scholarly journals The Concept and Functions of a Universal Language of Law

2021 ◽  
Vol 66 (2) ◽  
pp. 201-228
Author(s):  
Katarzyna Doliwa

Abstract The subject of the article is the concept of a universal language and a reflection on its importance for law. The starting point is a presentation of the history of the concept of a common language for all mankind, a concept that has always accompanied man – it is present in the Bible, in the ancient writings of Near Eastern peoples, it was alive in the Middle Ages and during the Renaissance, and it experienced its particular heyday – among other reasons because of the gradual abandonment of Latin as the language of science – in the seventeenth century, an age that was reformist by definition. Since its inception, the concept of a universal language has been inextricably linked with the idea of world peace and universal happiness for all people. It is significant that in most universal language designs, regardless of the era, there were, to a greater or lesser extent, references to the utility of such languages for law. The author, tracing the development of the concept of a universal language, focuses on its fullest contemporary development: Esperanto. Esperanto, like previous universal language designs, places particular emphasis on ideas linked to the concept of a universal language, especially the idea of peaceful coexistence and understanding between peoples. In this context, it is reasonable to ask what role Esperanto can play in the development of certain branches of law, especially international law. Given the position of English as the language of legal acts of international importance, the answer to this question is currently not clear.

1982 ◽  
Vol 18 ◽  
pp. 309-317 ◽  
Author(s):  
Anthony Fletcher

Their sense of national identity is not something that men have been in the habit of directly recording. Its strength or weakness, in relation to commitment to international causes or to localist sentiment, can often only be inferred by examining political and religious attitudes and personal behaviour. So far as the early modern period is concerned, the subject is hazardous because groups and individuals must have varied enormously in the extent to which national identity meant something to them or influenced their lives. The temptation to generalise must be resisted. It is all too easy to suppose that national identity became well established in England in the Tudor century, when a national culture, based on widespread literacy among gentry, yeomen and townsmen, flowered as it had never done before, when the bible was first generally available in English, when John Foxe produced his celebrated Acts and Monuments, better known as the Book of Martyrs. Recent work reassessing the significance of Foxe’s account of the English reformation and other Elizabethan polemical writings provdes a convenient starting point for this brief investigation of some of the connections between religious zeal and national consciousness between 1558 and 1642.


Traditio ◽  
1995 ◽  
Vol 50 ◽  
pp. 334-341
Author(s):  
J. N. Hillgarth

In my view it will not be possible to write the detailed history of the Jewish community in Majorca until a great deal more preliminary work has been done on the sources for that history. The following sketch of the subject is limited to the period before 1500, and, except for some references to conversos, to the time before 1391. It seems best to begin with a brief discussion of the context within which the Jewish community of Majorca emerged in the later Middle Ages and of the historical background which gave it its peculiar importance.


Author(s):  
Gerald West

This chapter takes its starting point from the African experience, across a range of African contexts, of Africa as both the subject and object of biblical narrative. When the Bible came to Africa, it came with well-established colonial metanarratives, constructed in part from biblical narratives. These colonial metanarratives were in turn partly reconstructed by the engagement with African others, from both a European and an African perspective along two diverging trajectories, with biblical narrative making a contribution to both. This chapter focuses on the capacity of biblical narrative, biblical story, to be both incorporated into “local” metanarratives and to shape these metanarratives. The contexts that are the focus of this chapter are largely “third world” contexts, across which there are significant family resemblances and important contextual differences.


1970 ◽  
Vol 42 (117) ◽  
pp. 159-174
Author(s):  
Michael Böss

WRITING NATIONAL HISTORY AFTER MODERNISM: THE HISTORY OF PEOPLEHOOD IN LIGHT OF EUROPEAN GRAND NARRATIVES | The purpose of the article is to refute the recent claim that Danish history cannot be written on the assumption of the existence of a Danish people prior to 19th-century nationalism. The article argues that, over the past twenty years, scholars in pre-modern European history have highlighted the limitations of the modernist paradigm in the study of nationalism and the history of nations. For example, modernists have difficulties explaining why a Medieval chronicle such as Saxo Grammaticus’s Gesta Danorum was translated in the mid-1600s, and why it could be used for new purposes in the 1800s, if there had not been a continuity in notions of peoplehood between the Middle Ages and the Modern Age. Of course, the claim of continuity should not be seen as an argument for an identity between the “Danes” of Saxo’s time and the Danes of the 19th-century Danish nation-state. Rather, the modern Danishness should be understood as the product of a historical process, in which a number of European cultural narratives and state building played a significant role. The four most important narratives of the Middle Ages were derived from the Bible, which was a rich treasure of images and stories of ‘people’, ‘tribe’, ‘God’, King, ‘justice’ and ‘kingdom’ (state). While keeping the basic structures, the meanings of these narratives were re-interpreted and placed in new hierarchical positions in the course of time under the impact of the Reformation, 16th-century English Puritanism, Enlightenment patriotism, the French Revolution and 19th-century romantic nationalism. The article concludes that it is still possible to write national histories featuring ‘the people’ as one of the actors. But the historian should keep in mind that ‘the people’ did not always play the main role, nor did they play the same role as in previous periods. And even though there is a need to form syntheses when writing national history, national identities have always developed within a context of competing and hierarchical narratives. In Denmark, the ‘patriotist narrative’ seems to be in ascendancy in the social and cultural elites, but has only partly replaced the ‘ethno-national’ narrative which is widespread in other parts of the population. The ‘compact narrative’ has so far survived due the continued love of the people for their monarch. It may even prove to provide social glue for a sense of peoplehood uniting ‘old’ and ‘new’ Danes.


Author(s):  
Brian Doak

The book of Job is the longest and most thematically and linguistically challenging of the “wisdom books” in the Hebrew Bible/Old Testament. In the book’s prologue (Job 1–2) the narrator introduces readers to a man named Job (Hebrew ‘iyyōb; etymology unclear). Job’s prosperity extends into all areas of his life, and seems at least potentially linked to his moral status as completely righteous and blameless before God. The earthly scene then gives way to a heavenly setting, where a figure called “the accuser” (literally “the satan”; haśśātān) appears before God. God boasts about Job’s righteousness, but the accuser counters, suggesting that Job’s moral achievement has been merely the byproduct of God’s protection. The accuser and God enter into a bet: Job’s children will be killed, Job’s possessions stripped, and Job’s body afflicted with a painful disease—all to see whether Job will curse God. Job initially responds to the distress with pious statements, affirming God’s authority over his life. In a state of intense suffering, Job is joined by three friends—Eliphaz, Bildad, and Zophar, and then eventually a fourth, Elihu—who offer rounds of speeches debating the reasons for Job’s situation (Job 3–37). Job responds to the friends in turn, alternately lamenting his situation and pleading for a chance to address God directly and argue his case as an innocent man. The friends accuse Job of committing some great sin to deserve his fate; they urge repentance, and defend God as a just ruler. God enters the dispute in a forceful whirlwind (Job 38), and proceeds for several chapters (Job 38–41) to overwhelm Job with resounding statements on creation (38:1–38), animal life (38:39–40:14), and visions of two powerful creatures, Behemoth (40:15–24) and Leviathan (41:1–11). The book ends with Job acknowledging to God the fact that he is overmatched in the face of divine power. God condemns the friends for not speaking “what is right, as my servant Job has” (42:7), and then restores Job’s lost possessions and children (42:10–17). Job has enjoyed a rich reception history in Judaism, Christianity, Islam, and, perhaps more than any other book in the Bible except Genesis, as a world literary classic in its own right. Within the Bible, it is the most bracing statement on the problem of suffering, as it presents a situation wherein a clearly righteous person suffers immensely—putting it at odds with more straightforward descriptions of why people suffer in Proverbs, Deuteronomy, and other texts. Scholarly research on Job has focused on the book’s place among other ancient Near Eastern wisdom materials, on questions of language (given the large amount of difficult Hebrew terms in the book), on historical-critical concerns about authorship and the way the book may have come together in its present form, and on the history of the translation of the text into Greek and other ancient languages. In the 21st century, interpreters have increasingly taken up readings of Job that situate it among concerns related to economics, disability, gender, and the history of its reception in many different eras and communities.


2020 ◽  
Vol 17 (3) ◽  
pp. 377-382
Author(s):  
Dunja Fehimović ◽  
Ruth Goldberg

Carlos Lechuga’s film Santa y Andrés (2016) has enjoyed worldwide acclaim as an intimate, dramatic portrayal of the unlikely friendship that develops in rural Cuba between Andrés, a gay dissident writer, and Santa, the militant citizen who has been sent to surveil him. Declared to be extreme and/or inaccurate in its historical depictions, the film was censored in Cuba and was the subject of intense controversy and public polemics surrounding its release in 2016. Debates about the film’s subject matter and its censorship extend ongoing disagreement over the role of art within the Cuban Revolution, and the changing nature of the Cuban film industry itself. This dossier brings together new scholarship on Santa y Andrés and is linked to an online archive of some of the original essays that have been written about the film by Cuban critics and filmmakers since 2016. The aim of this project is to create a starting point for researchers who wish to investigate Santa y Andrés, evaluating the film both for its contentious initial reception, and in terms of its enduring contribution to the history of Cuban cinema.


Author(s):  
PHILIP R. DAVIES

Most archaeologists of ancient Israel still operate with a pro-biblical ideology, while the role that archaeology has played in Zionist nation building is extensively documented. Terms such as ‘ninth century’ and ‘Iron Age’ represent an improvement on ‘United Monarchy’ and ‘Divided Monarchy’, but these latter terms remain implanted mentally as part of a larger portrait that may be called ‘biblical Israel’. This chapter argues that the question of ‘biblical Israel’ must be regarded as distinct from the kingdoms of Israel and Judah as a major historical problem rather than a given datum. ‘Biblical Israel’ can never be the subject of a modern critical history, but is rather a crucial part of that history, a ‘memory’, no doubt historically conditioned, that became crucial in creating Judaism. This realization will enable us not only to write a decent critical history of Iron Age central Palestine but also to bring that history and the biblical narrative into the kind of critical engagement that will lead to a better understanding of the Bible itself.


Author(s):  
Rachel Hallote

When the artistic canon of the Southern Levant coalesced in the late nineteenth and early twentieth centuries, scholars thought of the region, then Ottoman Palestine, as the locus of the Bible. The small-scale nature of the archaeological finds as well as their relative dearth reinforced a reliance on biblical narratives as a framework for understanding the culture of the region. Moreover, early scholarship did not recognize the complex regionalism of the Southern Levant or the diversity of its populations. Consequently, the artistic canon that developed did not represent the historical and archaeological realities of the region. This chapter examines the history of how the artistic canon of the Southern Levant formed over the past century of scholarship, why various scholars of the early and middle twentieth century included particular items in the canon, and why these now entrenched representations may or may not be helpful to the discipline’s future.


Author(s):  
David Fisher

Henry M. Morris, widely regarded as the founder of the modern creationist movement, died February 25, 2006, at the age of eighty-seven. His 1961 book The Genesis Flood, subtitled, The Biblical Record and Its Scientific Implications, was a cornerstone of the movement. Many more books followed, including Scientific Creationism; What Is Creation Science?; Men of Science; Men of God; History of Modern Creationism; The Long War Against God; and Biblical Creationism. In 1970 he founded the Institute for Creation Research, which continues to be a leading creationist force, now headed by his sons, John and Henry III. In 1982 I debated the subject with him at the Coral Ridge Presbyterian Church in Fort Lauderdale in front of a sellout crowd of several thousand. He had emphasized in our initial contacts that the debate would be based on science, not religion, but when he opened his remarks with this same statement and the audience responded with loud cries of “Amen!” and “Praise Jesus!” I knew I was in for a long night. Both of us steered away from the biological arguments, I because I’m not a biologist and he presumably because the Biblical side of that is so evidently silly—if he had tried to describe how Noah brought two mosquitoes or two fleas aboard he might have got away with it, but the whole panoply of billions of species of submicroscopic creatures was obviously a problem. Instead he concentrated on the physical side, in particular on the age of the earth, and that was fine with me. As noted in the previous chapters, the earth’s age is central to Darwin’s argument. A strict interpretation of the Bible gives a limit of thousands of years, which is clearly not enough time for evolution to take place. Radioactive dating, on the other hand, gives Darwin his needed time span of billions of years, and so a cornerstone of the creationist argument is its necessary destruction. Morris was a wonderful motivational speaker, and spent a long introduction wandering through the Bible to show how wonderfully reasonable it is.


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