8. Historical and anthropological jurisprudence

2020 ◽  
pp. 233-250
Author(s):  
Raymond Wacks

This chapter, which discusses the development of historical and anthropological jurisprudence, first identifies the characteristics that distinguish the Western legal tradition from other systems. It then discusses the German Romantic Movement, which found its most powerful spokesman in jurist, Friedrich Karl von Savigny; its foremost champion in England was Sir Henry Maine. Maine exercised a significant influence over what has come to be called anthropological jurisprudence or legal anthropology, an approach to law that developed in the twentieth century and which was recognized as essential to an understanding of law by the American realist judge Oliver Wendell Holmes Jr.

Author(s):  
Raymond Wacks

This chapter, which discusses the development of historical and anthropological jurisprudence, first identifies the characteristics that distinguish the Western legal tradition from other systems. It then discusses the German Romantic Movement, which found its most powerful spokesman in the jurist, Friedrich Karl von Savigny; its foremost champion in England was Sir Henry Maine. Maine exercised a significant influence over what has come to be called anthropological jurisprudence or legal anthropology, an approach to law that developed in the twentieth century and which was recognized as essential to an understanding of law by the American realist judge Oliver Wendell Holmes Jr.


Religions ◽  
2021 ◽  
Vol 12 (6) ◽  
pp. 388
Author(s):  
Anton Lingier ◽  
Wim Vandewiele

The decline in numbers of religious in the West is discussed in numerous studies. While there is a consensus about the statistical reality of decreasing numbers, scholars disagree about the alleged reasons for this decline. This article maps the field and presents a survey of four categories of answers to the question of why religious life declined during the twentieth century. A distinction is made between theories that ascribe the decline to (1) historical, (2) societal, (3) ecclesial, and (4) theological reasons. The first category views the decline as part of a historical-cyclical pattern of growth and decline. The second encompasses explanations that focus on secularization, professionalization, or new societal opportunities for women. Thirdly, post-conciliar church-organizational reasons will be discussed. Finally, pre-conciliar theology is investigated as a potential reason for the decline. While none of the reasons discussed here can be excluded from at least contributing to the decline, we demonstrate that some authors are mistaken in their conclusions due to misinterpreting data in a way that obscures the possibility of an emerging decline before the statistics peak in 1965 (which marks the end of the Council). We also demonstrate how theology has been an underestimated but significant influence on the statistics of religious life.


Author(s):  
Daniel Westover

Hopkins is the “consummate incendiary,” the fire-starter of much twentieth and twenty-first-century poetry and a much more significant influence than has previously been acknowledged. Hopkins's still-burning fires ignited the imaginations of early Modernist writers, later twentieth-century poets, contemporary American writing, and modern Caribbean poetry. Hopkins’s "enduring newness" (his linguistic innovations, his metaphysical insights) continually breaks forth in new contexts and with new and surprising meanings.


1974 ◽  
Vol 10 (4) ◽  
pp. 469-478
Author(s):  
Margaret Chatterjee

The rival claims of religion, philosophy and science as dispensers of light have come to the fore in successive periods of history. Betwixt and between them all is the discipline known as theology, a rational study of the concept of God and attendant concepts connected with theistic belief. The dominant period of the connection between religion and philosophy in the west extends from Neo-Platonic thought to the seventeenth century. Before that for the most part philosophy tried to steer clear of ‘mysteries’, and after that philosophy made strenuous efforts to free itself from religion, and even more, from theology. Secular influences on religious language are legion. I mention only a few: governmental analogies (King, government, etc.), agricultural analogies (Shepherd, flock, sower and the seed), analogies from art (Design and Designer), historical approaches of the early Romantic movement (used by Renan and others), and influences from science (Paley's ‘watch’ metaphor, the idea of evolution as shown in the concept of ‘progressive revelation’, the ‘new theology’ of the twentieth century and so on). Recent interest in religious language is part of the last of these influences (influences from science) in so far as the desire to find some empirical moorings for various types of discourse is one of the early springs of the analytical movement. This interest is symptomatic of the trend to rethink ontological matters in terms of epistemology, a trend for which Galileo and Kepler bear a considerable responsibility. Earlier interest in religious language, it must be remembered, was deeply rooted in ontological concern. I refer to the skilled use by Catholic theologians of the method of analogia entis. The basis of this method, and it was a method of argument, was specific beliefs concerning the distinction between finite and infinite being and the relation between them.


1966 ◽  
Vol 60 (4) ◽  
pp. 728-734
Author(s):  
Kenneth Carlston

To state the province and function of law in the control of war requires an understanding, in the broadest possible terms, of the nature of interstate conflict in the twentieth century. When such an understanding is reached, it will be seen that the traditional methodology of international law is inadequate for handling war-peace issues. While international lawyers should be faithful to the legal tradition of fact inquiry and judgment on the basis of legal norms, they should enlarge their perspective of international conflict and restructure their approach to the problem of war. The elaboration of this thesis is the subject of this note.


2014 ◽  
Vol 2 (2) ◽  
pp. 289
Author(s):  
ISMAEL DE OLIVEIRA GEROLAMO

<p><strong>Resumo:</strong> Neste trabalho discutimos como a noção de cultura popular torna-se elemento central para os debates em torno do nacionalismo nas esferas cultural e artística. Exploraremos, mais especificamente, as ideias de Mário de Andrade sobre o nacionalismo musical, tendo em vista a importância dessas ideias e suas possíveis ressonâncias nas discussões acerca da música popular no Brasil durante o século XX. A busca por uma “essência do povo” que constituiria a base de uma nação é ponto de referência para esse debate. Essas ideias, surgidas na Europa, ainda no século XIX, ligadas ao movimento romântico e a atuação dos folcloristas, ganham força no Brasil principalmente a partir do século XX e irão permear inúmeros debates em momentos distintos da história republicana do país.</p><p><strong>Palavras-chave:</strong> Nacionalismo Musical – Mário de Andrade – Música Popular.</p><p> </p><p><strong>Abstract:</strong> In this paper, we discuss how the idea of popular culture becomes central to debates about nationalism in culture and art. We will explore more specifically the ideas of Mário de Andrade on musical nationalism, regarding the importance of these ideas and their possible resonances in discussions of popular music in Brazil during the twentieth century. The search for a "people's essence" that form the basis of a nation is in the core of this debate. These ideas emerged in Europe in the nineteenth century and are connected to the Romantic movement and actions of folklorists and will bulk in Brazil mostly from the twentieth century, when they will be part of numerous debates in distinguished moments in the country’s history.</p><p><strong>Keywords:</strong> Musical Nationalism – Mário de Andrade – Popular Music.</p>


A three-volume work, The History of Scottish Theology surveys in diachronic perspective the theologies that have flourished in Scotland from early monasticism until the end of the twentieth century. Written by an international team of specialists, these volumes provide the most comprehensive review yet of the theological movements, figures, and themes that have shaped Scottish culture and exercised a significant influence in other parts of the world. Particular attention is given to different traditions and to the dispersion of Scottish theology through exile, migration, and missionary activity. Volume I covers the period from the appearance of Christianity around the time of Columba to the era of Reformed Orthodoxy in the seventeenth century. Volume II begins with the early Enlightenment and concludes with late Victorian Scotland. In Volume III, the ‘long twentieth century’ is examined with reference to changes in Scottish church life and society.


Author(s):  
Glenda Sluga

This chapter examines the changing ideas of peace and their connections with the longer history of humanitarianism in the first half of the twentieth century, using gender as an analytical focus. In particular, it explores the international and internationalist contexts of the emerging peace movement and international humanitarianism and their changing character; the gender dimensions of peace-thinking and policies, especially in the context of the League of Nations and the United Nations; and the ways in which feminism was a significant influence on the development of these two international bodies, even as women were sidelined in their operations. In the first half of the twentieth century, these international, intergovernmental organizations had as their central rationale the taming of warfare. The chapter analyzes the extent to which, in each case, they contributed to the institutionalization of new gendered international norms of pacifist and humanitarian activism.


Author(s):  
Ira Dworkin

This chapter considers the significant influence of William Sheppard on U.S. visual culture. In 1890, soon after he arrived in the Congo, he expresses his intent to collect Congolese artifacts, mostly Bakuba, for Hampton’s “Curiosity Room,” which was the basis for its renowned art museum. In the early 1940s after Viktor Lowenfeld established the Hampton art department, John Biggers, Samella Lewis, Elizabeth Catlett, Charles White, and other artists, who were students or teachers there, studied Sheppard’s textile collection. In particular, the color palette and geometry found in Biggers’s work recall both African American quilts and Bakuba textiles, indicating that, beyond political topics, Sheppard’s influence includes a wide aesthetic vocabulary. Twentieth-century African American visual artists developed an innovative cultural practice based on their immersion in a collection whose provenance links it to the movement for reform in the Congo.


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