A case of murder in eighteenth-century Mongolia

1969 ◽  
Vol 32 (1) ◽  
pp. 71-90
Author(s):  
C. R. Bawden

In general outline the pattern of government in Outer Mongolia during the Manchu dyasty in not unfamiliar and it is a well-known fact that there was no judiciary as such, the administration of justice being only one of the various duties of local officials at various levels. A certain amount of work has been done on problems of law and justice, but there remain many problems of detail to be both raised and commented upon. Two lines of inquiry are open. On the one hand it is instructive to see how the processes of investigation and trial worked—how an alleged offence came to offical notice, who investigated, how evidence was recorded, what instances a case passed through, and how, and on what legal basis, it was disposed of. Other closely related technical questions concern the form and language of official documents. On the other hand, examination of criminal cases will afford insight into the social status, living conditions, and perhaps the psychology, of the persons concerned. It is in fact largely through the medium of legal and other official documents that we shall glean whatever information there is to be had about the day to day lives of individual persons in Mongolia under the Manchus, since other sources of information—journalism, biography, fiction, letters, memoirs, and so on—are non-existent. Apart from reports of criminal cases, some of which have been dealt with in model fashion by Klaus Sagaster, much information can be found in other types of official document, such as complaints submitted by ordinary people against officials, but in the present article we shall be concerned exclusively with the report of one criminal case dating from the late eighteenth century.

1984 ◽  
Vol 16 (3) ◽  
pp. 225-241 ◽  
Author(s):  
Philip Lawson ◽  
Jim Phillips

In March 1761 the diarist Horace Walpole complained that “West Indians, conquerors, nabobs, and admirals” were attacking every parliamentary borough in the general election. Although it lacked statistical proof, this sour observation became an accepted tenet in political histories of Britain written during the nineteenth and early twentieth centuries. Even the one full-length study of nabobs published in 1926 echoes Walpole's refrain; Holzman depicted them as a group of nouveaux riches “determined to raise their power and position to the level of their credit. This precipitated a fierce class strife, which was signalised [sic.] by changes in the ownership of landed estates and pocket boroughs.” The investigations of the Namierite school have long since demolished the myth of an East Indian onslaught on English politics and society in the mid-eighteenth century. Only a handful of novice MPs were returned to parliament in the general elections of 1761 and 1768, and those elected did not constitute a concentrated and coherent East Indian lobby at Westminster.Yet should Walpole's observation be dismissed so readily? This was an age of ignorance of the nature of the British presence in India, of considerable misgivings over the many effects that an empire of conquest in the east would have on Britain, and of a resultant lack of enthusiasm for an Asian empire. The leading historian of the British connection with India in the eighteenth century has recently pointed out that this reluctance derived in part from fears that it would upset not only the social and political, but also the moral underpinnings of established society.


Antiquity ◽  
2015 ◽  
Vol 89 (348) ◽  
pp. 1494-1496 ◽  
Author(s):  
Nerissa Russell

Zooarchaeology, once largely confined to questions of subsistence and production strategies, has recently devoted much more attention to the social roles of animals in the past. Responding (belatedly) to trends in archaeological theory, on the one hand, and the growth of interdisciplinary animal studies, on the other, zooarchaeologists are now using animal remains to address a broader range of questions that are of interest to archaeologists and others (e.g. Gifford-Gonzalez 2007; Oma 2010; Hill 2013). The three books here exemplify this development, all using zooarchaeological data to explore the varied roles of animals in (mainly) complex societies. Each ranges widely and demonstrates the centrality of animals in the human world, and, therefore, their great potential to illuminate the workings of ancient societies. Each also integrates zooarchaeological data with many other sources of information to create a whole much greater than any of the parts. There is a little overlap in authorship, with a chapter by Sykes in Animals and inequality in the ancient world and contributions by Michael MacKinnon in both edited volumes. These common threads aside, they are quite different books, with different goals and audiences.


2021 ◽  
pp. 69-75
Author(s):  
Veronika V. Yaselskaya ◽  
◽  
Alena V. Grishchenko ◽  

The Constitution of the Russian Federation considers the jury as a form of citizens’ participation in the administration of justice, though it was not widely accepted for a long time. Recreated in the early 1990s, the jury trial suffered from limited powers. Subsequently, the range of criminal cases within its jurisdiction became even more limited. The jury expanded its jurisdiction when introduced to district courts in June 1, 2018. On the one hand, the expanded jurisdiction of the jury improves activities of the court and other participants in the criminal process. On the other hand, the changes did not result in the effective exercise of the right of citizens to participate in the administration of justice, which suggests the necessity of the jury’s further expansion. Since it is difficult not to ensure the participation of the jury in minor and medium gravity cases, the increase in the number of cases brought before a jury should occur at the expense of certain types of grave and especially grave crimes. The expansion of the jury competence on grave and especially grave crimes will not be a final solution to the problem of involving citizens in the administration of justice. In contrast to Soviet Russia, where popular representatives (lay judges) exercised control over the judges in all criminal cases at first instance, today, in most cases, justice is administered by judges alone. The people’s court has advantages over the sole consideration of the case, as it ensures open justice, increases the responsibility of professional participants in the process, and raises the prestige of performing judicial functions. It is possible to return lay judges to district courts for non-grave and medium-grave cases implying custodial punishment. Thus, the effective implementation of the constitutional right of citizens to participate in the administration of justice can be achieved through various forms. Expanding the jury’s competence at the expense of certain types of grave and especially grave crimes, the introduction of lay judges for non-grave and medium-grave crimes implying custodial punishment will promote a broader participation of citizens in the administration of justice.


2021 ◽  
Vol 77 (4) ◽  
Author(s):  
Iuliu-Marius Morariu

Amongst the recent documents released by the Greek Ecumenical Patriarchate of Constantinople, the one titled ‘For the Life of the World’, published before the beginning of the COVID-19 pandemic, touches upon an important section of the life of the Orthodox Church, namely, the social one. As a result of the fact that, so far, there is no official document of the aforementioned Church dedicated to this aspect, whilst the Reformed Churches and the Catholic one have already issued similar documents, I consider the existence of such an article, with all its minuses, important. Moreover, it can constitute a bridge and an invitation to dialogue with other Christian traditions or backgrounds. Being aware of this fact, I have decided to analyse this document in this article to emphasise its influence and its elements of novelty and to speak about both its utility and its weaknesses. As a result of the fact that the Ecumenical Patriarch Bartholomew has had an important contribution to its drafting, I will also try to present this aspect and to show how the ecological vision that he has, amongst other aspects, influenced its content.Contribution: Considering the importance of the recent document ‘For the Life of the World of the Ecumenical Patriarchate of Constantinople’, I will try to analyse it and to present its social relevance and meaning.


2010 ◽  
Vol 23 (3) ◽  
pp. 267-288 ◽  
Author(s):  
Sarah Carvallo

ArgumentAt the end of the seventeenth and beginning of the eighteenth century, ageing was specifically a medical issue. Indeed, on the one hand, ageing is a normal process of living; on the other hand, old age often entails specific pathologies. Is it really possible to dissociate old age from pathology? If so, how can we think of old age and explain both the necessity and the normality of it? If not, what is the cause of this dysfunction? Modern medical controversies argue along the lines of the respective partisans of iatromecanism (Descartes), empirical medicine (Sydenham), and animist medicine (Stahl). Furthermore, it progressively appears that the issue of aging must also be addressed within the social field, where old age is affected by sanitary, economic, and strategic conditions. Indeed, doctors, economists, and philosophers (Graunt, Petty, Leibniz) even tried to assess old age quantitatively with new methods of arithmetic. Thus, in this paper, we want to draw what constitutes the systems of knowledge of old age as a medical category located at the borderlines between epistemological, practical, and social challenges.


2016 ◽  
Vol 61 (S24) ◽  
pp. 49-70
Author(s):  
Dmitry Khitrov

AbstractThis article addresses the system of state-organized and state-controlled tributary labour in the Russian Empire in the eighteenth century. On the basis of the taxpayers’ registry of 1795, it focuses on the social groups obliged to perform military service or labour directly for the polity. They included the numerous “service class” of the southern and eastern frontier regions, including Russian, Ukrainian (mainly Cossack), and indigenous (Bashkir and Kalmyk) communities, and the group of pripisnye, peasants “bound” to industries and shipyards to work for their taxes. The rationale behind the use of this type of labour relation was, on the one hand, the need of the state to secure the support of labour in distant and poorly populated regions, and, on the other, that the communes of labourers saw performing work for the state as a strong guarantee of their landowning privileges.


1970 ◽  
pp. 38-45
Author(s):  
May Abu Jaber

Violence against women (VAW) continues to exist as a pervasive, structural,systematic, and institutionalized violation of women’s basic human rights (UNDivision of Advancement for Women, 2006). It cuts across the boundaries of age, race, class, education, and religion which affect women of all ages and all backgrounds in every corner of the world. Such violence is used to control and subjugate women by instilling a sense of insecurity that keeps them “bound to the home, economically exploited and socially suppressed” (Mathu, 2008, p. 65). It is estimated that one out of every five women worldwide will be abused during her lifetime with rates reaching up to 70 percent in some countries (WHO, 2005). Whether this abuse is perpetrated by the state and its agents, by family members, or even by strangers, VAW is closely related to the regulation of sexuality in a gender specific (patriarchal) manner. This regulation is, on the one hand, maintained through the implementation of strict cultural, communal, and religious norms, and on the other hand, through particular legal measures that sustain these norms. Therefore, religious institutions, the media, the family/tribe, cultural networks, and the legal system continually disciplinewomen’s sexuality and punish those women (and in some instances men) who have transgressed or allegedly contravened the social boundaries of ‘appropriateness’ as delineated by each society. Such women/men may include lesbians/gays, women who appear ‘too masculine’ or men who appear ‘too feminine,’ women who try to exercise their rights freely or men who do not assert their rights as ‘real men’ should, women/men who have been sexually assaulted or raped, and women/men who challenge male/older male authority.


2005 ◽  
Vol 84 (2) ◽  
pp. 202-220 ◽  
Author(s):  
Colin Kidd

Hugh Trevor-Roper (Lord Dacre) made several iconoclastic interventions in the field of Scottish history. These earned him a notoriety in Scottish circles which, while not undeserved, has led to the reductive dismissal of Trevor-Roper's ideas, particularly his controversial interpretation of the Scottish Enlightenment, as the product of Scotophobia. In their indignation Scottish historians have missed the wider issues which prompted Trevor-Roper's investigation of the Scottish Enlightenment as a fascinating case study in European cultural history. Notably, Trevor-Roper used the example of Scotland to challenge Weberian-inspired notions of Puritan progressivism, arguing instead that the Arminian culture of north-east Scotland had played a disproportionate role in the rise of the Scottish Enlightenment. Indeed, working on the assumption that the essence of Enlightenment was its assault on clerical bigotry, Trevor-Roper sought the roots of the Scottish Enlightenment in Jacobitism, the counter-cultural alternative to post-1690 Scotland's Calvinist Kirk establishment. Though easily misconstrued as a dogmatic conservative, Trevor-Roper flirted with Marxisant sociology, not least in his account of the social underpinnings of the Scottish Enlightenment. Trevor-Roper argued that it was the rapidity of eighteenth-century Scotland's social and economic transformation which had produced in one generation a remarkable body of political economy conceptualising social change, and in the next a romantic movement whose powers of nostalgic enchantment were felt across the breadth of Europe.


2019 ◽  
Vol 11 (3) ◽  
pp. 157-175
Author(s):  
Wécio Pinheiro Araújo

Resumo: Em O Capital, Marx nos alertou que a mercadoria tem um caráter misterioso que carrega “sutilezas metafísicas e argúcias teológicas”. Este artigo tenta decifrar um pouco desse mistério buscando decodifica-lo naquilo que denominamos como a estranha objetividade do valor. Para isso, analisamos a relação entre a ideologia e o valor a partir da crítica marxiana à mercadoria, consignada à lógica de Hegel. Vemos que o valor se constitui como razão ontológica da mercadoria enquanto produto do processo de trabalho que carrega uma racionalidade imanente, isto é, um espírito socialmente produzido que se objetiva à medida que é vivenciado pelos indivíduos como uma lógica social que rege as relações nesta sociedade. Isso se dá por meio de “sutilezas metafísicas” na formação da realidade social marcada por contradições estabelecidas entre, de um lado, o conteúdo objetivo das relações sociais, e de outro, a forma como essas relações são vivenciadas pela consciência na sociedade capitalista. Nesta relação entre conteúdo e forma, encontramos determinações de profundidade ontológica entre o valor e a ideologia, enquanto forma social que opera harmonizando as contradições constituintes da realidade social, a exemplo do que acontece no trabalho assalariado. A mediação ideológica se põe como uma progressão imanente à materialização da vivência concreta da relação entre capital e trabalho no salário, de maneira a naturalizar a exploração que se esconde na estranha objetividade do valor que se realiza na troca de mercadorias. Concluímos que a conexão ontológica entre o ser social e a mercadoria é socialmente ubíqua, precisamente por conta do seu caráter ideológico na formação da sociabilidade a partir do processo de trabalho subjugado ao capital.  Palavras-chave: Valor. Ideologia. Trabalho, Capital. Salário.  Abstract: In Capital, Marx warned us that the commodity has a mysterious character bearing "metaphysical subtleties and theological insights." This article attempts to decipher a little of this mystery by decoding it into what we call the strange objectivity of value. For this, we analyze the relation between ideology and value from the Marxian critique of the commodity, consigned to the Hegelian logic. We see that value is constituted as the ontological reason of the commodity as the product of the labor process that carries an immanent rationality, that is, a socially produced spirit that is objectified as it is experienced by the individuals as a social logic that governs the relations in this society. This is done through "metaphysical subtleties" in the formation of social reality marked by contradictions established between, on the one hand, the objective content of social relations, and on the other, the way in which these relations are experienced by consciousness in capitalist society. In this relationship between content and form, we find determinations of ontological depth between value and ideology, as a social form that operates by harmonizing the constituent contradictions of social reality, as in wage labor. Ideological mediation is seen as an immanent progression to the materialization of the concrete experience of the relation between capital and labor in wage, in order to naturalize the exploitation that is hidden in the strange objectivity of the value that is realized in the exchange of commodities. We conclude that the ontological connection between the social being and the commodity is socially ubiquitous precisely because of its ideological character in the formation of sociability from the labor process subjugated to capital.  Keywords: Value. Labor. Ideology. Capital. Wage.  REFERÊNCIAS  ADORNO, Theodor W. Teoria Estética. [Asthetische Theorie]. Tradução de Artur Morão. – São Paulo : Livraria Martins Fontes, 1988.  ADORNO, Theodor W. Três estudos sobre Hegel. [Drei Studien zu Hegel]. Tradução: Ulisses Razzante Vaccari. – 1. Ed. – São Paulo: Editora Unesp, 2013.  ARAÚJO, Wécio Pinheiro. Ideologia e capital: crítica da razão imanente à sociedade moderna. Tese de doutorado. João Pessoa, PB; Leipzig, Saxônia, UFPB/UFPE/UFRN-HGB, 2018.  ARTHUR, Christopher J. A nova dialética e “O Capital” de Marx. Tradução de Pedro C. Chadarevian. – São Paulo : Edipro, 2016.   DUSSEL, Enrique. A Produção Teórica de Marx: um comentário sobre os Grundrisse. Tradução de José Paulo Netto. – 1 ed. – São Paulo : Expressão Popular, 2012. GERAS, Norman. Marx and the Critique of Political Economy. In: Ideology and Social Science: politics, sociology, anthropology, economics, history. – Ed. by Robin Blackburn, Fontana/Collins, 1977, p. 284-305.  JAEGGI, Rahel. Alienation: News directions in Critical Theory. Columbia Uni. Press, 2014.  HERÁCLITO, de Éfeso. Heráclito : fragmentos contextualizados. Tradução, apresentação e comentários Alexandre Costa. – São Paulo : Odysseus Editora, 2012.  HEGEL, G. W. F. Fenomenologia do Espírito [Phänomenologie des Geistes]. Tradução de Paulo Meneses; com a colaboração de Karl-Heinz Efken, e José Nogueira Machado. – 5. ed. – Petrópolis, RJ : Vozes : Bragança Paulista, Editora Universitária São Francisco, 2008.  MARX, Karl. Das Kapital: Der Produktionprozess des Kapitals. Erster Band, Erstes Buch (Kapitel XVI-LII). Hamburg, Nikol Verlag., 2016.  MARX, Karl. Grundrisse: manuscritos econômicos de 1857-1858 : esboços da crítica da economia política. – supervisão editorial Mario Duayer; tradução Mario Duayer, Nélio Schneider (colaboração de Alice Helga Werner e Rudiger Hoffman). – São Paulo : Boitempo; Rio de Janeiro: Ed. UFRJ, 2011.  MARX, Karl. Manuscritos econômico-filosóficos. [Ökonomie-philosophische Manuskripte] Tradução, apresentação e notas de Jesus Ranieri. - 2. reimp. - São Paulo : Boitempo Editorial, 2008.  MARX, Karl. O Capital – Crítica da Economia Política. Livro 1 – O Processo de Produção do Capital. Vol. I – 10 ª. Edição, Tradução de Reginaldo Sant’ Anna. Do original em alemão: DAS KAPITAL – Kritik der politischen Ökonomie (Buch I: Der Produktionsprozes des Kapitals, Quarta edição, 1890). São Paulo : DIFEL, 1985.  MARX, Karl. O Capital – Crítica da Economia Política. Livro 1 – O processo de produção do capital. Do original em alemão: DAS KAPITAL – Kritik der politischen Ökonomie (Buch 1: Der Produktionsprozess des Kapitals.  – São Paulo: Boitempo, 2013.   NICHOLS, Bill. Ideology and the Image: Social Representation in the Cinema and Other Media. Bloomington: Indiana University Press, 1981.


2020 ◽  
Vol 22 (11) ◽  
pp. 11-15
Author(s):  
Gan N.Yu. ◽  
Ponomareva L.I. ◽  
Obukhova K.A.

Today, worldview, spiritual and moral problems that have always been reflected in education and upbringing come to the fore in society. In this situation, there is a demand for philosophical categories. One of the priority goals of education in modern conditions is the formation of a reasonable, reflexive person who is able to analyze their actions and the actions of other people. Modern science is characterized by an understanding of the absolute value and significance of childhood in the development of the individual, which implies the need for its multilateral study. In the conditions of democratization of all spheres of life, the child ceases to be a passive object of education and training, and becomes an active carrier of their own meanings of being and the subject of world creation. One of the realities of childhood is philosophizing, so it is extremely timely to address the identification of its place and role in the world of childhood. Children's philosophizing is extremely poorly studied, although the need for its analysis is becoming more obvious. Children's philosophizing is one of the forms of philosophical reflection, which has its own qualitative specificity, on the one hand, and commonality with all other forms of philosophizing, on the other. The social relevance of the proposed research lies in the fact that children's philosophizing can be considered as an intellectual indicator of a child's socialization, since the process of reflection involves the adoption and development of culture. Modern society, in contrast to the traditional one, is ready to "accept" a philosophizing child, which means that it is necessary to determine the main characteristics and conditions of children's philosophizing.


Sign in / Sign up

Export Citation Format

Share Document