Reply to Guy Longworth

Starting in about 2004 John McDowell and I have engaged in a debate. There have been a number of public exchanges, and quite a few more private ones. In my view, some progress has been made (though the debate continues). Others may disagree (the ‘law of diminishing fleas’). I, at any rate, think I have learned from him. Guy Longworth does us both the honour of comparing our debate to one a half century earlier between J. L. Austin and P. F. Strawson. Honours apart, I think he has pointed to an illuminating connection between what I have long thought the main issue and another. If I had been asked what question McDowell and I had been (most centrally) debating, I would have said: it is the question how enjoying an experience of perceiving (e.g., of seeing) can make judging one thing or another intelligibly rational (that last term lifted from McDowell). I have a story to tell which is, in one key respect, sparser than his. To telegraph, he thinks such experience must have (representational) content. I think, not just that it needn’t, but that if it did, we would be cut off from ...

1980 ◽  
Vol 70 ◽  
pp. 1-11 ◽  
Author(s):  
J. S. Richardson

The agrarian law of Tiberius Gracchus is on any reckoning a significant piece of legislation in the history of the later Roman republic, and it is a measure of our ignorance of that critical period that it should still be possible to ask who he intended its beneficiaries to be without any immediate prospect of a clear answer. This is of especial concern because the problem affects not only the interpretation of Gracchus himself, and the evaluation of the sources for the period, but also our estimate of the whole complex of attitudes and actions which make up the turbulent half-century which followed his death in 133 B.C.In so far as there is any agreement among modern scholars, opinion has favoured the view that Roman citizens alone were intended to profit from the law. I wish to suggest here firstly that the connection between land distribution and citizenship is more intimate and more complex than has sometimes been realised, and also that an inclusion of non-Romans among the beneficiaries of Gracchus' law may explain certain puzzling features in the historical tradition about the law itself and its aftermath.


Author(s):  
Angélica María Gómez Medina ◽  
Fabiola Miranda Perez

<p><strong>Resumen</strong></p><p>Este artículo busca mostrar los efectos de la incursión del Estado chileno en la lucha contra las violencias hacia las mujeres en el ámbito doméstico. Para esto acudimos a dispositivos legales y políticos. Se mostrará el rol de las instituciones de justicia y del Servicio Nacional de la Mujer (SERNAM) en tanto que instrumentos de atención y protección a las personas afectadas por la problemática, durante los gobiernos de Michelle Bachelet (2006-2010) y de Sebastián Piñera (2010-2014). Durante el desarrollo del análisis, se caracterizará cómo entra en tensión el enfoque familiarista de la ley con los dispositivos propuestos por el Estado. Avanzando que el género como categoría crítica si bien es invisibilizado, de igual modo aparece como ordenador de relaciones de poder y dominación. Lo anterior ocurre tanto en la construcción de la legislación, como en la intervención de la problemática en niveles locales.</p><p> </p><p><strong>Abstract</strong></p><p>This article seeks to show the effects of the incursion of Chilean State in the struggle against violence towards women in the domestic sphere. For this, we focus on political and legal devices. We will show the role of the Courts of Justice and National Women’s Service (SERNAM) as instruments of attention and protection for the people affected by the issue, during the latest governments of Michelle Bachelet (2006 – 2010) and Sebastian Piñera (2010-2014). During the development of the analysis, it will be characterized how the familiarist approach of the law comes into tension with the devices proposed by the State. Stating that gender as a critical category, while being invisible, likewise appears as a power and domination relation ordering. This occurs both in the construction of legislation and in the intervention of the main issue at local levels.</p><div id="SLG_balloon_obj" style="display: block;"><div id="SLG_button" class="SLG_ImTranslatorLogo" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/imtranslator-s.png'); display: none; opacity: 1;"> </div><div id="SLG_shadow_translation_result2" style="display: none;"> </div><div id="SLG_shadow_translator" style="display: none;"><div id="SLG_planshet" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/bg2.png') #f4f5f5;"><div id="SLG_arrow_up" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/up.png');"> </div><div id="SLG_providers" style="visibility: hidden;"><div id="SLG_P0" class="SLG_BL_LABLE_ON" title="Google">G</div><div id="SLG_P1" class="SLG_BL_LABLE_ON" title="Microsoft">M</div><div id="SLG_P2" class="SLG_BL_LABLE_ON" title="Translator">T</div></div><div id="SLG_alert_bbl"> </div><div id="SLG_TB"><div id="SLG_bubblelogo" class="SLG_ImTranslatorLogo" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/imtranslator-s.png');"> </div><table id="SLG_tables" cellspacing="1"><tr><td class="SLG_td" align="right" width="10%"><input id="SLG_locer" title="Fijar idioma" type="checkbox" /></td><td class="SLG_td" align="left" width="20%"><select id="SLG_lng_from"><option value="auto">Detectar idioma</option><option value="">undefined</option></select></td><td class="SLG_td" align="center" width="3"> </td><td class="SLG_td" align="left" width="20%"><select id="SLG_lng_to"><option value="">undefined</option></select></td><td class="SLG_td" align="center" width="21%"> </td><td class="SLG_td" align="center" width="6%"> </td><td class="SLG_td" align="center" width="6%"> </td><td class="SLG_td" align="center" width="6%"> </td><td class="SLG_td" align="center" width="6%"> </td><td class="SLG_td" width="10%"> </td><td class="SLG_td" align="right" width="8%"> </td></tr></table></div></div><div id="SLG_shadow_translation_result" style="visibility: visible;"> </div><div id="SLG_loading" class="SLG_loading" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/loading.gif');"> </div><div id="SLG_player2"> </div><div id="SLG_alert100">La función de sonido está limitada a 200 caracteres</div><div id="SLG_Balloon_options" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/bg3.png') #ffffff;"><div id="SLG_arrow_down" style="background: url('chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/img/util/down.png');"> </div><table width="100%"><tr><td align="left" width="18%" height="16"> </td><td align="center" width="68%"><a class="SLG_options" title="Mostrar opciones" href="chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/html/options/options.html?bbl" target="_blank">Opciones</a> : <a class="SLG_options" title="Historial de traducciones" href="chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/html/options/options.html?hist" target="_blank">Historia</a> : <a class="SLG_options" title="ImTranslator Ayuda" href="http://about.imtranslator.net/tutorials/presentations/google-translate-for-opera/opera-popup-bubble/" target="_blank">Ayuda</a> : <a class="SLG_options" title="ImTranslator Feedback" href="chrome-extension://mchdgimobfnilobnllpdnompfjkkfdmi/content/html/options/options.html?feed" target="_blank">Feedback</a></td><td align="right" width="15%"><span id="SLG_Balloon_Close" title="Cerrar">Cerrar</span></td></tr></table></div></div></div>


2019 ◽  
Vol 53 (01) ◽  
pp. 6-19
Author(s):  
Raja Shehadeh

AbstractSince 1967, despite international legal restrictions, Israel has sought to annex Eastern Jerusalem. Fifty-one years later, it publicly declared in its Nation State Law: “Jerusalem, complete and united, is the capital of Israel.” In the West Bank, Israel initiated on the ground changes that furthered annexation without formally declaring any part of it as annexed. For decades, Al-Haq has documented the gradual encroachment of occupation by successive Israeli administrations. And yet the Palestinian leadership failed to successfully utilize the law to support its case. Nor could the 190 states, parties to the Fourth Geneva Convention, be convinced to enforce the provision in the Convention which bids the High Contracting Parties to “ensure respect for the present convention in all circumstances.” During the Oslo negotiations, Israel succeeded in leaving Jerusalem and the Jewish settlements outside of the jurisdiction of the Palestinian Authority. Given these patterns across nearly a half-century of history, it seems likely that Israel will declare the full annexation of the West Bank in part or in its entirety precisely because it has succeeded in accomplishing this in the case of Jerusalem.


1988 ◽  
Vol 34 (3) ◽  
pp. 411-430 ◽  
Author(s):  
Bernard Lategan

In recent research, the claim has been made that Paul's statements about the law in Galatians are often misread from the perspective of the post-reformation law/gospel debate. The thesis of this article is that Galatians has also suffered from a different kind of misreading, that is a reading from a specific perspective of the Corinthian correspondence and which mistakenly assumes that the main issue in Galatians is a defense of Paul's apostolic authority. It will be argued that the main focus is on thenatureof Paul's gospel and, therefore, on the theological basis on which it rests. For this purpose, a number of arguments will be presented relating to the function of Gal 1. 10–11 and 2. 20, both critical transitions in the structure of the letter. These arguments are based on a pragmatic analysis of the letter as a whole, which cannot be discussed here in any detail. It should be stressed, however, that for the determining of the rhetorical function of any subsection of the letter, an analysis of the entire text as a communicative unity is essential. Therefore it is necessary to explain certain methodological implications of the approach which will be followed here.


Author(s):  
Muhammad Burhanuddin

The Charter of Medina was able to unite of tribes in the Medina (Yastrib) to lived peacefully, pillars, and protect to each others. Peace is not be separated from the presence of conflicts before there. The reseacrher a formulation to tree problems. 1. Why the Charter of Medina was able use to unite the tribers or etnich are  fused in to one friday? 2. How is the concept of conflict mapping the Charter of Medina? 3.What is the main issue and supporting issue the formation of Chater of Medina?. This reseacrh use library reseacrh. The Method of this reseach is critical analysis description. The research results get that are; first  the Charter of Medina is a peace charter to unit the tribes that still ethnicity and often be in conflict as sosio-culture condition that has been in force in the community. Second the conflict mapping Charter of Medina could be the existence of the condition a  position of Muhammad and his folowers in Mecca. So the presence of closely related conflict mapping intern between tribes, tribes of Medina who positioned Muhammad as universal. Second the main issues in the Medina Charter; safety, power, and resource. The suppoting issues are; unity of the people, rule of law, islamic union, public protection, protection of minorities, and highest power in the law of Medina as stated in the articles of the Charter of Medina.Keywords: conflict, the Charter of Medina, conflict mapping, issues, and sociocultural. 


2019 ◽  
pp. 419-424
Author(s):  
Yaacob Dweck

This coda details how Jacob Sasportas, as well as his three most intensive readers—Jacob Emden, Gershom Scholem, and Joel Teitelbaum—all perceived their worlds to be in crisis. For Sasportas, the crisis in the middle of the 1660s was one of order. This manifested itself as contempt for the law. Sasportas used all the resources of the textual tradition he called his own to make sense of the world around him, a world that a Messiah whom he had never met and who lived half a world away had turned upside down. He gestured toward a position that validated his own provisional skepticism as a better path to genuine repentance than the ardent and collective certainty of the Jewish crowd. A half century after Sasportas died, Jacob Emden reedited and reprinted Sasportas, thereby forging an image of Sasportas as a heresy hunter. A century and a half after Emden's death, Gershom Scholem turned to Sabbetai Zevi and the messianic movement around him, which enabled Scholem to tell a story about Jewish immanence without the law. Meanwhile, Joel Teitelbaum lived through the same geopolitical catastrophe as Scholem but reached a different conclusion about it. Just as Sasportas had the courage of his convictions to speak out against the Jews of his day, nearly all of whom had become believers in Sabbetai Zevi, Teitelbaum similarly rebuked the Jews of his own time, nearly all of whom had become Zionists.


Author(s):  
Putu Sumiasi

The article entitled The Withdrawal of the Leasing Object in the event ofCustomer’s Default in Payment. The main issue discussed is that whether thewithdrawal of the leasing object is acceptable by the law in the event ofcustomer’s default in payment.The research in this paper is classified as a Normative Legal research, whichis based on primary and secondary legal materials. The approach taken was thestatutory and the analytical conceptual approach.The research results indicate that with the withdrawal of leasing object in alease agreement by the creditor according to law (under the provisions of Article 1338of Indonesian Civil Code) can be justified and lawful. The agreement of waivingthe provisions of article 1266 of paragraph 2 of Indonesian Civil Codebinding on the partie based on the principle of freedom of contract


Author(s):  
Katherine Isobel Baxter

Imagined States examines the significance of the law in colonial and postcolonial fiction from and about Nigeria between 1900 and 1966. The book argues that in the discrete period of the final half-century of British colonialism in Nigeria through into the early years of independence prior to the Biafran War, the law provided a key site for fiction’s negotiations with the increasingly complex realities of the colonial project. Attending to the representation of the law in that fiction provides important insights not only into the realities of the historical period but, equally importantly, into the dominant and emergent discourses and ideologies that shaped those realities. Imagined States explores a range of texts including popular, middle-brow and acclaimed postcolonial novels, as well as newspaper stories and memoirs, by both British and Nigerian authors (including Chinua Achebe, Joyce Carey, Cyprian Ekwensi and Edgar Wallace), focusing in particular on how the state of exception and ideas of civilisation were negotiated imaginatively in the law and fiction. These explorations are organised chronologically and thematically, moving from the law ‘upcountry’ (focusing on pre- and inter-war British representations of the District Commissioner), through the law in the city (focusing on late colonial and early postcolonial Nigerian fiction), to law and politics (focusing on postcolonial Nigerian representations of treason and violence).


1961 ◽  
Vol 55 (2) ◽  
pp. 374-397 ◽  
Author(s):  
Howard S. Levie

One of the more significant, but inadequately recognized, developments in the field of the law of war which has occurred during the past half-century is that with respect to the institution of the Protecting Power. Surprisingly little has been written, especially in English, either on the general subject of the Protecting Power or on the specific subject of the Protecting Power and its relationship to the prisoner-of-war problem. This article will endeavor, to a necessarily limited extent, to fill that void, with the emphasis being placed on the gradual, but steady, expansion of the authority, responsibility, and functions of the Protecting Power in safeguarding the welfare of prisoners of war.


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