scholarly journals Theorizing Transnational Law – Varieties of Transnational Law and the Universalistic Stance

2009 ◽  
Vol 10 (10) ◽  
pp. 1325-1336
Author(s):  
Matthias Mahlmann

It is difficult to put a label on a historical period. Human history is full of variety, complexities and contradictory developments. Consequently, the precondition of grand theories of history is often their openness to unjustified simplification. On the other hand, some orientation is indispensable, and for this, general descriptions are helpful if one stays aware of their limited function and value. With this in mind it is possible to state that the post-war period is marked by what one may call a universalistic stance.

Author(s):  
Catherine Winiarski

Employing Linda Hutcheon’s analogy between biological and cultural adaptation, this chapter analyzes how the survivors of the Roman-Gothic war in Shakespeare’s Titus Andronicus adapt figures and narratives of the survivor—or remnant—from Virgil, Ovid, and St. Paul as strategic models in the covert, post-war feud of the play’s action. Titus assumes Virgil’s model of the remnant as non-regenerative and stoic; Tamora, on the other hand, employs Ovid’s regenerative and vengeful model, and eventually converts Titus to it. Their violent conflict and absorption in their revenge plots form the conditions for the emergence of a different kind of remnant: the remaining Romans and Goths who, according to a Pauline model, form a new incorporated community. The formation of this community arguably speaks to the context of the Protestant Reformation in Shakespeare’s England, in which violent excisions were made in the name of a latter-day Pauline community.


Architectura ◽  
2016 ◽  
Vol 46 (1) ◽  
pp. 72-103
Author(s):  
Elmar Kossel

AbstractFlorence suffered heavy destruction due to blasting by the german Wehrmacht in the area around the Ponte Vecchio in 1944. On the question of how the historic, in the core medieval buildings should be rebuilt, a vigorous debate was ignited, which also was intensively conducted in public. The debates core was about the question of wether the old center should be reconstructed exactly as it was or should a modern and contemporary solution be given priority. The art historian Bernhard Berenson and the archeologist Ranuccio Bianchi Bandinelli exemplified the position in the debate for the Florentine context. Linked to this discussion was also the question, how Italy would present itself after war and fascism as a new and democratic society. The built result can be seen as a compromise of these positions, as the new architecture is added in the center emphasized inconspicuousDespite the consistently negative reception, it was possible to dissociate oneself in two respects from this locally located variety of post-war modernity: On the one hand, the international architectural scene and, on the other hand, its own architectural heritage which is contaminated by fascism. The reference to its own architectural heritage and the very independent appropriation of international influences should remain the basic characteristic of the »Scuola Fiorentina« until the mid-1970s


2020 ◽  
pp. 45-54
Author(s):  
EVGENIYA A. KONTALEVA ◽  

The article reveals the phenomenon of frontier mentality and its syncretic features and marginal character. Being the birth of the border (frontier), this type of mentality is a complex construct, a specific ideological and psychological formation, the problems of which, on the one hand, are determined by social, geographical, historical and other factors, and on the other hand, are exposed to the external environment and embedded in various spheres of human existence. Among Russian emigrants who were carriers of the Russian logocentric culture, creativity becomes one of the main such spheres, especially literary one. Through the word, not only individual personality features of the authors were recorded, but also common tendencies of frontier mentality and the mentality of this historical period. The author, using the example of literary ethnography, makes an attempt to distinguish these features and the main trends in the mentality of Russian emigrants in China.


2020 ◽  
Vol 28 ◽  
pp. 164-174
Author(s):  
Andrzej Szczepański

This article is devoted to the issue of politics of ethnicity in Poland in the period 1944–1989, which is a consequence of post-war changes in the ethnic structure of the country and its national homogenization. The attitude of state authority toward its non-Polish residents, on the one hand, enabled them to maintain their own limited identity, but on the other hand, meant that they were deliberately assimilated in order to integrate with the rest of society. In particular periods, these activities were conducted with different intensification levels and with different tools.


2021 ◽  
Vol 2 (18) ◽  
pp. 16-30
Author(s):  
B.V. Markov ◽  
◽  
A.M. Sergeev ◽  

The Philosophical Dialogue is dedicated to the analysis of the historical development of Russian philosophy over the past half century. The authors investigated the attitude of ideas and people in the conditions of historical turning point in the late 20th and early 21st century. Philosophy in a borderline situation allows us to compare and evaluate the past and the present. On the one hand, archetypes, attitudes, moods and experiences, formed as a reception of the collective experience of the past era, have been preserved in the minds of thinkers of the post-war generation – in the consciousness, and may be in the neural networks of the brain. On the other hand, the new social reality – cognitive capitalism – radically changes the self-description of society. It is not to say that modernity satisfies people. Despite the talk about the production of cultural, social, human capital, they feel not happy, but lonely and defenseless in a rapidly changing world. Not only philosophical criticism, but also the wave of protests, which also engulfed the "welfare society", makes one wonder whether it is worth following the recipes of the modern Western economy. On the one hand, closure poses a threat to stagnation, the fate of the country of the outland outing. On the other hand, openness, and, moreover, the attempt to lead the construction of a networked society is nothing but self-sacrifice. Russia has already been the leader of the World International, aiming to defeat communism around the world. But there was another superpower that developed the potential of capitalism. Their struggle involved similarities, which consisted in the desire for technical conquest of the world. The authors attempted to reflect on the position of a country that would not give up the competition, but used new technologies to live better. To determine the criteria, it is useful to use the historical memory of the older generation to assess modernity. Conversely, get rid of repeating the mistakes of the past in designing a better future.


2016 ◽  
Vol 75 (4) ◽  
pp. 1041-1048
Author(s):  
Michael Szonyi

The purpose of thisJASroundtable is to reflect on the Cold War in Asia. Even to frame the issue in such terms is to confront the “formidable semantic contradiction that is inherent in the idea” of the Cold War (Kwon 2010, 7). For the very notion of the Cold War—as a “long peace” in which bipolar tensions did not lead to hot war—sits uneasily with the reality that in Asia bipolar tensions were imbricated in horrific conflicts that left millions of human casualties. On the other hand, to use the term “Cold War” simply as a label for a historical period, or “epoch” in Alfred McCoy's terms, is to invite imprecision. Moreover, even as a label for a historical period, the term still effaces the experience of much of the world, since the end date of the period is defined by the experience of Europe and the superpowers.


1969 ◽  
Vol 22 (2) ◽  
pp. 183-188
Author(s):  
P. C. Craigie

The declaration that ‘Yahweh is a Man of Wars’page 1 poses a problem for the modern reader of the Old Testament. The direct connexion between God and war seems to be alien to the spirit of the New Testament. And today, when the horrors of war are so constantly in the news, this epithet for God seems to be all the more abhorrent. The epithet was quoted at the beginning of an article in an earlier volume of this Journal, A. Gelston's ‘The Wars of Israel’.page 2 The problem becomes most acute in the question of the wars of conquest, for there we can trace two aspects of Yahweh's activity. On the one hand, Yahweh uses war as a means of judgment on the sinful Canaanitespage 3; on the other hand, He uses war as a means to an end, namely the fulfilment of the patriarchal and Covenant promises.page 4 Although Gelston mentions this double aspect of the wars of conquest (p. 326), his conclusions only satisfy the former of the two aspects (p. 331). Of his five summary points, two are applicable to this particular case. The first is that ‘when Yahweh is identified with Israel's cause, the motive is usually the execution of judgment on Yahweh's enemies’, and secondly he declares that ‘Yahweh alone is ultimately sovereign in human history, and his cause is always just’.


2014 ◽  
Vol 32 (1) ◽  
pp. 65-96 ◽  
Author(s):  
Stefan K. Stantchev

This article analyzes the targets of papal policies on Christians' relations with non-(Roman)Christians contained in canon law'sOn Jews, Saracens, and Their Servantsin a historical period that has attracted comparatively little attention: the mid-thirteenth to the late fifteenth century. It argues the inherent ambiguity of the normative discourse on “proper” relations with “infidels.” On the one hand, popes and canonists faithfully preserved a taxonomy of otherness inherited from the church's ancient past. On the other hand, they often reduced all difference to the pastoral distinction between flock and “infidels.” The conflation of non-Christians occurred in multiple ways: through the explicit extension of a specific policy's targets, overt canonistic discussion, the tacit application of the law to analogous situations, or its simplification for use in the confessional. As a result, a number of policies aimed originally at a specific target were applied to all non-Christians. In the course of the later Middle Ages, a whole group of policies meant to define Christians' proper relations with others became potentially applicable against all non-Christians. In the words of a widely, if regionally disseminated, penitential work, all that was said of the Jews applies to the Muslims and all that was said of heretics, applies to schismatics.


2021 ◽  
Vol 70 (1) ◽  
pp. 47-59
Author(s):  
Nikolay A. Mikhalev ◽  

The article deals with examination of the main parameters of the post-war 1946–1947 famine’s impact on the demographic sphere of the Urals. It considers the basic approaches proposed by Russian and foreign researchers to determine the level of excess mortality under conditions of the famine. Some of them were used to assess its scale in the Urals. The changes that took place in the processes of reproduction of the region’s population are revealed. Particular attention is paid to the structural analysis of mortality processes. The specifics of registration of deaths from alimentary dystrophy in the consolidated demographic forms are shown, their share in the corresponding group of causes of death is determined. The transformation of fertility processes is considered, the size of its decrease under the influence of the famine is established. The 1946–1947 famine led to an increase in mortality, it virtually interrupted a short period of post-war compensation of the population, which turned out to be insufficient and incomplete. Estimates of direct losses from the famine vary, but they all inevitably have the character of rough, tentative assumptions. On the one hand, this is due to the limitations imposed by the informative potential of the sources available to researchers today. On the other hand, the reason lies in an extraordinary nature of the very period, marked by a multitude of turbulent events that destabilized the situation, when it becomes almost impossible to find the demographic norm on which calculations should be made.


2020 ◽  
Vol 39 ◽  
pp. 148-156
Author(s):  
Valeria Tocco

"Fernando Gil, analyzing Salazar’s speeches, identified the figure of the persuasive force of the long-lived dictator in what he called “invisibility rhetoric”. On the other hand, especially after the Second World War, the intellectuals who opposed the regime also had to adopt diegetic strategies of “invisibility”, in order to make dissent more effective and give voice to silence. My aim is to compare these two forms of the “invisibility rhetoric” and to illustrate the peculiarities of the relationship between power and culture in post-war Portugal."


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