Religion and Migration in Rakhine

The historical migration and religious development in Rakhine (Arakan) up to the end of the second decade of the 21st century is complicated. This region was a crossroads for South and Southeast Asian civilizations and existed at the overlap of the frontiers of Islam and Theravada Buddhism. Existing in an ecological niche with a difficult topography and climate and a low population base, Rakhine social and state formation was built around inclusivity and tolerance. Although for much of its history the dominant religions of the population of the region were animism and then Brahmanism, successive waves of immigrants from both Bengal and Myanmar meant that Islamic and Theravada Buddhist influence was very strong. The early modern kingdom that emerged at Mrauk-U, its main political center, was built on maritime connectivity with the Indian Ocean world and developed a court culture that was both Muslim and Buddhist and ruled over a population that was religiously heterogeneous. Toleration was challenged, however, by the conquest of Rakhine by Myanmar in 1785 and efforts to eradicate local religious autonomy. Things did not improve under British rule after the British annexation of 1826. The Myanmar and British rulers of Rakhine politicized the region’s history and tried to retell the history of the region in ways that excluded some populations and included others, leading to efforts to force the Rohingya out of Rakhine from August 2017.

Empire Style as a Model of the Embodiment of Patriarchal and Orthodox Ideas in European Culture and Music of the Restoration Era

The article is devoted to the consideration of the qualities of Napoleonic and Alexanderian empire as a “style of empire” and their manifestation in the musical and historical tradition of France and Russia in the first half of the XIX century. The typology of this style is directly associated with the essence of the concept of “empire” as a universal state, pursuing the goals of world domination or leadership and possessing a kind of cultural civilizational mission. For the French absolutism of the New Age and its imperial “hypostasis” in the XIX century, the emphasis on the enlightening and civilizing mission is indicative, while in the history of the Russian Empire, throughout all stages of its existence, the spiritual-messianic idea of understanding Russia as a guardian has been consistently upheld (as “Third Rome”) Orthodoxy inherited from Byzantium. The musical “signs” of the empire became those genre spheres in which the scale of design and ideas were combined with reliance on typical, universally significant means of musical expression, the genesis of which often goes back to the spiritual and religious tradition. The empirical qualities of French musical culture are considered in the example of the poetry of the musical theater of G. Spontini, summarizing the cultural and historical realities of France of the era of the first empire, while the choral polonaises of O. Kozlovsky, which absorbed the sacred genesis and typology of edging, anthem and polonaise, become a sign-symbol of the Alexanderian Empire and its associated imperial court culture.

Die verstellte Exzellenz

The Dissimulated Excellence. Courtly Contradictions in Academic Application Procedures A standardized perfection is required from the perfect candidate in order to successfully compete for the best academic positions or scholarships. But what does excellence mean? This question will be examined in the article by means of the courtly literature of the Spanish Baroque. Courtly contradiction of any academic competition thus consists in presenting oneself as an excellence, which is considered inelegant and careless in terms of court culture, as it exaggerates one’s skills instead of critically examining them.

Islamic Da‘wah in the Malay Peninsula: Contributions of the Sayyids of Early Times

This article traces the stellar accomplishments of the Sayyids, as descendants of the Prophet Muhammad are known in the field of Islamic da‘wah. For the many Sayyids who excelled as torchbearers of Islam in the Malay world, propagating Islam was a lifetime vocation that passed without the stress that we find in the modern world. Their da‘wah efforts encompassed such diverse undertakings as employing business acumen in confronting the challenges of colonialism and Malay court culture, immersing themselves in native communities via intermarriages and adoption of local customs, and carving a niche for themselves in local and international politics as advisors and emissaries. At grassroots level, da‘wah for them was inseparable from daily chores and mundane affairs. That Western colonialism hardly made any impact in directly desacralizing the Malays is a tribute to the success of the Sayyids’ da‘wah efforts, which served as a buffer against the religious implications of colonial encroachment into autochthonous institutions and lifestyle. By looking at some examples of how the Sayyids interacted with local communities in selected regions of the Malay world, this article traces part of this glittering history of da‘wah in the easternmost parts of the Islamic commonwealth. Most importantly, the Malay world’s Islamization was distinguished by lack of violence and emphasis on educational progress more than anything else.

Plea Bargaining Changing Nordic Criminal Procedure: Sweden and Finland as Examples

A plea bargaining system is a novelty and originally a legal transplant in Northern European countries. It exists—in some form—for instance in Finland, Norway and Denmark, whereas in Sweden only the system of crown witnesses is likely to be introduced. In this chapter plea bargaining is put into the East-Nordic—Finnish and Swedish—contexts. How does plea bargaining fit into the East-Nordic court culture? Which ingredients does the contemporary legal culture consist of? In which way is court culture changing due to the new values in the society? Or are the amendments made primarily to reduce the costs of the state? Fairness, procedural justice, conflict resolution, negotiated law, pragmatically acceptable compromise, procedural truth, court service, communication and interaction are examples of the topics that are currently discussed in Finland and Sweden. At the same time, the use of written proceedings and proceedings in the absence of an accused are increasing. Is the plea bargaining system a step towards a more effective and economic criminal procedural system or is it mirroring new type of thinking concerning criminal proceedings? In this chapter, these elements are discussed. Finland is used as a main example. The Finnish situation is also compared with Sweden.

Culture and Mentality in East-Nordic Courts

In this chapter, the East-Nordic, that is Finnish and Swedish, court culture and mentality and its historical, cultural and societal roots are explored. The objective of the chapter is to uncover the mechanisms underlying the East-Nordic court mentality and the hallmarks of Swedish and Finnish court culture, as well as to identify how these processes influence adjudication. Emphasis is put on the historical development of these countries, since Finland was part of Sweden until 1809. After Finland became an autonomous Grand Dutchy of the Russian Empire, it suffered under Russification, whereas Sweden was still part of the western sphere. Even after Finland gained independence in 1917, the history of the two countries has differed to some extent. Therefore, it is interesting to explore the manner in which the differences in history are manifested in contemporary court proceedings. This study is based mainly on comparative and historical resources.

Mediation: A Change in Finnish Court Culture?

The topic of this chapter is court-connected mediation and how mediation has affected the court culture in civil cases in Finland. The focus is on the three following dimensions of the mediation system: on legislative, theoretical, and practical changes. The main normative change was the act that came into force in 2006. The new legislation led gradually to changes in practice as well. A significant amount of cases in the District Courts go to mediation today. The law defines judges also as mediators, and in practice many judges are trained and experienced mediators. Also, the theoretical framework for courts has expanded, since mediation theories constitute a relevant basis for the mediation process. The change in culture is also multidirectional. Not only has mediation moved into the legalistic court culture, but also the legal context affects mediation. Mediation has changed court culture by providing an alternative to court trial and it has brought new dimensions to the definition, role and function of courts of law.

The History of Nordic Legal Culture and Court Culture: The Story of What Should not Have Been, but Still Came to Be

The story of the making of a Nordic legal culture and court culture appears, at first glance, to be a story of what should not have been. Culture is about commonalities arising from common experiences. However, the similarities between the Nordic countries’ political history are limited, with no common institutions before the late nineteenth century, large language similarities but no common legal language, and—most importantly—no common legal procedure. Still, the natural conditions in the very north of Europe came to shape the political and legal systems in similar ways, stimulating the desire to create a Nordic legal culture in the second half of the nineteenth century, with the Nordic Meeting for Lawyers playing a crucial role. Hence, law in the Nordic countries shares several characteristics today: a strong legislative tradition and strong courts with lay participation, accessible legal language in legislation and court decisions and orality in legal procedure, a small number of legal professionals and a small and pragmatic legal science. These characteristics can be viewed as building blocks in an overarching characteristic of Nordic legal culture and court culture: dialogue.