Mimetic Governmentality and the Administration of Colonial Justice in East Timor, ca. 1860–1910

2015 ◽  
Vol 57 (1) ◽  
pp. 67-97 ◽  
Author(s):  
Ricardo Roque

AbstractThis article explores the mimesis of indigenous “customs and law” as a theory of and strategy for colonial government in the period of late imperialism. I draw on the case of colonial administration in the Portuguese colony of Timor during the second-half of the nineteenth century. I introduce the concept of “mimetic governmentality”: the art of governing the Other through the productive inclusion of institutions, symbols, cultural materials, or social forms understood as other than one's own. In Timor, the imperial establishment was characterized by fragility and isolation, and a pragmatic style of colonial action thrived. In Europe, modern doctrines of colonial law rejected assimilationist policies and advocated “specialization.” In this context, between 1860 and 1910, administrators on Timor devised a system of colonial justice that required the colonizers to slip into the indigenous world and govern others from the others' position and perspectives. To efficiently govern the “natives” and apply colonial justice in courts—the so-calledjustiças—Europeans had to release themselves from European principles and embrace indigenous law, as they understood it. The essay uses the case of Timor to assert the analytic importance and potential of mimesis for the comparative study of colonial administrations during the period of imperial expansion.

2017 ◽  
Vol 21 (3) ◽  
pp. 208-223
Author(s):  
Byung Mun Lee

Purpose The purpose of this paper is to describe and analyze the rules on the formation of contracts under Korean law and the Contracts for the International Sale of Goods (CISG) in a comparative way and introduce the relevant proposed rules under the Amendment Draft of the Korean Civil Code (KCC). In addition, it attempts to compare and evaluate them in light of the discipline of comparative law. Design/methodology/approach In order to achieve the purposes of the study, it executes a comparative study of the rules as to the formation of contracts of the CISG, Korean law and the Amendment Draft of the KCC. The basic question for this comparative study is placed on whether a solution from one jurisdiction is more logical than the others and to what extent each jurisdiction has responded to protect the reasonable expectations of the parties in the rules as to the formation of contracts. Findings The comparative study finds that most of the rules under the CISG are quite plausible and logical and they are more or less well reflected in the proposals advanced by the KCC amendment committee. On the other hand, the other rules under the CISG which have brought criticisms in terms of their complexity and inconsistent case law invite us their revision or consistent interpretation. The drawbacks of the CISG have also been well responded in the Amendment Draft of the KCC. Nevertheless, it is quite unfortunate that the Amendment Draft of the KCC still has a rule that regards any purported performance with non-material alteration of the terms of an offer as an acceptance. Originality/value This study may provide legal and practical advice to both the seller and the buyer when they enter into a contract for international sales of goods. In addition, it may render us an insight into newly developed or developing rules in this area and show us how they interact with each other. Furthermore, it may be particularly useful in Korea where there is an ongoing discussion for revision of the KCC.


2018 ◽  
Vol 16 (1) ◽  
pp. 84-107
Author(s):  
Parimala V. Rao

The colonial state always asserted itself as a harbinger of ‘modernity’ and emphasised its role in India as a ‘civilising mission’. The 1811 Educational Minute of Governor General Minto, declared Hindus and Muslims of India as inherently corrupt and insisted on the British role as ‘civilising’. Conventionally the terms ‘modern’ and ‘civilising mission’ have been considered as offensive, and scholars have critiqued them as Eurocentric and racist. However, these terms have not been analysed at the implementation stage in India. The colonial government used these terms to actually strengthen the structures of the traditional hierarchy. When Minto declared that the education policy was to civilise Hindus and Muslims of India, it was through the ‘the dread of their religion in this world and the next’ and through strengthening and empowering the priestly class of Hindus and Muslims (Sharp, 1920, pp. 19–21). The colonial administration regarded this kind of education as the corner stone of its education policy. This article looks at the education policies of the colonial state towards lower castes in the nineteenth-century India and how these policies upheld and reinforced the caste system.


2020 ◽  
pp. 219-245
Author(s):  
Paweł Bukowiec

The article attempts to perform a comparative study of the phenomenon of the so-called linguistic switch, i.e., a change of languages in which the writer creates his/her works. One side of the analysis focuses on nineteenth-century Lithuanian poets, represented mainly by Antanas Baranauskas, and the other on the contemporary Kenyan prose writer Ngu˜g˜ wa Thiong’o. The juxtaposition of ı such extremely distant authors: 1. allows a better understanding of the specificity of multilingualism in both eighteenth-century Lithuanian literature and contemporary fiction; 2. proves once again the universality of postcolonial sensitivity; 3. constitutes an attempt at comparative thinking in the context of world literature.


Africa ◽  
1928 ◽  
Vol 1 (4) ◽  
pp. 413-428 ◽  
Author(s):  
Werner Eiselen

The several forms of preferential mating, such as cross-cousin marriage, sororate and levirate, are well known and have been reported from all the ethnographic provinces of the world. Lately Lowie and Rivers have devoted special chapters in their books on social organization to the comparative study of these important institutions. Lowie has pointed out that there is strong evidence for the correlation of sororate and levirate. The later publication of Rivers hardly serves to make these matters any clearer than Lowie's work. Although the latter scholar, with Tylor and others, recognized the close connexion existing between sororate and levirate, the evidence at his disposal did not allow him to arrive at a similar conclusion with regard to the other forms of preferential marriage. Accordingly he had to treat them, for the time being, as institutions of independent origin.


2020 ◽  
Vol 9 (1) ◽  
pp. 91-117
Author(s):  
Dana Katz

Abstract In the last quarter of the nineteenth century, Palermo's Museo Nazionale (National Museum) displayed one of the earliest institutional collections of Islamic art in Western Europe. The museum's director, Antonino Salinas, exhibited objects demonstrating the island's material heritage, including its two-and-a-half centuries of rule by North African dynasties during the medieval period. The prevailing perception elsewhere in post-unification Italy ‐ that Sicily was ungovernable and barbaric in nature ‐ heightened the display's significance. Another exhibition that many Italians would have perceived as representing the 'other' was the Mostra Etnografica Siciliana (Sicilian Ethnographic Exhibition), which the folklorist Giuseppe Pitrè created for the 1891‐92 Palermo Esposizione Nazionale (National Exposition). Highlighting Sicily's volatile image, the Italian press implicitly equated Pitrè's show with the so-called Abyssinian Village, which stood in the exposition fairgrounds and marked the establishment of Italy's first colony in Eritrea at a time of unprecedented imperial expansion. At the National Museum, Salinas remained undeterred, and despite associations of the island's conditions with Africa, he expanded its Islamic holdings. Likewise, Pitrè exhibited costumes, tools, and devotional objects that further accentuated regional differences at the National Exposition. In both displays, Salinas and Pitrè presented what they conceived as Sicily's unique cultural and historical patrimony.


2010 ◽  
Vol 53 (3) ◽  
pp. 747-770 ◽  
Author(s):  
RICHARD BOURKE

ABSTRACTThis article recovers the rationale behind the project to found a ‘new’ British history undertaken by J. G. A. Pocock in the early 1970s, and contrasts this with the approach adopted in the subsequent historiography. The article argues that British history as conceived by Pocock was intended to transcend the parochialism of national history whilst also rehabilitating the writing of imperial history without succumbing to the temptations of metropolitan whiggism. Pocock's perspective was constructed against the backdrop of a British withdrawal from empire and led him to a neo-Seeleyan interest in the dynamics of imperial expansion and retrenchment. While this process is best understood through the comparative study of empires, any such undertaking raises complex questions about the ultimate subject of historical inquiry and the nature of historical explanation. In addressing these questions, this article distinguishes the ambition to write the history of a polity from the aim of writing histories of ‘party’ as originally formulated by the historians of the Scottish enlightenment whose work has been among Pocock's abiding subjects of investigation.


Author(s):  
Matthew W. Finkin

This article proceeds in four stages. First, it takes up the emergence of labour law and its comparative offspring as a discipline. Second, it provides a crude taxonomy of comparative labour law scholarship. Third, it treats the role comparativism has played in the development of national labour policy from the nineteenth century to the present. Fourth, and to come full circle, it situates the comparative study with respect to the contemporary quandary of labour law as a discipline. Comparative labour law was born fast upon the construction of labour law as a subject of instruction and academic study. Even from the beginning, however, it was far from clear what labour law was. Today, that question has recrudesced: labour law is a discipline in search of an identity and, to some, a future. Consequently, attention rightly turns first to the root of which comparative study is a branch.


1896 ◽  
Vol 59 (353-358) ◽  
pp. 137-141 ◽  

In a paper published in the ‘Philosophical Transactions’ (Series B, 1894), the comparative study of the spore-bearing members of the Lycopodineæ, including the Psilotaceæ, has led to the conclusion that there is reasonable probability that septation of sporangia originally simple, to form synangia, has taken place; that a septate body (synangium) may be homologous with a non-septate body (simple sporangium); and that there is no essential difference between tissue which will form septa or trabeculæ, and that which will form spores, since the tissues can mutually undergo conversion one into the other. But the considerations there brought forward do not amount to an actual demonstration that septation has occurred.


AMERTA ◽  
2020 ◽  
Vol 38 (2) ◽  
pp. 129-144
Author(s):  
Erlin Novita Idje Djami

Abstract. Megalithic Of Gunung Srobu In Melanesian Cultural Context. Megalithic is one of the cultural elements that is discovered worldwide, and it is often used as evidence for cultural hyperdiffusion theory. Such a cultural element is also present in the Melanesian region. However, there is still debate among scholars as to where it comes from and when it was introduced to this area. In this context, the recently excavated megalithic site in Gunung Srobu in Youtefa Bay, Jayapura, Papua may shed light on this matter. This paper is intended to describe the megalithic findings of Gunung Srobu and then compare them with other megalithic findings in several sites in the Melanesian region. The comparative study aims to find out the similarities and differences between Gunung Srobu megalithic and the other Melanesian megalithic as well as to know the position of Gunung Srobu in the Melanesian regional. The method used includes surveys, excavations, and literature studies. The result shows that Gunung Srobu is a very complex megalithic site in the region with very varied shapes and types. The date from around the 4th Century AD put Gunung Srobu as the oldest megalithic site in the region which is likely to occupy a central position in the megalithic distribution in the Melanesian Region. Abstrak. Megalitik merupakan salah satu unsur budaya yang ditemukan sangat luas di dunia dan sering menjadi bukti bagi teori hiperdifusi. Unsur budaya megalitik juga ditemukan di kawasan Melanesia. Namun, banyak ahli masih memperdebatkan asal-usul dan waktu persebarannya. Dalam konteks ini, temuan megalitik yang baru-baru ini ditemukan dalam penggalian di situs Gunung Srobu, Teluk Youtefa, Papua, mungkin dapat menjelaskan masalah ini. Tulisan ini dimaksudkan untuk mendeskripsikan temuan megalitik di Gunung Srobu dan membandingkannya dengan temuan megalitik di beberapa situs lainnya di kawasan Melanesia. Tujuannya adalah untuk mengetahui persamaan dan perbedaan unsur megalitik antara yang ada di Gunung Srobu dan di situs Melanesia lainnya, serta mengetahui kedudukan megalitik Gunung Srobu di kawasan Melanesia. Metode yang digunakan mencakup survei, ekskavasi, dan studi pustaka. Hasilnya menunjukkan bahwa Gunung Srobu merupakan situs megalitik yang sangat kompleks di kawasan itu dengan bentuk dan jenis yang sangat bervariasi. Pertanggalan yang berasal dari sekitar abad ke-4 M menempatkannya sebagai megalitik tertua yang kemungkinan menempati posisi sentral dalam persebaran megalitik di kawasan Melanesia.


2021 ◽  
Vol 29 (2) ◽  
pp. 207-232
Author(s):  
Ali Trigiyatno

This article compares dowry regulations in Indonesia and Morocco. Bearing in mind that Indonesia and Morocco have different characteristics in dowry matter, the regulations are worth comparing for. As understood in Islamic marriages, dowry is an important obligation and must be fulfilled by the bridegroom for the bride. Normative Islamic teaching advocates for dowry that is simple and reasonable, but in practice, sometimes dowry becomes expensive and difficult to be given, and thus, causing unfavorable effects. In addition, dowry also has the potentials to be subjected to disputes between husband and wife if not regulated by legislation in details. The author uses a comparative study of law guided by a normative approach through library research. The main source is the statutes of two countries. Analysis technique used is content analysis. As a result, it is found that with different backgrounds of fiqh school in Indonesia and Morroco-one being strongly influenced by Shāfi‘ī school and the other is influenced by Mālikī school-have similar rules on dowry. The only significant difference is that the Mālikī School and its legislation in Morocco considers dowry as a marriage pillar. Meanwhile, the Shāfi‘ī school and its legislation in Indonesia, even though the dowry is regarded as compulsory, it does not become a condition or a marriage pillar. Other differences are the definition of dowry, regulation of wife’s luggage, lost dowry, defective dowry, introduction of mithil dowry, regulation of dowry disputes before entering the household, and regulation of furniture disputes other than the wife’s luggage.


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