bluuebunny/crossref_metadata_2025_split huggingface dataset:
Anti-Semitism in the Miracle Tales of the Virgin
Authors: Stone Carole 
Published: April 2008

AbstractFantasy is a force in the anti-Semitic portrayals of Jews in medieval Christianity's miracle tales. Christians told these tales in order to forge a collective identity in which the Jew became the Other. This paper addresses Christian fantasies about Jews as well as the cultural and historical circumstances that made the tales popular. The three tales chosen for discussion- "The Child Slain by the Jews," The Jewish Boy," and "The Merchant's Surety"-demonstratc how anti-Semitic tales were useful in helping Christianity foster survival.
Faith and Fantasy: the Texts of the Jews
Authors: Weinhouse Linda 
Published: April 2008

AbstractIn the mystery plays, in the Miracles of the Virgin, and in the work of Chaucer, Marlowe, and Shakespeare, Jews are seen in light of Christian teachings which depicted them as corporeal, often depraved, beings unwilling to accept the spiritual truths embodied in Christ. This paper analyzes the lamentations/kinot written by Hebrew liturgical poets to mourn the Jewish victims of the crusaders who, on their way to fight the Muslim infidels, decided to rid themselves of the Jewish infidels in their midst. When the images that the Jews used to describe themselves and their enemies in these poems are juxtaposed alongside the images of the Jews in one salient example of anti-Semitism in early English literature, Chaucer's Prioress's Tale, a picture of the theological and spiritual battle between medieval Jews and Christians, underlying the literary works produced by poets of both faiths, emerges. In addition, an analysis of these Kinot introduces a voice long ignored in English studies, that of the Jews, who were not merely convenient images of the adversary, but living beings who had their own understanding of themselves, far different from that of their Christian neighbors, and of the faith for which they were willing to renounce their lives.
How new is neo-phenomenology? A comparison of the methodologies of Gerardus van der Leeuw and Jacques Waardenburg
Authors: Daniels John 
Published: April 2008

AbstractIn this article, an attempt is made to relate the "intuitive" classical phenomenology of Gerardus van der Leeuw and the neo-phenomenology of Jacques Waardenburg. An outline of van der Leeuw's methodology is presented along with a summary of Waardenburg's critique. An account is then given of Waardenburg's alternative approach. When the two methodologies are juxtaposed, two points of convergence emerge. The first relates to the non-empirical nature of meanings; the second relates to the need to reconstitute the believer's world in order to gain understanding of phenomena. Discussion suggests that both methodologies entail the combined use of Erklären ['explanation'] and Verstehen ['understanding'] in explicating meanings. The conclusion is ventured that neo-phenomenology can be plausibly viewed as a modification of van der Leeuw's approach which is distinguished by greater hermeneutical sensitivity.
Who owns 'culture'?1
Authors: Lawson E. Thomas , McCauley Robert N. 
Published: April 2008

AbstractNo one owns the concept 'culture'. Anthropology's long-standing proprietary claim on the concept rests on three sorts of contentions - none of which are convincing. Anthropology's overwhelmingly interpretive approaches to cultural materials have led to a preoccupation with the details of cultural materials at the expense of formulating explanatory theories. This has, among other things, rendered fieldwork experience sufficient for professional credentials. However, if the details are all that matter, then comparative and cross-cultural research, as well as most of the social sciences, make no sense. Contrary to this view, it is proposed here that theories reveal which details matter. Cognitive accounts of the sort we advanced in Rethinking Religion (1990) offer a firm theoretical basis for cross-cultural study of religious materials. Other types of research concerning non-human primates, early childhood development, and various social and cognitive impairments also offer insight into culture (without relying on fieldwork studies).
A critique of "religion" as a cross-cultural category1
Authors: Fitzgerald Timothy 
Published: April 2008

AbstractThis article has three related purposes. One is to argue the inadequacy of the concept of religion as an analytical concept. I point to vagueness and imprecision in the use of the notion of religion in religious studies texts and I also refer to my own research in India and Japan to substantiate my claim that religion is virtually useless as a cross-cultural analytical concept. The second purpose is to suggest ways of representing and re-representing the extensive and important work which is being produced by scholars who work in religion departments. I also try to place my argument in a wider context of western ideology. I conclude that the confusion generated by the concept of religion cannot be explained only as a category mistake. Instead, it is better understood as a form of mystification generated by its disguised ideological function.
Somewhere Over the Rainbow? Cosmogony and Mystical Decreation
Authors: Pyysiainen Ilkka 
Published: April 2008

AbstractReligious answers to the question of how the world has come into being fall roughly into two categories: mythical narratives and doctrinal formulations based on cosmogonical mythology. In explaining how the world has come into being, such myths and doctrines also tell us something about the conditions before the world was created. David Herbst's "co-genetic" logic is used to explain why we are prone to think that if the world is a spatio-temporal entity, there has to be a "not-world" before and beyond it. Within Christianity and Buddhism, for example, the so-called introvertive mystical experience is believed to liberate mystics from what is created or what has come into being and thus to lead them to some kind of "not-world". Various representations of "not-world", like 'God' and 'nirv' na', are here interpreted as conceptual postulates necessitated by "co-genetic logic". It is argued that certain aspects of cosmogony and mysticism can be best explained as following directly from the nature of human cognition.
A Cognitive Approach To Ritual: New Method or No Method At All?
Authors: Levine Michael P. 
Published: April 2008

AbstractLawson and McCauley (1993: 201) claim that "historians of religion and many anthropologists have adopted strategies in addressing their crisis of identity that lead to truncated views of religious phenomena... [and] that a less restricted view of religious phenomena will suggest an approach in the study of religion which neither ... have adequately explored". An examination of their theory shows that despite an insightful diagnosis of methodological disarray, their recommended palliative fails. Their approach is not even useful.
Investigation, Detention and Release of Foreign Vessels under the UN Convention on the Law of the Sea of 1982 and Other International Agreements
Authors: Anderson David H. 
Published: April 2008

AbstractThe UN Convention on the Law of the Sea contains (or makes reference to) many provisions about the investigation, detention and release of vessels. The detention and failure to release a vessel may lead to a dispute which could come before an international court or tribunal, in which case the release of the vessel on bail could be sought as an interim measure of protection (Art. 290). The special procedure for release contained in Article 292 is available only when it can be shown that the detaining state has not complied with the specific provisions of the Convention for the prompt release of the vessel and its crew on bail or upon the posting of a reasonable bond or similar financial security. These provisions are contained, directly or indirectly, in: Article 73, concerning the release on bail of fishing vessels; Article 220(7), concerning the release on bail in cases of suspected violations of MARPOL; Article 226(1)(b), concerning the release on bail of vessels suspected of having violated prohibitions of dumping or discharges or regulations of coastal states; Article 226(1)(c), concerning vessels which may present a threat to the environment. In cases other than the above, the special procedure in Article 292 is not available. Instead, a legal dispute may exist which could be referred to a court or tribunal in accordance with the terms of the Convention.
The Right of Self-Determination and Protection of Minorities in Central and Eastern Europe in light of the case-law of the Human Rights Committee
Authors: Nowak Manfred 
Published: April 2008

AbstractThe right of self-determination and protection of minorities in Central and Eastern Europe is discussed in the light of the case law of the Human Rights Committee, which shows that many traditional minorities in Central and Eastern Europe are to be qualified as minorities within the meaning of article 27 of the UN Covenant. The author concludes that the UN Covenant on Civil and Political Rights still remains the only international treaty guaranteeing protection to minorities and providing measures of international supervision. He argues for a common and internationally binding European agreement providing adequate protection against minority rights violations, be it in the framework of the CSCE, Council of Europe or an enlarged European Communities.
Language and territoriality. A summary of developments in Belgium
Authors: Witte Els 
Published: April 2008

AbstractBelgium is a state that is confronted within its border with different groups that have their own language profile. The country appears to have been run as a veritable laboratory for testing several of the possible models and a very complicated pacificatory system has arisen. This summary deals with the origins and the development of three relevant "models": the homogeneous territorial areas, the bilingual capital area and the protected minorities in the boroughs along the language borders.
Protecting minorities in the Conference on Security and Co-operation in Europe (CSCE) process
Authors: Helgesen Jan E. 
Published: April 2008

AbstractThis article gives an analysis of the protection of minorities in the CSCE documents. It explains the historical evolution of the set of norms pertaining to the minority question in the CSCE Process. The author shows how this kind of questions, form the beginning, played a modest role in the crusade for the protection of human rights. Emphasis was on the protection of the individual, not on the group as such. Gradually, however, more importance has been given to the protection of minorities. The author is convinced that the CSCE is an interesting option for those wanting to enhance the international protection of the rights of minorities. He puts particular emphasis on the establishment of the CSCE High Commissioner on National Minorities.
Peace, Human Rights, and Minorities: Multilateral Responses and the CSCE High Commissioner on National Minorities
Authors: Zaagman Rob , Huber Konrad 
Published: April 2008

AbstractThis article attempts to understand concurrent efforts by inter-governmental agencies in the areas of minority protection and ethnic conflict prevention. The analysis specifially aims (1) to assist in differentiating between the numerous inter-governmental organs, bodies, and mechanisms, including the CSCE High Commissioner on National Minorities, with a role in addressing minority issues, and (2) to begin the process of identifying interrelationships, overlaps, and gaps in existing capacities. In addition to the High Commissioner, the minority-related activities of the UN, the Council of Europe, and the Council of Baltic Sea States are all reviewed. The essential view is that 'the effectiveness of international response to minority questions lies not in the efficacy of single institutions but in synergetic cooperaton among them'.
Toward a global culture: Human rights, group rights and cultural relativism
Authors: Meyer William H. 
Published: April 2008

AbstractThis study seeks to define universal standards of human rights within a cross-cultural context. It begins with a review of three positions in the prior literatures regarding the relationship between culture and definitions of human rights. These three positions are: Western normative hegemony; weak cultural relativism; and strong cultural relativism. The paper then considers various feminist critiques that call into question the basic assumptions of all three prior views. The paper concludes by arguing that there are universal standards of human rights that apply to all cultures. My own position argues that these universal standards are part of an emerging "global culture."
Recent Developments in the English Law of Involuntary Manslaughter
Authors: Elliott Catherine 
Published: April 2008

AbstractThis article discusses the recent changes in the law of involuntary manslaughter in England. Involuntary manslaughter is a type of homicide offence in English criminal law. To appreciate the significance of the changes in the field of involuntary manslaughter a brief explanation will first be given of homicide offences in general in England.
Casus Legum Sive Suffragia Monachorum
Authors: Duynstee Marguerite , Bertram Martin 
Published: April 2008

AbstractInhalt: Vorbemerkung - Einleitung - I. Casus legum zu den Dekretalen Gregors IX. (CL I) - II. Casus legum zu den Dekretalen Gregors IX. und den Novellen Innozenz' IV. (CL II) - III. Herkunft von CL I und CL II - IV. Zum rechtsgeschichtlichen Hintergrund der Gattung - V. Casus legum zum Dekret und zu den Clementinen - VI. Casus legum zu Tancreds Ordo ludiciarius - Anhang: Handschriften und Texte
Het Achttiende-Eeuwse Onderwijs in De Statistiek Aan De Juridische Faculteiten Van De Republiek Der Verenigde Nederlanden
Authors: Jansen C.J.H. 
Published: April 2008

AbstractDie frühe Entwicklung der Statistik in den Niederlanden ist mit der Rechtswissenschaft eng verbunden. Seit der Mitte des 18. Jhs. wird das Fach an fast allen juristischen Fakultäten gelehrt. Der aus Deutschland stammende Utrechter Professor E. Otto (1686-1756) kann als Initiator betrachtet werden. Statistik wird meistens als notitia rerum publicarum, als Wissenschaft der staatsrechtlichen, politischen und wirtschaftlichen Einrichtung des Gemeinwesens aufgefaßt. So wird sie Grundlage der Staatswissenschaften, aber auch der Politik. Themen sind u.a. Regierungsform, Verfassung, Souveränität und ratio status oder arcana imperii (Geheimwissen, wie man Staatsmacht erobert, behält und erweitert). Der Unterricht zielt auf künftige Beamte und Politiker. Zwar gibt es noch keinen Beamtenstaat, doch macht sich eine allmähliche 'Juridisierung' der Verwaltungselite bemerkbar. Die Methode ist die der holländischen 'eleganten' Schule: historisch orientiert und auf einer kritischen Auswertung von Handfesten und anderen Quellen beruhend. In den Vorlesungsverzeichnissen finden sich zwei weitere Fächer mit 'statistischen' Zügen: die Historia foederum Belgii (Geschichte der Staatsverträge) und die Diplomatik. Gegen Ende des 18. Jhs. wendet sich die Statistik wirtschaftlichen Themen zu (Nationalökonomie).
Veertig Jaar Geschiedenis Van Het Recht Van De Zuidelijke Nederlanden in De 18e eEuw (1950-1990)
Authors: Van Dievoet Guido 
Published: April 2008

AbstractL'enseignement de l'histoire du droit a pris un nouvel essor en Belgique depuis la loi du 21 mai 1929 et l'arrêté royal du 18 mai 1967. Des séminaires d'histoire du droit ont été créés dans plusieures universités. La publication de la Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit a été reprise en 1950 et celle-ci a étendu son comité de rédaction à des historiens belges. L'association des "Anciens pays et assemblées d'états" a fait paraître plus de 90 volumes de 1950 à 1990, dont un certain nombre est consacré au 18e siècle. Plusieurs livres et un grand nombre d'articles traitent du droit des Pays-Bas méridionaux au 18e siècle, sous les aspects les plus divers: le droit privé (la puissance paternelle, la tutelle, le statut des enfants mineurs, celui des étrangers et de la femme, les régimes matrimoniaux, les sûretés, la preuve, etc.), l'organisation judiciaire et la procédure civile (les conseils de justice, les procureurs généraux, la réforme judiciaire, le notariat), le droit public et les institutions centrales, régionales et locales (les états provinciaux, la Joyeuse Entrée de Brabant, etc.), les rapports entre l'Eglise et l'Etat, le droit des gens, le droit pénal et la procédure pénale (la criminalité, le vagabondage et la mendicité, les maisons de correction, la réforme pénale, etc.), le droit fiscal et les finances publiques, ainsi que l'historiographie et l'archéologie juridiques. Il reste beaucoup à faire. Des sources très riches, comme la jurisprudence, les actes scabinaux et les actes notariés, offrent un champ d'action très vaste aux historiens du droit. Une étude plus approfondie des réformes et des essais de réforme du 18e siècle s'imposerait. La compétence réelle du Conseil privé reste à préciser, ainsi que celle des échevins, tant dans le domaine de la juridiction contentieuse, que de la juridiction gracieuse. Le droit fiscal offre de larges perspectives aux chercheurs. Beaucoup d'aspects de l'enseignement du droit au 18e siècle sont encore à découvrir.
The Position of Shari'a Within the Uae Constitution and the Federal Supreme Court's Application of the Constitutional Clause Concerning Shari'a
Authors: Butti Ali Al-Muhairi Butti Sultan 
Published: April 2008

AbstractThe preceding Supreme Court decisions led to the following conclusions: firstly, although the Supreme Court in these decisions repeatedly insists that recourse to Islamic Shari'a is a matter of policy to be left entirely to the federal legislature, the Court repeatedly announced that all federal legislation should be derived from Islamic Shari'a. The Court thus adopted the Islamists position according to which any legislation violating the Shari'a dictates should be considered unconstitutional.66 Secondly, although, as mentioned, there was strong evidence of an apparent conflict between the Constitution and the laws dealt with by the Supreme Court in the aforementioned judgments, the Court was reluctant to declare the laws unconstitutional. This is accounted for by the Court's insistence on creating uniformity among these judgments. Greater conflict occurred between the Constitution and Articles 61 and 62 of Abu Dhabi Law than occurred between the Constitution and the Alcoholic Drinks Laws of Abu Dhabi and Sharjah. The fact that there was seen to be no conflict between the Constitution and Articles 61 and 62 naturally led the Supreme Court (for the purpose of creating uniformity among its judgments) to deny the existence of conflict between the Alcoholic Drinks Laws and the Constitution. Thirdly, the Supreme Court in interpreting and applying Article 7 of the Constitution in the judgments mentioned above, distinguished between civil and criminal matters. In answering the question of the legality of bank interest, the Court considered the application of the Shari'a as a matter of policy to be left to the legislature, and not for the judiciary to decide. Concerning the application of the Shari'a in criminal matters, the Court declared that the lower federal courts should apply the punishments prescribed by the Shari'a in Hudud offences. Indeed, practice in the UAE shows the application of Shari'a in the sphere of criminal matters only; it does not apply to commercial matters, especially in the case of applying interest in commercial law as proven by the Supreme Court in the Junatta Bank case. The roots of such a distinction can be found in the answer to the question, why was the application of Shari'a rules regarding Hudud offences made obligatory by the Supreme Court, while the application of the Shari'a rules affecting bank interest was not? The probable answer is that the Supreme Court has shied away from applying the Shari'a where it would threaten orderly economic development and the modernisation of its institutions.67 The application of Hudud punishments, by comparison, threatens no such disruption.
"De Seekarte Ost Vnd West To Segelen ...": On Northern European Nautical "Fachliteratur" in the Late Middle Ages
Authors: Rosler Irmtraud 
Published: April 2008

AbstractThe requirements of navigation in Western and Northern Europe led to the production of handbooks that did not have any obvious precursors in the learned traditions. The paper describes the characteristic features of such navigational handbooks and discusses their production, distribution, and reception. The peculiarities of transmission of nautical knowledge are also reflected linguistically: from the beginning, practical navigational texts were written in vernacular languages, that is, in Dutch, French, English, or Low German, but not in Latin. They were not conceived as texts for learned men. Instead, as is shown by the example of the Low German Seebuch, one of the oldest such manuscripts, they were planned as practical manuals for navigators who needed information about matters such as depths, currents, distances, and routes.
Vernacularization as an Intellectual and Social Bridge. the Catalan Translations of Teodorico's Chirurgia and of Arnau De Vilanova's Regimen Sanitatis1
Authors: Cifuentes Lluis 
Published: April 2008

AbstractThis study analyzes the dissemination and readership of two medieval medical works in Catalan. Combining the use of diverse sources such as the manuscripts themselves, post-mortem inventories, and the prologues written by the translators, the study shows how the diffusion of these works exemplifies the two main audiences to which vernacular texts were addressed. These were, on the one hand, literate but not Latinate surgeons and other practitioners interested in the new medicine emanating from the emerging universities; and on the other, nobles and burghers interested in issues of health and disease and in natural philosophy in general. The framework for the study is the general process of consolidation of the new medical system which developed in late medieval Latin Europe.
The first century: a time to rejoice and a time to weep
Authors: Nickelsburg George W. E. 
Published: April 2008

AbstractThe tragic two-thousand-year story of Jewish-Christian relations has its roots in the first century, when the two sides, governed by exclusive beliefs and experiences, found it impossible to sympathise and difficult to communicate with one another. The forces contributing to the growing rift were the different attitudes towards (or interpretations of) the death and resurrection of Jesus of Nazareth and the destruction of the Temple in the year 70. The historical analysis of these tensions is a reminder that understanding, empathy, and communication are crucial if communities in conflict with one another are to make any progress in the direction of peaceful solutions.
The baptism of anticipation: once more the infant baptism debate
Authors: Williams D.T. 
Published: April 2008

AbstractAlthough the popular understanding of baptism is to connect it with the forgiveness of sins, this is inadequate. Building on a previous article which sees its meaning as of 'repentance', a change in life, baptism is viewed as a symbol signifying a developing relationship with Christ by faith, through the Spirit. In particular it anticipates a ministry of prophet, priest and king. As such there is an essential equality of meaning with the baptism practised by John, particularly of Jesus. This means that in the context of faith, baptism as an infant and as an adult are both valid, and that sprinkling and immersion are both appropriate.