Law and Anthropology in the Netherlands: From Adat Law School to Anthropology of Law

2020 ◽  
Author(s):  
Keebet von Benda-Beckmann
Keyword(s):  
Twentieth Century ◽  
The Netherlands ◽  
Indigenous Rights ◽  
Law School ◽  
Legal Anthropology ◽  
Colonial Era ◽  
Legal Science ◽  
Conceptual Problems ◽  
Legal Concepts ◽  
Indigenous Rights Movement

This chapter offers an overview of the Dutch tradition of legal anthropology as it developed from the Adat Law School of the early twentieth century, especially from the contributions of its leading member, Cornelis van Vollenhoven. It begins with a brief sketch of the precursors of the Adat Law School, then traces the development of the Dutch tradition from the work of Van Vollenhoven and his colleagues to that of later scholars, showing how, in the last two decades of the colonial era, research on adat law became an ever more conservative and shallow legal science. The second part of the chapter focuses on the emerging Dutch anthropology of law after 1950, describing its institutional bases and emphasizing its increasing embeddedness in international debates. It also discusses some of the conceptual problems posed by the Indonesian indigenous rights movement, which draws both on international legal concepts and on concepts developed by the Adat Law School.

scholarly journals Legal Theology: The Turn to Conceptualism in Nineteenth-Century Jewish Law

2006 ◽  
Vol 21 (1) ◽  
pp. 39-100 ◽  
Author(s):  
Chaim Saiman
Keyword(s):  
Nineteenth Century ◽  
Formal Methods ◽  
Law School ◽  
Jewish Law ◽  
Legal Analysis ◽  
The Core ◽  
Legal Thought ◽  
Legal Science ◽  
Legal Concepts ◽  
University Setting

The nineteenth century was the age of legal science. Across the globe, numerous cultures began to think of their law in terms of an interlocking system of internally coherent rules. While the details differ, these movements shared the belief that numerous legal propositions were held together by a small number of core legal concepts, and that correct decisions could be determined via formal methods of legal deduction and analysis. This mode of legal thought gave increased importance to legal concepts and analytic categories. Duncan Kennedy has termed this mode of legal analysis Classical Legal Thought.This restructuring of legal analysis brought about changes in the understanding of what the law is and how it should be studied. In its American variant, the ascendance of Classical Legal Thought is usually associated with Christopher C. Langdell's tenure as dean of Harvard's law school. Langdell created the modern law school by shifting legal training away from apprenticeship and moving it to a university setting where students were trained as legal scholars. Underlying the Langdellian moment is the assumption that law is comprised of analytic concepts which can be apolitically applied through a series of deductions made from the core legal principal.

The Netherlands Antilles and Aruba, an Embarrassing Legacy of the Dutch Colonial era? Dutch Duties Revisited

1989 ◽  
Vol 2 (2) ◽  
pp. 167-193
Author(s):  
Frans A. Nelissen ◽  
Arjen J.P. Tillema
Keyword(s):  
Twentieth Century ◽  
The Netherlands ◽  
International Law ◽  
Colonial Era ◽  
Netherlands Antilles ◽  
Dutch Policy ◽  
Late Twentieth ◽  
The Right ◽  
Late Twentieth Century ◽  
Dutch Colonial

Decolonization in the late twentieth century sometimes differs markedly from the classicalpost-war decolonizationphenomenon. While colonies were then fighting for their independence, today (ex) colonies might have to spend their energy on efforts to prevent being forced into independence. In the case of the Antilles and Aruba, the Dutch seem to view the islands as a somewhat embarrassing legacy of the Dutch colonial era and are seeking to sever all constitutional links with the islands although sofar the Netherlands Antilles have refused to discuss independence at all, while Aruba appears to have some second thoughts about its 1996-independence choice. The issue raises questions of international law, most of them concerning the right of all peoplestoself-determination. The authorsdescribeandanalyze Dutch policy and conclude that it is not in line with Dutch duties under international law.

scholarly journals Confusions about ‘Inner’ and ‘Outer’ Voices: Conceptual Problems in the Study of Auditory Verbal Hallucinations

2021 ◽  
Author(s):  
Franz Knappik ◽  
Josef J. Bless ◽  
Frank Larøi
Keyword(s):  
Twentieth Century ◽  
Clinical Assessment ◽  
Empirical Studies ◽  
Diagnostic Value ◽  
Assessment Tools ◽  
Auditory Verbal Hallucinations ◽  
Early Twentieth Century ◽  
Conceptual Problems ◽  
The Mind

AbstractBoth in research on Auditory Verbal Hallucinations (AVHs) and in their clinical assessment, it is common to distinguish between voices that are experienced as ‘inner’ (or ‘internal’, ‘inside the head’, ‘inside the mind’, ...) and voices that are experienced as ‘outer’ (‘external’, ‘outside the head’, ‘outside the mind’, ...). This inner/outer-contrast is treated not only as an important phenomenological variable of AVHs, it is also often seen as having diagnostic value. In this article, we argue that the distinction between ‘inner’ and ‘outer’ voices is ambiguous between different readings, and that lack of disambiguation in this regard has led to flaws in assessment tools, diagnostic debates and empirical studies. Such flaws, we argue furthermore, are often linked to misreadings of inner/outer-terminology in relevant 19th and early twentieth century work on AVHs, in particular, in connection with Kandinsky’s and Jaspers’s distinction between hallucinations and pseudo-hallucinations.

The Question of God’s Perfection

2021 ◽  
pp. 014610792110306
Author(s):  
Cornell Collin
Keyword(s):  
Twentieth Century ◽  
The Netherlands ◽  
Biblical Theology ◽  
The State ◽  
Rabbinic Literature ◽  
Central Question ◽  
Theological Interpretation ◽  
World Religions ◽  
The Bible ◽  
Present Essay

Is God perfect? The recent volume entitled The Question of God’s Perfection stages a conversation on that topic between mostly Jewish philosophers, theologians, and scholars of rabbinic literature. Although it is neither a work of biblical theology nor a contribution to the theological interpretation of scripture, The Question of God’s Perfection yields stimulating results for these other, intersecting projects. After briefly describing the volume’s central question and contents, the present essay situates the volume’s offerings within the state of the biblical-theological and theological-interpretive fields. In its next section, it considers—and compares— The Question of God’s Perfection with one twentieth-century theological antecedent, the Dutch theologian K.H. Miskotte. In closing, it poses questions for ongoing discussion. The Question of God’s Perfection: Jewish and Christian Essays on the God of the Bible and Talmud, edited by Yoram Hazony & Dru Johnson. Philosophy of Religion – World Religions 8. Leiden, The Netherlands: Brill, 2019. ISBN 9789004387959

Changing National Business Systems: Corporate Governance and Financing in the Netherlands, 1945–2005

2010 ◽  
Vol 84 (4) ◽  
pp. 773-798 ◽  
Author(s):  
Abe de Jong ◽  
Ailsa Röell ◽  
Gerarda Westerhuis
Keyword(s):  
Twentieth Century ◽  
Corporate Governance ◽  
The Netherlands ◽  
Market Economy ◽  
Shareholder Rights ◽  
Business Systems ◽  
Foreign Investors ◽  
Corporate System ◽  
National Business Systems ◽  
National Business

This study traces the evolution of corporate governance and financing structures in the Netherlands during the second half of the twentieth century. A description of Dutch shareholder rights, fi nancing structures, and networks of directors reveals the changes that have occurred in many aspects of the Dutch corporate system over the course of six decades. The case of Royal Ahold illustrates some of the developments that have taken place. Most indicate a transition from a coordinated market economy to a more liberal system. The internationalization of the Dutch economy, which has played an important role in the transition of the system, is reflected in the expansion of Dutch firms beyond the national borders and in the growing number of foreign investors in Dutch fi rms.

Exile, Mobility, and Re-territorialisation in Aceh and Colonial Indonesia

Itinerario ◽  
2021 ◽  
pp. 1-25
Author(s):  
Joshua Gedacht
Keyword(s):  
Twentieth Century ◽  
The Netherlands ◽  
East Indies ◽  
Netherlands East Indies ◽  
Training Schools

For centuries, trading companies and colonial officials have sought to manipulate indigenous Asian kingdoms by banishing recalcitrant elites, thereby discouraging resistance and ensuring compliance. Less examined by scholars is how colonial officials adapted this tool in their efforts to manage mobility and achieve territorialisation at the turn of the twentieth century. Applying Josiah Heyman and Howard Campbell's framework of “re-territorialisation” to make sense of how states harness mobile flows for the purpose of redrawing boundaries and producing new political spaces, this article will examine Dutch strategies for incorporating the sultanate of Aceh into the Netherlands East Indies. Site of an infamous multi-decade war of insurgency and pacification between 1873 and the early 1900s, this Sumatran kingdom had long resisted imperial subjugation. Dutch authorities eventually moved to complete its elusive ambition of conquest by leveraging distance and forcibly sending Acehnese elites to “training schools” in Java. By fusing exile with pedagogy, colonial officials hoped to transform Acehnese elites into loyal servants of the colonial centre. Rancorous debates about the deposed Acehnese sultan, however, illustrated the limitations of such re-territorialisation schemes and the resiliency of alternative Asian geographies.

Instruments of Science or Conquest? Neocolonialism and Modern American Astronomy

2017 ◽  
Vol 47 (3) ◽  
pp. 293-319 ◽  
Author(s):  
Leandra Swanner
Keyword(s):  
Twentieth Century ◽  
Modern Science ◽  
Indigenous Rights ◽  
Special Issue ◽  
Physical Sciences ◽  
Cultural Contexts ◽  
Native Communities ◽  
Professional Activities ◽  
Indigenous Groups ◽  
Sacred Lands

This essay is indebted to Mary Jo Nye’s scholarship spanning the history and philosophy of the modern physical sciences, particularly her efforts to situate scientists within their social, political, and cultural contexts. Beginning in the second half of the twentieth century, members of the Hawai‘i astronomy community found themselves grappling with opposition to new telescope projects stemming from the rise of environmental and indigenous rights movements. I argue that the debate over the Thirty Meter Telescope (TMT) can best be understood as an exemplar of “neocolonialist science.” For indigenous groups who object to science on sacred lands, science has effectively become an agent of colonization. As the TMT controversy illustrates, practicing neocolonialist science—even unknowingly—comes at a high cost for all parties involved. Although scientists are understandably reluctant to equate their professional activities with cultural annihilation, dismissing this unflattering neocolonialist image of modern science has both ethical and practical consequences: Native communities continue to report feeling victimized while scientists’ efforts to expand their research programs suffer social, legal, and economic setbacks. This essay is part of a special issue entitled THE BONDS OF HISTORY edited by Anita Guerrini.

scholarly journals Methodological limitations of sociocultural studies of law

2021 ◽  
Vol 118 ◽  
pp. 01008
Author(s):  
Sergey Borisovich Zinkovsky
Keyword(s):  
Legal Analysis ◽  
Cultural Foundations ◽  
Legal Science ◽  
Actual Nature ◽  
The Social ◽  
Sociocultural Approach ◽  
The Subject ◽  
Sociocultural Studies ◽  
The One ◽  
Legal Concepts

The purpose of the study is to identify the methodological limitations of sociocultural studies of law. The research methods center around the thesis that the sociocultural approach in legal scholarship is most persuasive when implemented in a relatively limited social context. This kind of research is empirical and shows no attention to the creation of explanatory theoretical constructs. The possibilities for comparative legal analysis are also limited because empirical research is primarily descriptive. The result of the study proved that the methods of considering law through the prism of culture are not always able to provide clear tools for analyzing the social factors that determine the features of institutional and procedural differences in law. In addition, the study concludes that the study of law as a cultural phenomenon requires the use of ideal constructions in the process of cognition. On the one hand, it allows operating with concepts whose content is not formally defined. On the other hand, it entails the impossibility of identifying the general principles of the organization of real legal phenomena, the cause-and-effect relationships between them. Foreign sociocultural studies of law often use the concept of “cultural community”, the scope of which allows asserting that the subject of research goes far beyond the scope of legal science. The study’s novelty lies in an attempt to assess whether the search for cultural foundations of law “blurs” the subject of legal science. The main reason for the “conceptual blurring” of sociocultural studies of law is the lack of a universal, generally recognized approach to defining the concept of culture in Russian and foreign legal science. However, the reductionism of the context of sociocultural studies of law, the use of legal and non-legal concepts and categories cannot always be characterized as unproductive. The revealed methodological limitations of sociocultural studies of law do not prevent the explanation of the actual nature of legal phenomena.

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