scholarly journals Development of Comparative Law in Germany, Switzerland, and Austria

2006 ◽  
pp. 68-106 ◽  
Author(s):  
Ingeborg Schwenzer
Keyword(s):  
Nineteenth Century ◽  
Cold War ◽  
Weimar Republic ◽  
Final Section ◽  
Comparative Law ◽  
Fourth Section ◽  
The Third ◽  
The Law ◽  
Post War ◽  
The Cold War

This article provides an overview both of the development of comparative law as a field of research, and of its impact on legal changes in Germany, Switzerland, and Austria. It focuses on the development of comparative law in the field of the law of obligations. The second section deals with the long nineteenth century. The third section considers the golden age of comparative law, which covers the period of the Weimar Republic. The fourth section discusses the ‘dark age’ of the 1930s and the first half of the 1940s. The fifth section describes recovery and post-war developments until the end of the cold war. The final section focuses on attempts to unify the law and on new approaches to comparative law which have gained in importance in the course of the Europeanization of private law.

scholarly journals Development of Comparative Law in Germany, Switzerland, and Austria

2019 ◽  
pp. 53-86
Author(s):  
Ingeborg Schwenzer
Keyword(s):  
Nineteenth Century ◽  
Cold War ◽  
Weimar Republic ◽  
Final Section ◽  
Comparative Law ◽  
Fourth Section ◽  
The Third ◽  
The Law ◽  
Post War ◽  
The Cold War

This article provides an overview both of the development of comparative law as a field of research, and of its impact on legal changes in Germany, Switzerland, and Austria. It focuses on the development of comparative law in the field of the law of obligations. The second section deals with the long nineteenth century. The third section considers the golden age of comparative law, which covers the period of the Weimar Republic. The fourth section discusses the ‘dark age’ of the 1930s and the first half of the 1940s. The fifth section describes recovery and post-war developments until the end of the cold war. The final section focuses on attempts to unify the law and on new approaches to comparative law which have gained in importance in the course of the Europeanization of private law.

The shape of musical improvisation

2017 ◽  
Author(s):  
Milton Mermikides ◽  
Eugene Feygelson
Keyword(s):  
Nineteenth Century ◽  
Theoretical Model ◽  
Detailed Analysis ◽  
Final Section ◽  
Theoretical Framework ◽  
Classical Period ◽  
Violin Concerto ◽  
Fourth Section ◽  
Musical Space ◽  
The Third

This chapter presents practitioner–researcher perspectives on shape in improvisation. A theoretical framework based in jazz improvisational pedagogy and practice is established, and employed in the analysis of examples from both jazz and classical-period repertoire. The chapter is laid out in five sections. The first section provides a brief overview of improvisational research, while the second discusses the concept of improvisation as ‘chains-of-thought’ (a logical narrative established through the repetition and transformation of musical objects). The third reflects upon improvisation as the limitation and variation of a changing set of musical parameters. Using this concept, the fourth section builds a theoretical model of improvisation as navigation through multidimensional musical space (M-Space). The final section uses this model in a detailed analysis of the nineteenth-century violinist Hubert Léonard’s cadenza for Beethoven’s Violin Concerto Op. 61.

Comparative Law and Language

2006 ◽  
pp. 674-708 ◽  
Author(s):  
Vivian Grosswald Curran
Keyword(s):  
Common Law ◽  
Cognitive Model ◽  
Comparative Law ◽  
Legal Culture ◽  
Legal Systems ◽  
Fourth Section ◽  
The Third ◽  
Concrete Application ◽  
Post War

The second section of this article suggests that the study of language is a cognitive model for comparative law. The third section discusses language's dependence on translation. The fourth section discusses comparative law translations in terms of the contrasting categories that undergird the civil and common law legal systems. The fifth section examines the post-war comparative law scholars' immersion in a new language and legal culture. The sixth section situates comparative law between deeply entrenched, mutually contradictory aspirations of universalism and pluralism. The seventh section shows that former domains of pluralism and difference indeed are receding, but that difference itself remains undiminished. The eighth section notes that comparative law's effectiveness as a translator of the foreign depends on how well its acquired skills and methods can be adapted to new kinds of foreignness. The ninth section offers a concrete application of comparative law analysis as translator of current European legal developments.

scholarly journals From the Past to the Future: Changing Agendas in Teacher Education between the 19th and the 21st Century

2012 ◽  
Vol 13 ◽  
pp. 43-70
Author(s):  
Anne Rohstock ◽  
Daniel Tröhler
Keyword(s):  
Nineteenth Century ◽  
Teacher Education ◽  
Cold War ◽  
Teacher Training ◽  
History Of Education ◽  
Nation Building ◽  
Professional Educators ◽  
History Of ◽  
Post War ◽  
The Cold War

The educational turn of the late eighteenth century, nation building of the nineteenth century, and efforts to promote global unity after the two World Wars did not only have effects on educational organizations, policies, and materials, but also on the manner with which the major actors in the world of education—namely, teachers – were trained. The different ideals and agendas in teacher training reflected the major cultural concerns of each era: in the nineteenth century, this was national uniqueness and supremacy, which, in the post war period, gave way to internationalization and global standardization. These visions were associated with the emergence of particular academic subfields and heavily shaped pedagogical ideals. In the era of nation building, the history of education dominated teacher education. In the context of the Cold War teacher training was aligned with a new internationalist and scientific paradigm. The following chapter discusses these two agendas in teacher education. In the first section we will reconstruct the rise of the history of education as a major subject in nationalist and religiously inspired teacher education in Germany and France. In the second section we will show how this leitmotif in the Cold War era was supplanted by a “cognitive turn” in the training of professional educators.

The Unassailable Self: Freud's Image Among Post-war American Intellectuals

2017 ◽  
Vol 19 (1) ◽  
pp. 55-75 ◽  
Author(s):  
Katherine Jenness
Keyword(s):  
World War Ii ◽  
Cold War ◽  
External Force ◽  
Sigmund Freud ◽  
Human Being ◽  
World War ◽  
The Us ◽  
Post War ◽  
The Cold War ◽  
The Way

This paper explores the way American intellectuals depicted Sigmund Freud during the peak of popularity and prestige of psychoanalysis in the US, roughly the decade and a half following World War II. These intellectuals insisted upon the unassailability of Freud's mind and personality. He was depicted as unsusceptible to any external force or influence, a trait which was thought to account for Freud's admirable comportment as a scientist, colleague and human being. This post-war image of Freud was shaped in part by the Cold War anxiety that modern individuality was imperilled by totalitarian forces, which could only be resisted by the most rugged of selves. It was also shaped by the unique situation of the intellectuals themselves, who were eager to position themselves, like the Freud they imagined, as steadfastly independent and critical thinkers who would, through the very clarity of their thought, lead America to a more robust democracy.

The 1945 World Order – Process with «Open» Continuation

2020 ◽  
Vol 13 (4) ◽  
pp. 52-79
Author(s):  
V. T. Yungblud
Keyword(s):  
Cold War ◽  
International Relations ◽  
World Order ◽  
International Order ◽  
International Terrorism ◽  
Bipolar Structure ◽  
Political Processes ◽  
The World ◽  
Post War ◽  
The Cold War

The Yalta-Potsdam system of international relations, established by culmination of World War II, was created to maintain the security and cooperation of states in the post-war world. Leaders of the Big Three, who ensured the Victory over the fascist-militarist bloc in 1945, made decisive contribution to its creation. This system cemented the world order during the Cold War years until the collapse of the USSR in 1991 and the destruction of the bipolar structure of the organization of international relations. Post-Cold War changes stimulated the search for new structures of the international order. Article purpose is to characterize circumstances of foundations formation of postwar world and to show how the historical decisions made by the leaders of the anti-Hitler coalition powers in 1945 are projected onto modern political processes. Study focuses on interrelated questions: what was the post-war world order and how integral it was? How did the political decisions of 1945 affect the origins of the Cold War? Does the American-centrist international order, that prevailed at the end of the 20th century, genetically linked to the Atlantic Charter and the goals of the anti- Hitler coalition in the war, have a future?Many elements of the Yalta-Potsdam system of international relations in the 1990s survived and proved their viability. The end of the Cold War and globalization created conditions for widespread democracy in the world. The liberal system of international relations, which expanded in the late XX - early XXI century, is currently experiencing a crisis. It will be necessary to strengthen existing international institutions that ensure stability and security, primarily to create barriers to the spread of national egoism, radicalism and international terrorism, for have a chance to continue the liberal principles based world order (not necessarily within a unipolar system). Prerequisite for promoting idea of a liberal system of international relations is the adjustment of liberalism as such, refusal to unilaterally impose its principles on peoples with a different set of values. This will also require that all main participants in modern in-ternational life be able to develop a unilateral agenda for common problems and interstate relations, interact in a dialogue mode, delving into the arguments of opponents and taking into account their vital interests.

Brokering Peace in Nuclear Environments

2018 ◽  
Author(s):  
Moeed Yusuf
Keyword(s):  
Cold War ◽  
Third Party ◽  
Bargaining Theory ◽  
The Third ◽  
China And India ◽  
International Setting ◽  
Multiple Audiences ◽  
Crisis Behavior ◽  
The Cold War ◽  
Shed Light

This book is the first to theorize third party mediation in crises between regional nuclear powers. Its relevance flows from two of the most significant international developments since the end of the Cold War: the emergence of regional nuclear rivalries; and the shift from the Cold War’s bipolar context to today’s unipolar international setting. Moving away from the traditional bilateral deterrence models, the book conceptualizes crisis behavior as “brokered bargaining”: a three-way bargaining framework where the regional rivals and the ‘third party’ seek to influence each other to behave in line with their crisis objectives and in so doing, affect each other’s crisis behavior. The book tests brokered bargaining theory by examining U.S.-led crisis management in South Asia, analyzing three major crises between India and Pakistan: the Kargil conflict, 1999; the 2001-02 nuclear standoff; and the Mumbai crisis, 2008. The case studies find strong evidence of behavior predicted by the brokered bargaining framework. They also shed light on several risks of misperceptions and inadvertence due to the challenges inherent in signaling to multiple audiences simultaneously. Traditional explanations rooted in bilateral deterrence models do not account for these, leaving a void with serious practical consequences, which the introduction of brokered bargaining seeks to fill. The book’s findings also offer lessons for crises on the Korean peninsula, between China and India, and between potential nuclear rivals in the Middle East.

Introduction

2018 ◽  
Author(s):  
Jenny Andersson
Keyword(s):  
Cold War ◽  
Critical Systems Thinking ◽  
Critical Systems ◽  
Political Ideologies ◽  
The Future ◽  
History Of ◽  
Post War ◽  
The 1960S ◽  
The Cold War ◽  
Future Visions

The book proposes that the Cold War period saw a key debate about the future as singular or plural. Forms of Cold War science depicted the future as a closed sphere defined by delimited probabilities, but were challenged by alternative notions of the future as a potentially open realm with limits set only by human creativity. The Cold War was a struggle for temporality between the two different future visions of the two blocs, each armed with its set of predictive technologies, but these were rivaled, from the 1960s on, by future visions emerging from decolonization and the emergence of a set of alternative world futures. Futures research has reflected and enacted this debate. In so doing, it offers a window to the post-war history of the social sciences and of contemporary political ideologies of liberalism and neoliberalism, Marxism and revisionist Marxism, critical-systems thinking, ecologism, and postcolonialism.

From global to local and back: the ‘Third World’ concept and the new radical left in France

2017 ◽  
Vol 12 (1) ◽  
pp. 115-136 ◽  
Author(s):  
Christoph Kalter
Keyword(s):  
Cold War ◽  
Migrant Workers ◽  
Third World ◽  
Global Dynamics ◽  
The Third ◽  
The World ◽  
The Third World ◽  
The Cold War ◽  
World Concept ◽  
Radical Left

AbstractIn the second half of the twentieth century, the transnational ‘Third World’ concept defined how people all over the globe perceived the world. This article explains the concept’s extraordinary traction by looking at the interplay of local uses and global contexts through which it emerged. Focusing on the particularly relevant setting of France, it examines the term’s invention in the context of the Cold War, development thinking, and decolonization. It then analyses the reviewPartisans(founded in 1961), which galvanized a new radical left in France and provided a platform for a communication about, but also with, the Third World. Finally, it shows how the association Cedetim (founded in 1967) addressed migrant workers in France as ‘the Third World at home’. In tracing the Third World’s local–global dynamics, this article suggests a praxis-oriented approach that goes beyond famous thinkers and texts and incorporates ‘lesser’ intellectuals and non-textual aspects into a global conceptual history in action.

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