bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Prohibition of Oaths and Contra-scriptural Halakhot: A Response to John P. Meier
Authors: Klawans Jonathan 
Published: July 2010

AbstractThe following response to John Meier's article begins by raising initial questions concerning the relationship between oaths and vows, and the criterion of double dissimilarity. The focus then turns to the complicated relationship between the Pentateuch and Jewish legal sources of the Second Temple and Rabbinic periods. It will be suggested that demonstrating Jesus' legal disagreement with either the plain meaning of scripture or other first-century Jewish legal sources does not yield sufficient evidence to claim that Jesus clearly and unambiguously abrogated a matter of Jewish Law. It will also be argued that, in the case of oaths, it is particularly difficult to demonstrate either a contradiction with the Pentateuch or a complete disagreement with the preponderance of contemporary legal sources. Therefore, while Jesus may indeed have prohibited all oaths, this ought not be taken as clear evidence of an abrogation of a matter of Jewish Law.
Can You Trust a Gospel? A Review of Richard Bauckham's Jesus and the Eyewitnesses
Authors: Patterson Stephen 
Published: July 2010

AbstractIn spite of the fact that Richard Bauckham has produced a very learned and well-stated argument, his case for the Gospels as eye-witness testimony is unconvincing. If one assumes the two-source hypothesis, as Bauckham does, there is no point in arguing over Matthew and Luke: their sources (Mark and Q) are clear, and clearly not living eye-witnesses but written sources. Bauckham's arguments that would convince one that at least Mark and John rely upon eye-witnesses ultimately succumb to strong counter indications. The pattern of naming names in the synoptics offers no peculiarities necessitating Bauckham's assertion that they are actually the names of eye-witnesses. The theory of an inclusio of eyewitness testimony falters against the fact that Bauckham's eyewitnesses (Peter for Mark and the Beloved Disciple for John) are not actually present for the crucial events they are to have witnessed. And the shift from plural to singular third person voices would be more convincing if any of our Gospels used a consistent first person voice, singular or plural. Finally, Bauckham's appeal to Gerhardsson's model of a Jerusalem school from which Paul learned to memorize Jesus traditions exposes him to all the objections raised against that earlier argument, for which Bauckham offers no remedy.
Jesus' Messianic Self-Consciousness Revisited: Christology and Community in Context
Authors: Henderson Suzanne Watts 
Published: July 2010

AbstractThis study reconsiders the question of Jesus' messianic self-consciousness in light of his proclamation of God's coming kingdom and its backdrop within Jewish texts that likely influenced or paralleled his own apocalyptic worldview (Second Isaiah, Daniel, the Dead Sea Scrolls, and the Similitudes of Enoch). Evidence mined from Gospel sources suggests that the historical Jesus' mission was both broadly 'messianic'—that is, as one closely associated with God's coming reign—and corporate in thrust—that is, involving others as active participants in that reign. Further, the communal dimension of Jesus' messianic role coheres with the Jewish writings explored here, which consistently situate individual messianic figures in dynamic relationship with the faithful, serving to bridge the chasm between the divine and human realms.
De Predikanten in Holland in 1566
Authors: Vis G.N.M. , Woltjer J.J. 
Published: July 2010

AbstractVoor 1566 vinden we in Holland slechts weinig sporen van een georganiseerde min of meer reformatorische protestantse beweging. Toch ontplooide deze laatste zich in 1566 verrassend snel. Om iets meer van deze beweging te weten te komen, willen wij nagaan welke predikanten er een rol in speelden. Ter inleiding sprokkelen we de schaarse gegevens over protestantse activiteiten in de eerste helft van de jaren zestig bijeen. Omdat binnen Holland het noorden duidelijk een eigen patroon vertoont, behandelen we dit eerst.1 Naast de min of meer reformatorische protestanten waren er ook de doperse protestanten, die al vele jaren georganiseerde gemeenten kenden. Eigenlijk zouden wij dus steeds over 'niet-doperse protestanten' moeten schrijven, maar om stilistische redenen doen wij dat niet en- met excuses aan de doopsgezinden - noemen we deze 'niet-doperse protestanten' protestanten zonder meer.
Border Crossings: Two Installations by Chantal Akerman
Authors: Jenkins Bruce 
Published: July 2010

AbstractBruce Jenkins' essay examines the critical and theoretical grounds for artist and filmmaker Chantal Akerman's interventions both within the cinema and within the space of the gallery. The curatorial perspective posed by Documenta 11 and its focus on "diasporic consciousness" forms the basis for examining Akerman's work through the lens of her experience as the daughter of Holocaust survivors—displaced Polish Jews who ended up in Belgium. Part of what she has called the generation for which the repressed returns, Akerman began to focus on this past in her 1989 feature film Histoires d'Amérique, a loose adaptation of the stories of Isaac Bashevis Singer.Central to the analysis is her 1995 installation Bordering on Fiction, a work noted for its distinctive mode of interdisciplinary practice bridging film and video, projection and monitor display, the darkened hall of the cinema and the white cube of the gallery. Akerman's concerns with finding "other strategies" for dealing with the Holocaust are examined, as is the lucid analysis of her work by the artist Christian Boltanski.The essay lastly examines Akerman's recent film and installation From the Other Side (shown at Documenta 11), which represents a significant shift in perspective and tense. While Bordering on Fiction was a retrospective work searching for a lost past that could be captured only through absences and silence, From the Other Side, by contrast, focuses on the present and unfolds in a manner bordering on reportage.
On the Master-Disciple Relationship in Hasidic Visual Culture: The Life and Afterlife of Rebbe Portraits in Habad, 1798–2006
Authors: Katz Maya Balakirsky 
Published: July 2010

AbstractScholarship on Hasidism typically utilizes literary source material of the dynastic leaders and their top disciples, while the more typical master/disciple relationship has escaped attention. Hasidic movements have produced, distributed, and voraciously consumed visual portraits of their leaders throughout the nineteenth and twentieth centuries. The most visually productive Hasidic community is the Belarusian HabadLubavitch, which has produced images of five of its seven generations of leaders. Indeed, portraits of its leaders have been integral to the development of Habad both in Eastern Europe and its post-Shoah rejuvination in the United States. This paper begins with Habad's visual history from the 1880s release of portrait paintings of the first and third Habad leaders in the effort to establish a unified group identity at a time of factionalism. The survey then moves to Yosef Yitzchak Schneersohn, the sixth Rebbe of Habad, who rallied his followers with the medium of photography. Photography became a central component of his leadership in the 1930s and 1940s. The study then moves to the seventh and last Habad leader, Menachem Mendel Schneerson, who expanded the use of visual culture in Habad and used his own image to forge a post-Shoah group identity around a distinctly American leader who was also the spiritual repository of the six preceding Russian leaders. Schneerson's image production and reproduction began to model American celebrity culture in the early 1970s as part of a public campaign to inaugurate the Messianic Age. This broad dissemination of Schneerson's image inadvertantly created an elastic Schneerson portrait, whose reflexivness, in some respects, transcended its subject.
Towards a Post-Disciplinary Jewish Subject
Authors: Kirshenblatt-Gimblett Barbara 
Published: July 2010

AbstractBy inviting contributions dealing with any kind of visual material from any disciplinary perspective, Images opens up the possibility that art might be studied from any disciplinary perspective and that visual culture might be studied from an art historical point of view. Given the orphan status of Jewish art and visual culture as an object of study, how might the study of Jewish visual culture alter the fields brought to bear on it? Herein lays the opportunity to generate something new with respect both to Jewish visual culture and to visual studies more generally.
The Draft Nordic Saami Convention: Nations Working Together
Authors: Koivurova Timo 
Published: July 2010

AbstractThe article examines the rationale underlying the Draft Nordic Saami Convention submitted by an expert committee to the Nordic governments and the Saami Parliaments in October 2005. The Draft Convention represents an innovative possibility to grow beyond the state-centred paradigm in international relations in a realistic way and thus deserves to be studied even before negotiations on the Convention proper commence. The particular focus of the article is on how the Draft tries to ensure a position that is as equitable as possible for the Saami in relation to the Nordic states.
Law as the Interplay of Ideas, Institutions, and Interests: Using Polyani (and Foucault) to ask TWAIL Questions
Authors: Fakhri Michael 
Published: July 2010

AbstractThis paper sketches out some preliminary thoughts on political economy that stem from problematics that emerge from TWAIL. The TWAIL story of international law is one of frustration and disappointment because of the constant exploitation of the Third World despite all the historic changes in international legal ideas and institutions, but it also a story of hope in the moments of resistance. In order to better debate how particular international institutions should be changed or whether particular international institutions should be renounced, I suggest that we need to explicate the theories of political economy embedded within these institutions. Drawing from Karl Polanyi's The Great Transformation, bringing alongside the work of Michel Foucault, I sketch out one way of conducting a study of international political economy by suggesting that we can think of law as the interplay of ideas, institutions, and interests.
Sacrificing the Effectiveness of the European Convention on Human Rights on the Altar of the Effective Functioning of Peace Support Operations: A Critique of Behrami & Saramati and Al Jedda
Authors: Breitegger Alexander 
Published: July 2010

AbstractThe European Convention of Human Rights is unlikely to be an effective remedy for local individuals alleging human rights violations by European states participating in peace support operations abroad in the future. This conclusion is substantiated by analysing the restrictive and legally flawed stance taken by the European Court of Human Rights in the joint cases of Behrami and Saramati which had not only a precedential effect on this court's own jurisprudence but also on the case of Al Jedda v. UK Secretary of Defence before the UK House of Lords. Ultimately, the decisions in these cases may be understood by the choice to let the rationale of effective functioning of peace support operations prevail over the effectiveness of human rights protection of local individuals.
Sovereign Insolvency and International Legal Order
Authors: Malaguti Maria Chiara 
Published: July 2010

AbstractThe rescue of States in a financial crises has been classically managed by way of official lending, mainly managed by the IMF, where international law played the major role. In most recent cases, to the contrary, this has mainly become a private law issue: since debtors, including sovereign, undertake exposure on a contractual basis, repayment or negotiation of the debt is governed by such same contract. These present a number of pitfalls and shortcomings which have been tried to be solved by a number of solutions. Each of them, however, not only is not fully satisfactory, but cannot take into account all interests at stake. To this end, a number of projects have been elaborated, to regulate the matter at the international level, starting from the Sovereign Debt Restructuring Mechanism of the IMF to other proposals of international bankruptcy codes, none of which has been adopted. The present contribution analyses the consequences of these proposals on sovereignty and how alternative approaches could better respond to international stances while respecting private tools.
Debating the Ouroboros of International Law: The Drafting History of Article 31(3)(c)
Authors: Merkouris Panos 
Published: July 2010

AbstractThe Diversification and expansion of International Law has sparked a series of debates on the present status and future of International Law; even more so, since the ILC decided to tackle the issue of fragmentation. One of the areas of research and controversy has been Article 31(3)(c) of the Vienna Convention on the Law of Treaties which, arguably, enshrines the principle of systemic integration. The aim of this article is to explore the evolution of Article 31(3)(c) from its first inception by the forefathers of international law up to the finalization of the text of the Vienna Convention on the Law of Treaties. By mapping the critical arguments in the three main fora of debate (i.e the Institut de Droit International, the International Law Commission and the Vienna Conference on the Law of treaties) what arises is a series of conclusions with respect to certain aspects of Article 31(3)(c) as well as certain recurring themes in the nature and progress of the discussions. All of the above will show that the drafting history of Article 31(3)(c) seems to suggest that the relevant provision was meant to serve a purpose expressed more concisely by the symbol of Ouroboros rather than of a mere "master-key" to the house of International Law.
The Gastronomics of TWAIL's Feminist Flavourings: Some Lunch-Time Offerings
Authors: Otto Dianne 
Published: July 2010

AbstractThis paper was prepared as a lunch-time key-note address on the relationship(s) between Third World Approaches to International Law (TWAIL) and feminism(s). It reflects on the author's experience, at the Beijing World Conference on Women in 1995, of seeking support from the African Caucus of nongovernmental representatives for the inclusion of references to 'sexual orientation' in the Beijing Platform for Action. The work of Janet Halley is drawn on to formulate a multiple choice 'lunch-time quiz', which sets out possible relationships between feminism and TWAIL. It is argued that although commensurabilities between these two bodies of thought are often difficult to discern, there are other alternatives to 'taking a break' from one in order to engage with the other. The author urges courage to pursue critical insights by interrogating the certainties of both sets of ideas, in order to develop 'a brief' that is powerful enough to challenge the hierarchies and injustices that are taken for granted by so many in the discipline of international law.
The Promise of Solid Ground: Arab Territorial Disputes and the Discourse of International Law
Authors: Burgis Michelle 
Published: July 2010

AbstractWhy have Arab states chosen to solidify their boundaries through International Court of Justice (ICJ) adjudication? What patterns of discourse emerge in reading the pleadings and what can we conclude more broadly about international law's legitimacy in this 'post' colonial era? The following article demonstrates the value of applying critical methodologies to territorial adjudication. In particular, the article reveals how the dichotomy between law and politics is the central linguistic device structuring both legal speech and its silences. Discursive strategies are highlighted to show the extent to which Third World – and especially Arab – experiences continue to be silenced by the conventions of ICJ speech.
Historical Interpretation, Intentionalism and Philosophy of Mind
Authors: Brown Vivienne 
Published: July 2010

AbstractHistoriographic debates keep returning to issues of authorial intention in the interpretation of texts. This paper offers a response to these debates by differentiating between two versions of intentionalism, termed 'substantive intentionalism' and 'formal intentionalism', according to two different senses of 'identity' in the thesis that assigned meaning is identified with authorial intention, such that these two versions of intentionalism imply different ontological commitments to what are construed as the relevant authorial intentions. These distinctions and arguments are then related to the 'historical intentionalism' of Quentin Skinner and Mark Bevir. The paper argues that in practice historical intentionalism ends up reproducing the arguments of formal intentionalism, and it concludes by raising questions about the value of intentionalism for historians.
Dead Questions and Vicarious Understandings: Questioning Gadamer's Genealogy
Authors: Jardine Nicholas 
Published: July 2010

AbstractGadamer's Truth and Method emphasises the priority of engagement with questions in the process of interpretation; however, there are passages which appear dismissive of concerns with 'dead' scientific and philosophical questions. Here I argue that Gadamer's work is nevertheless an important resource for the historical study of the genesis and dissolution of questions. This type of study can overcome the divide between internal history of contents and external history of contexts. In both philosophy and the sciences, reflection on the genealogy of questions is, I suggest, crucial for our critical awareness of current methods and agendas.
The Musicality of the Past: Sehnsucht, Trauma, and the Sublime
Authors: Wurth Kiene Brillenburg 
Published: July 2010

AbstractThis paper argues that the sublime feeling can only announce itself as a paradoxical mixture of pain and pleasure in an experience of a lost or irrevocable past. Presenting the typical evanescence and inevitable deferral of the past in musical terms, this paper rewrites the sublime feeling as a musical feeling: a suspended feeling wavering in-between apparently opposite intensities of tension and respite. This suspended feeling is analyzed through a juxtaposition of the sublime with Sehnsucht, or the potentially endless longing for an irretrievable past, and trauma, or the potentially endless rehearsal of an unforgettable past.
The Disappearance of the Empirical: Some Reflections on Contemporary Culture Theory and Historiography
Authors: Roth Paul 
Published: July 2010

AbstractThis paper surveys the parallel fates of the notion of the empirical in philosophy of science in the 20th century and the notion of experience as evidence in one important line of debate in historiography/philosophy of history. The focus concerns the presumably crucial role some notion of the empirical plays in the assessment of knowledge claims. The significance of 'the empirical' disappears on the assumption that theories either determine what counts as experience or explain away any apparently discordant evidence. One consequence of this has been the suggestion that the analysis of meaning somehow replaces or supplants that played by evidence qua fact. This dispute impacts in parallel ways the turf wars between philosophers of science and practitioners of science studies as well as disputes in historiography between literary theorists and those not so kindly disposed. The parallels suggest why historiographic debate has stalled for three decades.
Ideal Types as Hermeneutic Concepts
Authors: Kedar Asaf 
Published: July 2010

AbstractMy paper sets out to demonstrate that Weber's ideal-typical theory of concept formation, subject to certain modifications, is compatible with the principles of philosophical hermeneutics and is therefore a valuable strategy of concept formation for interpretive historical inquiry. The essay begins with a brief recapitulation of the philosophical-hermeneutic approach to the human sciences. I then chart out the affinities as well as the discrepancies between philosophical hermeneutics and Weber's theory of the ideal type. Against this backdrop, I proceed to offer a number of correctives and additions to Weber's theory so as to tighten its fit with philosophical hermeneutics. First, I argue that the ideal type's proper logic of concept formation is a logic of significance rather than a logic of commonality. Second, I claim that the relationship between the various empirical cases to which a given ideal type is (or can be) applied is a Wittgensteinian relationship of family resemblance. Finally, I present two main kinds of epistemological functions that ideal types can fulfill within the framework of historical inquiry: argumentative and orientational-clarificatory.
Interpretivism in Jurisprudence: What Difference Does the Philosophy of History Make to the Philosophy of Law?
Authors: Choi Naomi 
Published: July 2010

AbstractTo answer the question of what difference the philosophy of history makes to the philosophy of law this paper begins by calling attention to the way that Ronald Dworkin's interpretive theory of law is supposed to upend legal positivism. My analysis shows how divergent theories about what law and the basis of legal authority is are supported by divergent points of view about what concepts are, how they operate within social practices, and how we might best give account of such meanings. Such issues are widely debated in the philosophy of history but are often overlooked in jurisprudential circles. When the legal positivist approach to meanings is contrasted with Dworkin's interpretivism it is clear that what is needed is an alternative to both, in the form of what we might call "historical meanings" and "historical interpretation". While Dworkin's interpretivism gets it right that legal positivism is an inadequate philosophy of law to the extent that it is committed to a "criterial semantics" view of concepts, this paper argues that post-positivism in the philosophy of law need not entail a normative jurisprudence, as Dworkin would have it.
What is Genealogy?
Authors: Bevir Mark 
Published: July 2010

AbstractThis paper offers a theory of genealogy, explaining its rise in the nineteenth century, its epistemic commitments, its nature as critique, and its place in the work of Nietzsche and Foucault. The crux of the theory is recognition of genealogy as an expression of a radical historicism, rejecting both appeals to transcendental truths and principles of unity or progress in history, and embracing nominalism, contingency, and contestability. In this view, genealogies are committed to the truth of radical historicism and, perhaps more provisionally, the truth of their own empirical content. Similarly, genealogies operate as denaturalizing critiques of ideas and practices that hide the contingency of human life behind formal ahistorical or developmental perspectives.