scholarly journals Misrecognition in legal practice: the aporia of the Family of Nations

2018 ◽  
Vol 44 (5) ◽  
pp. 863-881 ◽  
Author(s):  
Tanja Aalberts
Keyword(s):  
Nineteenth Century ◽  
Legal Order ◽  
Legal Practice ◽  
Special Issue ◽  
The Family ◽  
International Legal Order ◽  
Conditions Of Possibility ◽  
European Family

AbstractThis article discusses the concept of misrecognition to analyse international legal ordering in the practice of colonial treatymaking. As critical interventions to the debate on recognition have made clear, recognition is about exclusion as much as it is about inclusion. The most obvious example is the nineteenth-century applications of the standard of civilisation, where the European Family of Nations introduced the criterion of ‘civilisation’, which excluded non-European entities as sovereigns and legitimised their colonisation. But at the same time colonial treaties included the ‘savage rulers’ as signatory powers, and thus legal persons within the international legal order that at once excluded them. This contribution to the Special Issue discusses these treatymaking practices as a practice of misrecognition; not because it misrecognises some natural, essential, or true identity of the indigenous entities, but as a misrecognition of the international order’s own conditions of possibility through practices that simultaneously constitute that order and undermine its constitutive conditions. A rereading of Hegel’s famous master–slave metaphor through the concept of misrecognition sheds light on the reversals and contradictions of the colonial legal enterprise and reveals the aporia of the contemporary international legal order by showing the void at its heart.

scholarly journals Sovereign Marks

2018 ◽  
pp. 453-462
Author(s):  
Tanja Aalberts
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Legal Order ◽  
Legal Analysis ◽  
Private Company ◽  
Counter Narrative ◽  
The Family ◽  
International Legal Order ◽  
Important Object

This chapter analyses a treaty made on behalf of the Association Internationale du Congo (the infamous private company of King Leopold II of Belgium) with roi Né-Do’ucoula of Boma on 19 April 1884. Whereas legal analysis would usually focus on the content of the treaty and its provisions to establish legal facts, this chapter moves the attention to the signatures at the bottom. It argues that they constitute an important object of international law, as they provide a counter narrative to the popular Standard of Civilisation as the founding doctrine of the Family of Nations in the nineteenth century. As objects of international law the signatures—or rather marks or crosses—embody at the same time the condition of possibility of the nineteenth-century international legal order, and undermine its defining framework (that is, constitute its condition of impossibility).

scholarly journals Opieka wytchnieniowa jako nowe zadanie dla organów samorządu terytorialnego – przegląd dotychczasowej praktyki prawnej

2020 ◽  
Vol 6 ◽  
pp. 144-161
Author(s):  
Wojciech Glac
Keyword(s):  
Research Method ◽  
Legal Status ◽  
People With Disabilities ◽  
Respite Care ◽  
Legal Order ◽  
Legal Practice ◽  
Main Research ◽  
Solidarity Fund ◽  
The Family ◽  
Families First

Respite Care as a New Task for Local Government Bodies: A Review of the Legal Practice to Date Respite care, also known as relieving care, is a form of supporting families of people with disabilities that require constant care, especially at home. The purpose of this type of support is to temporarily relieve the family or informal caregivers from the need to perform caring activities, which are then taken over by a specialized entity. It seems to be primarily an instrument of social assistance, and not, as it is sometimes misinter preted, of the healthcare system. The aim of this study is to analyse the current legal status regarding respite care, its place in the legal order and the support system for people with disabilities and their families. First of all, it is based on analysis of the literature as the main research method used. The article analyses the solutions adopted, among others, in the Act on the Solidarity Fund and Programmes titled Respite Care.

On Empire and Exception

2020 ◽  
Vol 40 (3) ◽  
pp. 468-473
Author(s):  
Lâle Can ◽  
Aimee M. Genell
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Legal Order ◽  
Administrative Power ◽  
Ottoman History ◽  
Nation States ◽  
International Legal Order ◽  
And Migration

Abstract Were Ottoman autonomous provinces nation-states in the making or signs of a semicolonial and irredeemably weak empire? Or, were they evidence of alternative arrangements of imperial sovereignty? By taking a long view of Ottoman history and examining “exceptional” provinces such as the Khedivate of Egypt, the Sharifate of Mecca, and the mutasarrifiya of Mt. Lebanon, this reflection seeks to recast new and reorganized configurations of administrative power in the nineteenth century as part of a broad repertoire of Ottoman autonomy. In lieu of characterizing these territories as flawed or imperfect sovereignties, we question the utility of these terms and argue that arrangements often referred to as exceptions were normative and central to the empire's survival. Drawing on our work on international law, autonomy, pilgrimage, and migration, we consider how Egypt and the Hijaz—two provinces that are often treated as exceptionally exceptional—serve as productive sites to examine how Ottomans engaged with the international legal order and posed alternative visions of authority that informed not only the end of the empire but also its afterlife.

scholarly journals Hegel, revolution, and the rule of law

2020 ◽  
Vol 9 ◽  
pp. 9-31
Author(s):  
Sabrina P. Ramet
Keyword(s):  
Nineteenth Century ◽  
Social Context ◽  
Georg Wilhelm Friedrich Hegel ◽  
Rule Of Law ◽  
Ethical Behavior ◽  
The State ◽  
Legal Order ◽  
The Rule Of Law ◽  
The Family ◽  
Set Up

Georg Wilhelm Friedrich Hegel was one of the philosophic giants of the nineteenth century. Well versed in both ancient and more recent philosophical tracts, he rejected the individualism of Hobbes and Locke, as well as their notion that the state was an agency set up in the first place to protect life and property, and, drawing inspiration from Aristotle, outlined a vision of the state as an agency bound, in the first place, to protect the weak and the powerless. Hegel further rejected Kant’s individualistic ethics and counseled that ethical behavior had to be understood as taking place in a social context, with real duties toward other people. For Hegel, an individual had rights and duties within the context of the family, in the community, and, as a citizen, vis-à-vis the state. He emphasized the network of duties in which each individual finds himself, urging political moderation and concern for the good of the entire community. He has been condemned as a proto-totalitarian, lauded as a democrat of sorts, and described variously as liberal, anti-liberal, authoritarian, conservative-monarchist, and constitutionalist. This essay will argue that Hegel came to champion a constitutional-legal order (Rechtsstaat) under an autocratic monarch, with protection for liberal values. The absolute authority of the monarch, thus, was limited to those powers which he needed in order to advance and protect the interests of the citizens of the realm.

The Dupont family: collectors, dealers and naturalists in nineteenth-century Paris

2016 ◽  
Vol 43 (2) ◽  
pp. 191-207 ◽  
Author(s):  
Richard Mearns ◽  
Laurent Chevrier ◽  
Christophe Gouraud
Keyword(s):  
Nineteenth Century ◽  
Family History ◽  
Natural History ◽  
North Africa ◽  
Special Interest ◽  
Early Life ◽  
Anatomical Models ◽  
The Family ◽  
Small Collection

In the early part of the nineteenth century the Dupont brothers ran separate natural history businesses in Paris. Relatively little is known about their early life but an investigation into the family history at Bayeux corrects Léonard Dupont's year of birth from 1795 to 1796. In 1818 Léonard joined Joseph Ritchie's expedition to North Africa to assist in collecting and preparing the discoveries but he did not get beyond Tripoli. After 15 months he came back to Paris with a small collection from Libya and Provence, and returned to Provence in 1821. While operating as a dealer-naturalist in Paris he published Traité de taxidermie (1823, 1827), developed a special interest in foreign birds and became well known for his anatomical models in coloured wax. Henry Dupont sold a range of natural history material and with his particular passion for beetles formed one of the finest collections in Europe; his best known publication is Monographie des Trachydérides (1836–1840). Because the brothers had overlapping interests and were rarely referred to by their forenames there has been confusion between them and the various eponyms that commemorate them. Although probably true, it would be an over-simplification to state that birds of this era named for Dupont refer to Léonard Dupont, insects to Henry Dupont, and molluscs to their mother.

Pre-Linnaean pictures of the secretarybird, Sagittarius serpentarius (J. F. )

2008 ◽  
Vol 35 (2) ◽  
pp. 243-251 ◽  
Author(s):  
RAGNAR K. KINZELBACH
Keyword(s):  
Nineteenth Century ◽  
Sub Saharan Africa ◽  
Careful Examination ◽  
Nile Valley ◽  
Rain Forests ◽  
Roman Emperor ◽  
Persian Language ◽  
The Family ◽  
Other Information ◽  
Sub Saharan

The secretarybird, the only species of the family Sagittariidae (Falconiformes), inhabits all of sub-Saharan Africa except the rain forests. Secretarybird, its vernacular name in many languages, may be derived from the Arabic “saqr at-tair”, “falcon of the hunt”, which found its way into French during the crusades. From the same period are two drawings of a “bistarda deserti” in a codex by the Holy Roman Emperor Frederick II (1194–1250). The original sketch obviously, together with other information on birds, came from the court of Sultan al-Kâmil (1180–1238) in Cairo. Careful examination led to an interpretation as Sagittarius serpentarius. Two archaeological sources and one nineteenth century observation strengthened the idea of a former occurrence of the secretarybird in the Egyptian Nile valley. André Thevet (1502–1590), a French cleric and reliable research traveller, described and depicted in 1558 a strange bird, named “Pa” in Persian language, from what he called Madagascar. The woodcut is identified as Sagittarius serpentarius. The text reveals East Africa as the real home of this bird, associated there among others with elephants. From there raises a connection to the tales of the fabulous roc, which feeds its offspring with elephants, ending up in the vernacular name of the extinct Madagascar ostrich as elephantbird.

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