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Articles 1 - 30 of 93

Full-Text Articles in Philosophy

Editor's Introduction To "Legal Worlds And Legal Encounters" -- Open Access, Elizabeth Lambourn Dec 2016

Editor's Introduction To "Legal Worlds And Legal Encounters" -- Open Access, Elizabeth Lambourn

The Medieval Globe

This introduction presents and draws together the articles and themes featured in this special issue of The Medieval Globe, “Legal Worlds and Legal Encounters.”


The Medieval Globe 2.2 (2016) Dec 2016

The Medieval Globe 2.2 (2016)

The Medieval Globe

No abstract provided.


The Future Of Aztec Law, Jerome A. Offner Dec 2016

The Future Of Aztec Law, Jerome A. Offner

The Medieval Globe

This article models a methodology for recovering the substance and nature of the Aztec legal tradition by interrogating reports of precontact indigenous behavior in the works of early colonial ethnographers, as well as in pictorial manuscripts and their accompanying oral performances. It calls for a new, richly recontextualized approach to the study of a medieval civilization whose sophisticated legal and jurisprudential practices have been fundamentally obscured by a long process of decontextualization and the anachronistic applications of modern Western paradigms.


Land And Tenure In Early Colonial Peru: Individualizing The Sapci, "That Which Is Common To All", Susan E. Ramirez Dec 2016

Land And Tenure In Early Colonial Peru: Individualizing The Sapci, "That Which Is Common To All", Susan E. Ramirez

The Medieval Globe

This article compares and contrasts pre-Columbian indigenous customary law regarding land possession and use with the legal norms and concepts gradually imposed and implemented by the Spanish colonial state in the Viceroyalty of Peru in the sixteenth and early seventeenth centuries. Natives accepted oral histories of possession going back as many as ten generations as proof of a claim to land. Indigenous custom also provided that a family could claim as much land as it could use for as long as it could use it: labor established rights of possession and use. The Spanish introduced the concept of private property ...


The Edict Of King Gälawdéwos Against The Illegal Slave Trade In Christians: Ethiopia, 1548 -- Featured Source, Habtamu M. Tegegne Dec 2016

The Edict Of King Gälawdéwos Against The Illegal Slave Trade In Christians: Ethiopia, 1548 -- Featured Source, Habtamu M. Tegegne

The Medieval Globe

This study explores the relationship between documentary-legal prescriptions of slavery and actual practice in late medieval Ethiopia. It does so in light of a newly discovered edict against the enslavement of freeborn Christians and the commercial sale of Christians to non-Christian owners, issued in 1548 by King Gälawdéwos. It demonstrates that this edict emerged from a dramatic and violent encounter between the neighboring Sultanate of Adal, which was supported by Muslim powers, and the Christian kingdom of Ethiopia, which had the support of expanding European powers in the region. The edict was therefore issued to reaffirm and clarify the principles ...


Common Threads: A Reappraisal Of Medieval European Sumptuary Law, Laurel Wilson Dec 2016

Common Threads: A Reappraisal Of Medieval European Sumptuary Law, Laurel Wilson

The Medieval Globe

Medieval sumptuary law has been receiving renewed scholarly attention in recent decades. But sumptuary laws, despite their ubiquity, have rarely been considered comprehensively and comparatively. This essay calls attention to this problem and suggests a number of topics for investigation, with specific reference to the first phase of European sumptuary legislation in the thirteenth and fourteenth centuries. It argues that comparative study demonstrates that this chronology closely parallels the development of the so-called “Western fashion system” and that the ubiquity of sketchy or nonexistent enforcement is evidence for the symbolic importance of sumptuary legislation, rather than its instrumentality. Comparison across ...


Toward A History Of Documents In Medieval India: The Encounter Of Scholasticism And Regional Law In The Smṛticandrikā, Donald R. Davis Jr. Dec 2016

Toward A History Of Documents In Medieval India: The Encounter Of Scholasticism And Regional Law In The Smṛticandrikā, Donald R. Davis Jr.

The Medieval Globe

In order to understand the legal use and significance of documents in medieval India, we need to start from the contemporaneous legal categories found in the Sanskrit scholastic corpus called dharmaśāstra. By comparing these categories with actual historical documents and inscriptions, we gain better insight into the encounter of pan-Indian legal discourse in Sanskrit and regional laws in vernacular languages. The points of congruence and transgression in this encounter will facilitate a nuanced history of documents and their use beyond unhelpfully broad categories of written and oral. A new translation of one major scholastic discussion of documents is presented as ...


Chinese Porcelain And The Material Taxonomies Of Medieval Rabbinic Law: Encounters With Disruptive Substances In Twelfth-Century Yemen, Elizabeth Lambourn, Phillip I. Ackerman-Lieberman Dec 2016

Chinese Porcelain And The Material Taxonomies Of Medieval Rabbinic Law: Encounters With Disruptive Substances In Twelfth-Century Yemen, Elizabeth Lambourn, Phillip I. Ackerman-Lieberman

The Medieval Globe

This article focuses on a set of legal questions about ṣīnī vessels (literally, “Chinese” vessels) sent from the Jewish community in Aden to Fustat (Old Cairo) in the mid-1130s CE and now preserved among the Cairo Geniza holdings in Cambridge University Library. This is the earliest dated and localized query about the status of ṣīnī vessels with respect to the Jewish law of vessels used for food consumption. Our analysis of these queries suggests that their phrasing and timing can be linked to the contemporaneous appearance in the Yemen of a new type of Chinese ceramic ware, qingbai, which confounded ...


Mutilation And The Law In Early Medieval Europe And India: A Comparative Study -- Open Access, Patricia E. Skinner Dec 2016

Mutilation And The Law In Early Medieval Europe And India: A Comparative Study -- Open Access, Patricia E. Skinner

The Medieval Globe

This essay examines the similarities and differences between legal and other precepts outlining corporal punishment in ancient and medieval Indian and early medieval European laws. Responding to Susan Reynolds’s call for such comparisons, it begins by outlining the challenges in doing so. Primarily, the fragmented political landscape of both regions, where multiple rulers and spheres of authority existed side-by-side, make a direct comparison complex. Moreover, the time slippage between what scholarship understands to be the “early medieval” period in each region needs to be taken into account, particularly given the persistence of some provisions and the adapatation or abandonment ...


Rationality, Parapsychology, And Artificial Intelligence In Military And Intelligence Research By The United States Government In The Cold War, Guy M. Lomeo Dec 2016

Rationality, Parapsychology, And Artificial Intelligence In Military And Intelligence Research By The United States Government In The Cold War, Guy M. Lomeo

School of Arts & Sciences Theses

A study analyzing the roles of rationality, parapsychology, and artificial intelligence in military and intelligence research by the United States Government in the Cold War. An examination of the methodology behind the decisions to pursue research in two fields that were initially considered irrational.


History In Collaboration: Equalizing The Arts And The Humanities In San Francisco, Nicole C. Meldahl Dec 2016

History In Collaboration: Equalizing The Arts And The Humanities In San Francisco, Nicole C. Meldahl

Master's Projects and Capstones

Historically, there has been a critical imbalance in the way history and preservation organizations are civically supported in comparison with the amount of funding that is available to arts organizations in the United States. To correct this imbalance in San Francisco, I propose the creation of a San Francisco Department of Culture that would place the San Francisco Arts Commission equally alongside a San Francisco History Commission within a department that absorbs responsibilities currently managed by other divisions with in city government, such as the Planning Department and the Office and Economic and Workforce Development. City government necessarily takes time ...


The Poet And The Polemist: Demystifying The Natural Law Theory Of John Milton, John J. Mazola Dec 2016

The Poet And The Polemist: Demystifying The Natural Law Theory Of John Milton, John J. Mazola

School of Arts & Sciences Theses

A summation of the influences behind Milton's Natural Law theory as found in the works of Aristotle, Grotius, Hobbes, and Thomas Aquinas. The essay's intent is to uncover this important thread that runs through both Milton's Poetic Verse as well as his Polemic tracts.


The Moroccan Jurist Al-Khamlīshī: Can A Woman Become A Legislator (Mujtahid)?, Nayel A. Badareen Nov 2016

The Moroccan Jurist Al-Khamlīshī: Can A Woman Become A Legislator (Mujtahid)?, Nayel A. Badareen

Journal of Islamic and Middle Eastern Multidisciplinary Studies

The idea of deducing legal rulings in Islamic law, or ijtihād, as well as the qualifications of the person who practices ijtihād, known as the mujtahid, has been a complex issue among Muslim ʿulamāʾ for centuries. Many Muslim ʿulamāʾ and Western scholars have maintained that the gate of ijtihād was closed. The title of mujtahid was therefore impossible to attain. The Moroccan intellectual al-Khamlīshī maintains that the strenuous conditions put forth by some of the Sunni jurists to qualify an individual to become a mujtahid actually contributed to the demise of ijtihād. These qualifications, according to al-Khamlīshī, were proven to ...


Vaclav Havel, Jan Patocka: The Powerless And The Shaken, Daniel Brennan Oct 2016

Vaclav Havel, Jan Patocka: The Powerless And The Shaken, Daniel Brennan

Daniel Brennan

This article makes a case for considering Vaclav Havel's political theory of the nature of dissent as more politically grounded than that of his mentor fan Patoka. Against the criticism of Havel, which describes him as a less rigorous repeater of Patocka's ideas, this paper demonstrates how Havel appropriated Patocka's idea that the dissident is, similarly to a World War I trench soldier, fighting in a contemporary front in a demobilized war. However I argue that in Havel's thought, the understanding of dissent takes on a more practical and useful complexion than that of Patocka. This ...


Legislative Art As Policy And Pedagogy, Albert Stabler Oct 2016

Legislative Art As Policy And Pedagogy, Albert Stabler

Marilyn Zurmuehlen Working Papers in Art Education

The primary medium for artist Laurie Jo Reynolds is that of political lobbying. She refers to her practice as “legislative art,” adapting the term “legislative theater,” a technique for grassroots lawmaking developed and coined by Brazilian director and playwright Augusto Boal, who both founded the Theater of the Oppressed and served as a member of the Rio city government from 1993 to 1997. By linking the discourses of art and law, Reynolds’ practice can be understood as a form of education, highlighting the restrictions required for creativity, and the possibilities afforded by structure. In my essay I bring together European ...


The French Revolution In The French-Algerian War (1954-1962): Historical Analogy And The Limits Of French Historical Reason, Timothy Scott Johnson Sep 2016

The French Revolution In The French-Algerian War (1954-1962): Historical Analogy And The Limits Of French Historical Reason, Timothy Scott Johnson

All Dissertations, Theses, and Capstone Projects

This dissertation examines the use of the French Revolution as an explanatory device for discussing the French-Algerian War (1954-1962). Anticolonial intellectuals in France invoked the French Revolution to explain their reasons for supporting colonial reform as well as their solidarity with Algerian nationalist aims. Through an examination of intellectuals’ public interventions alongside French and Algerian historical narratives, I examine the ways in which historical alignment signaled political and cultural distance between France and Algeria. Making an independent Algeria analogous to eighteenth-century revolutionary France lent political and conceptual legitimacy to Algerian claims to an independent national identity while also reinforcing the ...


Contributors To Indian Catholicism: Interventions And Imaginings, Mathew Schmalz Sep 2016

Contributors To Indian Catholicism: Interventions And Imaginings, Mathew Schmalz

Journal of Global Catholicism

Contributors to Indian Catholicism: Interventions and Imaginings, the inaugural issue of the Journal of Global Catholicism.


The Tying Of The Ceremonial Wedding Thread: A Feminist Analysis Of “Ritual” And “Tradition” Among Syro-Malabar Catholics In India, Sonja Thomas Sep 2016

The Tying Of The Ceremonial Wedding Thread: A Feminist Analysis Of “Ritual” And “Tradition” Among Syro-Malabar Catholics In India, Sonja Thomas

Journal of Global Catholicism

This article presents a feminist analysis of patriarchy persisting in Catholicism of the Syro-Malabar rite in Kerala. The article specifically considers the impact of charismatic Catholicism on women of the Syro-Malabar rite and argues that it is important to interrogate this new face of religiosity in order to fully understand how certain rituals are allowed to change and be fluid, while others, especially concerning female sexuality, are enshrined as “tradition” which often restricts the parameters for women’s empowerment and may reinforce caste and patriarchal hegemonies preventing feminist solidarity across different religious- and caste-based groups.


Dalit Catholic Home Shrines In A North Indian Village, Mathew Schmalz Sep 2016

Dalit Catholic Home Shrines In A North Indian Village, Mathew Schmalz

Journal of Global Catholicism

This article examines three Catholic home shrines in a Dalit community in North Indian and argues that it is misleading to think that home shrines and other collections of material objects are somehow static conveyors of meaning. “Meaning” can mean many things or nothing at all, depending upon the terms we are using and the scholarly methods we deploy. The crucial aspect of Dalit Catholic home shrines is that they are literally open to interpretation and reinterpretation, to touching and being touched. Their significance—their meaning—depends not on decoding their structure or symbolic logic, but interacting with them as ...


The Grace Of God And The Travails Of Contemporary Indian Catholicism, Kerry P. C. San Chirico Sep 2016

The Grace Of God And The Travails Of Contemporary Indian Catholicism, Kerry P. C. San Chirico

Journal of Global Catholicism

This essay discusses the challenges faced by Indian Catholicism, particularly as it seeks to adapt to and in contemporary, post-colonial India through the process or program of what is called inculturation, a self-conscious program of adaptation to Indian religion and culture. Since Indian Catholicism is constituted by so many irreducible persons-in-relation, the article focuses on the life of the Catholic priest, Swami Ishwar Prasad in whose life we may chart something of the inculturation movement and the Catholic tradition as it is found in North India region, in one rather long and rich lifetime connecting two centuries. The article seeks ...


In Continuity With The Past: Indigenous Environmentalism And Indian Christian Visions Of Flora, James Ponniah Sep 2016

In Continuity With The Past: Indigenous Environmentalism And Indian Christian Visions Of Flora, James Ponniah

Journal of Global Catholicism

This article considers whether Indian Christianity can be said to have a distinctive ecological vision. The first two parts of the article examine Christian environmentalism in two native forms of Indian Christianity: Tamil Christianity and Tribal Christianity. Continuing with the theme of conformity to the local culture—though of the elite—the third part of the article investigates how Christian Ashrams function as dynamic centers for ecological praxis. The last part of the article considers how contemporary Indian Christian communities can respond to the ecological challenges confronting them.


Antoniyar Kōvil: Hindu-Catholic Identity At The St. Anthony Shrine In St. Mary’S Co-Cathedral, Chennai, Pj Johnston Sep 2016

Antoniyar Kōvil: Hindu-Catholic Identity At The St. Anthony Shrine In St. Mary’S Co-Cathedral, Chennai, Pj Johnston

Journal of Global Catholicism

This article combines ethnographic description of the practices of Hindu and Christian visitors of the St. Antony Shrine in Chennai with the observation that this material cannot be understood using the standard world religions paradigm that essentializes Christianity as exclusivistic. Drawing upon the visual and material culture of the shrine in light of premodern and Vatican II templates for inculturation and the negotiation of religious difference, the article highlights overlap between Tamil Hinduism and the Tamil Popular Catholicism of the site to argue that the beliefs and practices documented should inform descriptive and normative accounts of Catholic Christianity. Because Tamil ...


How Civility Works, Keith Bybee Sep 2016

How Civility Works, Keith Bybee

Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University

Is civility dead? Americans ask this question every election season, but their concern is hardly limited to political campaigns. Doubts about civility regularly arise in just about every aspect of American public life. Rudeness runs rampant. Our news media is saturated with aggressive bluster and vitriol. Our digital platforms teem with expressions of disrespect and trolls. Reflecting these conditions, surveys show that a significant majority of Americans believe we are living in an age of unusual anger and discord. Everywhere we look, there seems to be conflict and hostility, with shared respect and consideration nowhere to be found. In a ...


Pharaonic Occultism: The Relationship Of Esotericism And Egyptology, 1875-1930, Kevin Todd Mclaren Sep 2016

Pharaonic Occultism: The Relationship Of Esotericism And Egyptology, 1875-1930, Kevin Todd Mclaren

Master's Theses and Project Reports

The purpose of this work is to explore the interactions between occultism and scholarly Egyptology from 1875 to 1930. Within this timeframe, numerous esoteric groups formed that centered their ideologies on conceptions of ancient Egyptian knowledge. In order to legitimize their belief systems based on ancient Egyptian wisdom, esotericists attempted to become authoritative figures on Egypt. This process heavily impacted Western intellectualism not only because occult conceptions of Egypt became increasingly popular, but also because esotericists intruded into academia or attempted to overshadow it. In turn, esotericists and Egyptologists both utilized the influx of new information from Egyptological studies to ...


Serving The Public First: Archives 2.0, Matthew D. Laroche Aug 2016

Serving The Public First: Archives 2.0, Matthew D. Laroche

The Gettysburg Compiler: On the Front Lines of History

The hallmarks of contemporary archival philosophy, known casually as “Archives 2.0,” have everything to do with making archives open, attractive resources for researchers of all persuasions. These rotate around a few main assertions. First, that archivists should endeavor to make their repositories as attractive as possible to users—this means offering friendly, all-inclusive access, being responsive to user desires, being tech-savvy, and leaving some discovery and processing of collections to the researcher. Secondly, modern archiving stresses accessibility—having a standardized way of organizing collections that will be easily understood by visiting researchers, utilizing language familiar to average people for ...


Imagine No Religion: How Modern Abstractions Hide Ancient Realities [Table Of Contents], Carlin A. Barton, Daniel Boyarin Aug 2016

Imagine No Religion: How Modern Abstractions Hide Ancient Realities [Table Of Contents], Carlin A. Barton, Daniel Boyarin

Religion

“A timely contribution to a growing and important conversation about the inadequacy of our common category ‘religion’ for the understanding of many practices, attitudes, emotions, and beliefs—especially of peoples in other times and contexts—that we usually classify as ‘religion.’” —Wayne A. Meeks, Yale University


Troubles At Coal Creek: Rhetorics Of Writing, Research, And The Archive, Sumner Stevenson Brown Aug 2016

Troubles At Coal Creek: Rhetorics Of Writing, Research, And The Archive, Sumner Stevenson Brown

Masters Theses

Digging through the past can uncover painful truths. As such, historiography that does not acknowledge negotiated spaces, cultural erasures, and flexible frameworks may fall short. It may limit both breadth and depth of the past, thereby (re)producing erasures, whereas a reflexive theoretical framework delivers not only depth and breadth, but it also adds texture and dimension to historical writing and research processes. It is for these purposes that the value of alternative methodologies is not situated at the margins of the rhetorical canons. Instead, it is embedded in the very core of the canons, defined as an element that ...


Introduction: Teaching A Gendered World, Karen Sotiropoulos Jul 2016

Introduction: Teaching A Gendered World, Karen Sotiropoulos

Karen Sotiropoulos

Introduces some essays about infusing gender and women's history in teaching world history.


Introduction: Teaching A Gendered World, Karen Sotiropoulos Jul 2016

Introduction: Teaching A Gendered World, Karen Sotiropoulos

Karen Sotiropoulos

Introduces some essays about infusing gender and women's history in teaching world history.


The Ethics Of Reparations For Slavery, Kyla A. Jermin Jul 2016

The Ethics Of Reparations For Slavery, Kyla A. Jermin

Philosophy Summer Fellows

Reparations has always been a lingering topic in American history – one that is heavily discussed, but never quite put into action. Though there are many who agree that payment is owed for slavery, or that a crime was committed, they are often dissuaded by various issues, or by the idea that reparations are “too divisive” and would encourage racial dissension. In my project, I address these arguments, and establish a case for reparations and the ethical responsibility behind it. My project explores themes of duty, responsibility, and compensation for wrongdoing as applied to the American slave trade. In this project ...