obvious that interpreters will sometimes face questions of an inter-temporal nature. What law or what language should be brought to bear on the interpretation process, exactly? The one that existed when the interpreted treaty was concluded? Or the one that exists at the time of interpretation? Over the last 30 years, international law doctrine has increasingly come to favour a rather lax approach to this issue. As the prevailing theory contends, different choices should be made depending on the particular treaty interpreted. The present article inquires into the reasons justifying this theory. As argued extensively, although there are certainly good reasons to agree with what the current legal doctrine contends, those good reasons are not the ones commonly invoked: the doctrine of inter-temporal law, as expressed in the Island of Palmas Arbitration, and the two decisions of the International Court of Justice in Namibia and the Aegean Sea Continental Shelf Delimitation, respectively. The supportive reasons lie elsewhere. As argued in the present article, it is imperative that international lawyers come to understand this; particularly if we consider it important that all inter-temporal problems – including those obviously foreseen in the international law literature – are resolved consistently.
Nihil Novum Sub Sole Since the South West Africa Cases? On Ius Standi, the ICJ and Community Interests
Authors: de la Rasilla del Moral Ignacio
Published: July 2010

The Democratic Republic of the Congo v Rwanda Judgement of 3rd February 2006 marked the first occasion in which the International Court of Justice expressly pronounced on the jus cogens character of a norm of international law. The Court did also expressly extend, for the first time, the scope of the principle of consensual jurisdiction to cover the relationship between peremptory norms of general international law and the establishment of the Court's jurisdiction. Against this backdrop, this piece revisits some of the main ICJ milestones regarding community interests in light of recent doctrine on the question of ius standi in disputes involving obligations erga omnes and jus cogens norms. It does so in order to examine the main alternatives put forward by the doctrine to circumvent the requirement of state consent for the protection of community interests by jurisdictional means at the international level.
Rhetoric and Reality: The World Bank Development Policies, Mining Corporations, and Indigenous Communities in Latin America
Authors: Munarriz Gerardo
Published: July 2010

Relying on critical legal approaches, in particular TWAIL and the work of Indigenous scholars, this paper analyzes the extent to which the World Bank's notion of "development" and its promotion of the expansion of market-based legal reforms in Latin American countries have benefited transnational corporations (TNCs) to the detriment of Indigenous Peoples. It argues that the World Bank's policy-based lending programmes and market-oriented legal framework since 1980 have contributed to an expansion of corporate mining activities, which have caused not only forced displacement and further impoverishment of numerous Indigenous communities but have also directly contributed to the destruction of their cultures and the environment they inhabit. Furthermore, the World Bank's normative operational policies and practices on issues affecting Indigenous Peoples have provided a legal framework and mechanisms that "manage" affected Indigenous communities in ways that further the dispossession of their lands and natural resources.
The United Nation's Role in Post-Conflict Constitution-Making Processes: TWAIL Insights
Authors: Sripati Vijayashri
Published: July 2010

This essay analyzes how Third World Approaches to International Law (TWAIL) insights have illuminated some but not all themes relevant to understanding post-Cold War internationalised constitution-making processes such as those of Afghanistan and Iraq and the United Nation's (UN) constitutional support therein. It argues that the UN's constitutional support has evolved into an established practice and that the need to interrogate the very idea of the internationalisation of constitution-making, – essentially a domestic process – places the legitimacy of, and the explanations offered for such support into question. It concludes that given its historic opposition to and commitment to end the exploitative relations between the Western powers and the Third World and all contemporary colonial forms in the Third World, TWAIL is the best optic through which the UN's constitutional support in general and its role in the constitution-making process of Afghanistan, in particular, may be examined. For only then can the broader historical and ideological aspects and colonial continuities fundamentally significant to understanding internationalised constitution-making processes and the UN's role therein be uncovered.
From Haiti to Somalia: The Assistance Model and the Paradox of State Reconstruction in International Law
Authors: Saul Matthew
Published: July 2010

This article is an attempt to draw attention to the nature of the assistance model of state reconstruction and its significance for the UN system. Traditional international legal doctrine identifies valid state consent with an effective domestic government. Moreover, effective control remains the means for applying the legal right of self-determination for the population of a state as a whole. Nonetheless, a frequently adopted paradigm for large-scale international involvement in the reconstruction of an ineffective state operates through the consent of an ineffective government. The assistance model is found in the recent past of Haiti (1994–1997; 2004–), Sierra Leone (1998–2005), Liberia (2003–), Afghanistan (2001–), in Iraq following the formal end of the belligerent occupation (2004–), and there are signs that it could soon be pursued in Somalia. To reveal how the assistance model of state reconstruction in fact relates to the political independence of the target state and its people, the key features of the assistance model and related legal issues are addressed. The main argument is that while the assistance model appears unremarkable, in fact it offers little protection for political independence and as a consequence puts at risk the core values of the UN system of self-determination of peoples and international peace.
Delineating the Normativity of Equity in International Law
Authors: Gourgourinis Anastasios
Published: July 2010

The role of equity and equitable principles in international adjudication has long been subject to debate in international legal scholarship, one of the main reasons being the obscurity in properly identifying the normative foundations of equity in international law. This study addresses this issue in specific by providing a three-tier analytical discourse with a view to delineate equity's normativity. In this sense, it is, first, acknowledged that equity has been envisaged as forming part of the wider corpus of positive international law; then, equity is examined vis-à-vis the doctrine of “sources”; finally, the analysis turns to the “routes of entry” of equity in international law, i.e. via treaty, custom, and, most prominently, equitable principles, themselves “general principles of law” of Art. 38(1)(c) of the I.C.J. Statute.
Remarks on Sovereignty in the Evolving Constitutional Features of the International Community
Authors: Tanzi Attila
Published: July 2010

The present article offers a summary overview of the evolutions of the modern international legal setting focusing on its constituent legal pillars. Such pillars, based on the evolving concept of sovereignty and on the basic rules on recognition, are considered in their constituent nature, irrespective of their conformity, or not, with domestic constitutional models and of the recent discourse on constitutionalism. On the one hand, the analysis considers the evolving normative constraints on sovereignty placed by the law-making process carried out by sovereign nation-states in the pursuit of both their individual interests on the basis of reciprocity and of global solidarity through jus cogens rules. On the other hand, the limitations of this normative process are emphasized, so as to indicate the largely aspirational nature of the legal dynamics. The tensions between the equality attribution to sovereignty and recurring hegemonic attempts ‐ from the Napoleonic to the US neo-imperialist ones ‐ and their impact on international law are also looked at in a historical perspective with a view to acquiring the means to decipher the present and perspective dynamics of redistribution of power on the international scene. Finally, the article addresses the ongoing legal discourse on the paradigm of sovereignty expressing scepticism on alternative models as better tools for enhancing good international governance. It is suggested that the existing governmental model should be fully put to fruition through the full awareness of civil society and the enhancement of governmental accountability ‐ in international and domestic affairs, alike ‐ through the legal principle of due diligence.
Inside Out or Outside In? Examining Human Rights in Situations of Armed Conflict
Authors: Guild Elspeth
Published: July 2010

What duties do states have to individuals who suffer as a result of armed conflict? While the International Court of Justice has stated that the protection offered by human rights conventions does not cease in case of armed conflict, it has not provided any clarity on how this is to be interpreted. This article examines how the European Court of Human Rights has interpreted the duty of a state to guarantee human rights to persons in whose territory the state is engaged in armed conflict.
The International Court of Justice and Nongovernmental Organizations
Authors: Shelton Dinah
Published: July 2010

The role that the non-governmental organizations can play with respect to the proceedings in front of the International Court of Justice has been always a thorny issue. The, relevantly recent, Practice Direction XII has not substantially ameliorated this situation. Although providing an avenue for the views of civil society to be represented, it can also be argued that from an interpretative point of view it is more restrictive than the Statute of the Court itself, a fact which reinforces the debate on the advantages and pitfalls of an amendment of the Statute of the Court. However, other problems remain; the definition of international organization, whether it includes NGOs as well or not, seems to differ not only from tribunal to tribunal e.g. PCIJ and ICJ but also from case to case. Other possibilities of submitting information to the Court, as for instance as experts, have been rarely put to use. The possible benefits of a greater participation of NGOs in the international judicial process have, nevertheless, up till now not changed the most likely of NGO submissions; they either end up being placed to the Peace Palace Library for consultation purposes or they are more seriously considered but only through the intermediary of a State involved in the proceedings.
History of International Law and Western Civilization
Authors: Gozzi Gustavo
Published: July 2010

This paper discusses the origins 19th-century international law through the works of such scholars as Bluntschli, Lorimer, and Westlake, and then traces out its development into the 20th century. Nineteenth-century international law was forged entirely in Europe: it was the expression of a European consciousness and culture, and was geographically located within the community of European peoples, which meant a community of Christian, and hence "civilized," peoples. It was only toward the end of the 19th century that an international law emerged as the expression of a "global society," when the Ottoman Empire, China, and Japan found themselves forced to enter the regional international society revolving around Europe. Still, these nations stood on an unequal footing, forming a system based on colonial relations of domination. This changed in the post–World War II period, when a larger community of nations developed that was not based on European dominance. This led to the extended world society we have today, made up of political systems profoundly different from one another because based on culture-specific concepts. So in order for a system to qualify as universal, it must now draw not only on Western but also on non-Western forms, legacies, and concepts.
Locating Third World Resistance in the International Law on Foreign Investment
Authors: Odumosu Ibironke
Published: July 2010

The international law on foreign investment incorporates several categories of actors within its domain, some traditional, others non-traditional. These actors' engagement with the law is situated within, and at the same time, challenges strategies of interaction that delineate the inside and outside of the international law on foreign investment. The engagements facilitate the development of the law on three norm levels – participation, interaction and regulation. The impact of grassroots movements' activities and frames, even if limited, on the development of these norm levels suggests that the international law on foreign investment and Third World resistance are more mutually constitutive than they seem at first glance.
Caught Between National and Supranational Values: Limitations to Judicial Cooperation in Criminal Matters as Part of the Area of Freedom, Security and Justice within the European Union
Authors: den Hollander Olivia
Published: July 2010

Currently, the European Union is based on both supranational (first pillar) and international (second and third pillar) law. The third pillar signifies police and judicial cooperation in criminal matters and although formally based on international law, it has been under increasing "supranational pressure" by the developments in the "Area of Freedom, Security and Justice". This Area is focused on a set of common values and principles closely tied to those of the single market and its four "freedoms". The main argument of this article is that the legal framework of the third pillar is an impediment to judicial cooperation in criminal matters in general, and to the coordination of conflicts of jurisdiction and the principle of ne bis in idem in particular. The legal framework of the third pillar finds itself in the middle of an identity crisis, since it can neither be identified as a traditional intergovernmental, nor as a supranational institutional framework. Criminal law is a politically sensitive matter, which on the one hand explains why the EU member states are reluctant to submit their powers over the issue to the European level and on the other hand, it implies that if the EU member states really want to cooperate on such an intensive level, they will have to submit some of their powers in order to strengthen EU constitutional law. The article suggests a reform of the third pillar through the method of "communitization", which is exactly what will happen in case the EU Reform Treaty will enter into force. This would offer the ingredients for a true international community in which the ambitious agenda of the Area of Freedom, Security and Justice can realise its aim of a common set of values and principles which supersedes those of each of the member states individually.
War's Legacy in International Investment Law
Authors: Gathii James Thuo
Published: July 2010

This article discusses the role war has played in shaping the rules of international investment law from the late nineteenth century. At the end of the nineteenth century and the beginning of the twentieth century, the move towards institutions, such as arbitration forums, and rules as an alternative to the use of force gave new impetus to the growth of international commercial law and related institutions. These rules and institutions represented the hope that the use of force would be eclipsed as States moved forward towards more cooperative, consensual and non-coercive mechanisms of dispute settlement. Capital-importing states in Latin America however became acutely aware that these institutions and rules did not completely erase the coercive and uneven relations they had with capital-exporting states. In era after era of reformism from the Calvo era, to the NIEO and to the era in opposition to neo-liberal economic governance, capital-importing States have continued to resist and sometimes adapt to the coercive realities of the rules of international investment law. The article begins by tracing the origin of the Drago doctrine as a response to the practice of European states that engaged in aggression and conquest against militarily and economically weaker Latin American states as a means of collecting debts owed to their citizens. It then shows that while the denouement of forcible measures to resolve contract debt was overstated by early twentieth century international lawyers, international law nevertheless provided avenues for dispute settlement outside the use of force in international commercial relations. Thus while protecting commerce from the scourge of war was a primary inspiration for the post-Second World War international economic order, the author shows how war has nevertheless continued to be an animating factor for former colonies particularly with regard to their State responsibility for war damage in the context of foreign investment.
Experience, Temporality and History
Authors: Carr David
Published: July 2010

Philosophers' reflections on history have been dominated for decades by two themes: representation and memory. On both of these accounts, historical inquiry is divided by a certain gap from what it seeks to find or wants to know, and its activity is seen by philosophers as that of bridging this gap. Against this background, the concept of experience, in spite of its apparent rootedness in the present, can be revived as a means of thinking about our connection to the past. After examining variants on the concept of experience, with special attention to its temporality, I argue in this essay that experience can be said to furnish a connection to the past that underlies both memory and representation.
Kant's Biological Conception of History
Authors: Cohen Alix
Published: July 2010

The aim of this paper is to argue that Kant's philosophy of biology has crucial implications for our understanding of his philosophy of history, and that overlooking these implications leads to a fundamental misconstruction of his views. More precisely, I will show that Kant's philosophy of history is modelled on his philosophy of biology due to the fact that the development of the human species shares a number of peculiar features with the functioning of organisms, these features entailing important methodological characteristics. From this main claim will follow three further claims: (1) Kant's teleological view of history is not simply based on ethical considerations that have to do with the moral progress of the human species; rather, it stems from his conception of teleology as developed in his philosophy of biology. (2) Kant's philosophy of history allows for the practice of scientific history. In this sense, Kant's view of history is not merely teleological but involves a mechanical (and thus empirical) element. (3) Just as teleology is useful for furthering mechanical accounts of biological phenomena, teleological history is useful for scientific history.
Understanding Genealogy: History, Power, and the Self
Authors: Saar Martin
Published: July 2010

The aim of this article is to clarify the relation between genealogy and history and to suggest a methodological reading of Nietzsche's Genealogy of Morals. I try to determine genealogy's specific range of objects, specific mode of explication, and specific textual form. Genealogies in general can be thought of as drastic narratives of the emergence and transformations of forms of subjectivity related to power, told with the intention to induce doubt and self-reflection in exactly those readers whose (collective) history is narrated. The main interest in understanding the concept of genealogy and revisiting Nietzsche's introduction of it into philosophy lies in understanding how a certain way of writing and a certain textual practice function that successfully call into question current judgments, institutions and practices. Nietzsche's example, I argue, can provide a paradigm for a critical practice that accounts for historical processes of subject formation in terms of power and turns them against given forms of subjectivity.
Performativity and the Intellectual Historian's Re-enactment of Written Works
Authors: Tyler Colin
Published: July 2010

This article develops and defends a performative conception of historical re-enactment as a fruitful method by which intellectual historians can interpret texts. Specifically, it argues that, in order to understand properly any given text, the intellectual historian should re-enact the performative activities of the writer of that text. The first section analyses one of the most influential and powerful theories of historical re-enactment, namely that found in the later writings of Robin George Collingwood. Drawing on Wittgenstein's theory of family resemblances, certain key insights are identified in Collingwood's theory. Crucially, certain limitations are also stressed. The second section argues that an alternative theory of re-enactment can be developed by drawing on Judith Butler's theory of "performativity". The interpretative implications of a writer's genre, mode of experience, presuppositions, deliberate inventiveness and unintended failures are highlighted. The particularized nature of texts is shown to problematize the writing of unilinear histories of written debates. The article concludes by summarizing briefly the key methodological implications of performative re-enactment as they have been identified in the body of the article.
Towards a Theory of Social Practices
Authors: Zhok Andrea
Published: July 2010

The notion of social practice and a family of notions akin to it play an essential role in contemporary philosophical reflection, with particular reference to the conceptualisation of historical processes. Stephen Turner's book A Social Theory of Practices (1994) has provided a major challenge to this family of notions, and our purpose is to outline a grounding account of the notion of social practice in the form of an answer to Turner's criticisms. We try to answer three questions: first, if it is necessary to grant a tacit dimension to transmittable habits; second, if and how a tacit dimension of "meaning" could be intersubjectively transmitted; third, what is the possible role of rationality in changing social practices. Our discussion moves from Wittgenstein's argument on rule-following; in its wake we try to examine the nature of habits as a basis for rules and discuss their temporal sedimentation, inertia and modes of intersubjective transmission. In conclusion we support the idea that social practices must rely on a tacit dimension, that their tacit dimension does not represent a hindrance to intersubjective transmission, and that the possible dogmatism of social practices is not due to their "hidden" side, but to their explicit quasi-rational side.
Linguistic Epiphenomenalism ‐ Davidson and Chomsky on the Status of Public Languages
Authors: Nevo Isaac
Published: July 2010

The aim of this paper is to highlight an individualist streak in both Davidson’s conception of language and Chomsky’s. In the first part of the paper, I argue that in Davidson’s case this individualist streak is a consequence of an excessively strong conception of what the compositional nature of linguistic meaning requires, and I offer a weaker conception of that requirement that can do justice to both the publicity and the compositionality of language. In the second part of the paper, I offer a comparison between Davidson’s position on the unreality of public languages, and Chomsky’s position regarding the epiphenomenal status of “externalized” languages. In Chomsky’s case, as in Davidson’s, languages are individuated in terms of the formal theories that serve to account for their systematic structure, and this assumption rests upon a similarly strong and similarly questionable understanding of what it is to employ finite means in pursuit of an infinite task. The alternative, at which I can only hint, is a view of language as a social and historical reality, i.e., a realm of social fact that cannot be exhausted by any formal theory and cannot be reduced to properties of individual speakers.
Creating the Past: Schelling’s Ages of the World
Authors: Welchman Alistair , Norman Judith
Published: July 2010

F.W.J. Schelling’s Ages of the World has just begun to receive the critical attention it deserves as a contribution to the philosophy of history. Its most significant philosophical move is to pose the question of the origin of the past itself, asking what “caused” the past. Schelling treats the past not as a past present (something that used to be a ’now’ but no longer is) — but rather as an eternal past, a different dimension of time altogether, and one that was never a present ’now’. For Schelling, the past functions as the transcendental ground of the present, the true ’a priori’. Schelling’s account of the creation of this past takes the form of a theogeny: in order to exist, God needed to separate the past from the present. By grounding the creation of the past in a free decision of God, Schelling tries to conceptualize temporality so as to preserve the sort of radical contingency and authentic freedom that he considers essential features of history. In so doing, he opens up a way of viewing time that avoids the pitfalls of the Hegelian dialectic and anticipates some of the 20th century developments in phenomenology.
Europe: Arena of Pluralization and Diversification of Religions
Authors: Kippenberg Hans
Published: July 2010

If participation in church activities is critical for the strength or weakness of religion, there is no denying that Europe comes off poorly. According to American sociologists of religion the rise of religious pluralism in the USA was due to the strict separation between state and church; it compelled congregations and denominations to compete for believers. The European case is different. Here the diversity of religions existed long before the modern period. Since its ancient beginning European culture sought its authorities outside its geographical confines. Greeks and Jews, Hellenism and Hebraism, Athens and Jerusalem, later Mecca and Islam became cultural points of orientation for people living in Europe. The article addresses the cultural and social processes that transformed these and other foreign religious traditions into typical European manifestations: the Roman legal system turned foreign religions into legal categories; it was modernization that led to the articulation of distinctly religious meanings of history and of nature; and it was the detachment from the church that provided the impetus for new societal forms of religion. Those processes are at the center of the European plurality and diversity of religions.
Religious Pluralisation and Institutional Change: The Case of the New Religious Scene in Germany
Authors: Hero Markus
Published: July 2010

Contrary to previous, largely quantitative, studies into the effects of religious pluralisation, this paper will focus on the qualitative changes induced by processes of pluralisation. Taking the German new religious scene as an example, it demonstrates how pluralisation of the supply structure has led to a transformation of forms of religious interaction. Relatively closed organisations, built on clear-cut relationships of affiliation and commitment, find it difficult to compete under conditions marked by pluralisation with more open, more flexible forms of religious interaction that demand less commitment of their followers. In this way relationships within religious groups and organisations gradually have been replaced by customer-oriented patterns of interaction. These new patterns have created a specific religious infrastructure, with religious participation turning away from the traditional membership-based model toward a culture built on access relationships. The access principle leads to the rise of a religious consumerism whereby religious ideas are customised to fit into episodic units which are tailored to the particular needs and circumstances of the followers.
Instrument of Mobilization or a Bridge towards Understanding? Religion and Values in the Reform Process of the European Union
Authors: Mandry Christof
Published: July 2010

The self-understanding of the Europeans has been profoundly put into question since 1989, and during the EU reform process, 'Europe' was confronted by the task of describing itself anew. In this context, the debate about the significance of the religious patrimony took on a key position in the discourse. The broad public discussions of the preambles to the European Charter of Fundamental Rights and the Treaty establishing a Constitution for the European Union (ECT) indicate that the relationship between religion and political remains a controversial issue. The article argues that the 'preamble disputes' are part and parcel of the European Union's quest for a political identity and that the outcome of the identity debate—the self-description as a 'community of values'—deals in a specific way with this fundamental question.
Models of Church-State Relations in European Democracies
Authors: Riedel Sabine
Published: July 2010

European church-state relations are the result of a long democratisation process. The immigration of the Muslim population during the second part of the twentieth century to Western Europe and the democratic transition of the Eastern European political systems after 1990 raise questions on the importance of religious bodies in the public space and their influence on existing church-state relations. This article analyses whether these developments would continue the traditional separation of church and state or put the clocks back towards a new sacralisation of politics.
Church-State Relations in Europe: From Legal Models to an Interdisciplinary Approach
Authors: Sandberg Russell
Published: July 2010

This article contends that scholarship itself has become a barrier to the understanding of church and state relations in Europe. It argues that legal analysis to date has taken an overly narrow approach, focussing purely on the means by which religion is recognised and ignoring the end. The first part of the article elucidates and critiques the three models conventionally elucidated by lawyers (the state church systems, separation (secular) systems and hybrid or cooperationist systems), concluding that an alternative approach is required. The second part outlines an alternative interdisciplinary approach, suggesting the benefits of fusing insights from both law and sociology.
Home Is Where the Murtis Are: A Hindustani Community and Its Temple in Wijchen, the Netherlands
Authors: Nugteren Albertina
Published: July 2010

Whilst the settlement history of Hindustanis in the Netherlands has been relatively well researched, there is no scholarly literature on specific local communities. In this article one specific community is introduced and studied with special attention to its newly built temple. It is argued that having a purpose-built temple causes various shifts in ritual strategies, as well as in representational politics.