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2016

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Articles 1 - 30 of 178

Full-Text Articles in Philosophy

Book Review: The Question Of The Animal And Religion: Theoretical Stakes, Practical Implications, A. G. Holdier Dec 2016

Book Review: The Question Of The Animal And Religion: Theoretical Stakes, Practical Implications, A. G. Holdier

Between the Species

No abstract provided.


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 ...


The Moral Implications Of Software Piracy, Kyle Hamrick Dec 2016

The Moral Implications Of Software Piracy, Kyle Hamrick

Student Scholarship - Computer Science

Computer software is integrated into almost every aspect of our professional and personal lives. Much of this software requires payment for use and is legally protected by the copyright system. This paper examines and analyzes the arguments pertaining to the moral use of protected software (digital piracy). The three arguments presented are the “victimless crime” argument, the “noble justification” argument, and the “willing but unable argument.” These three arguments claim that piracy is morally justified in certain cases, and claim that software providers are not harmed in such situations. The three arguments are tested against counter-arguments, and it is discovered ...


Toward A Theory Of Civil Disobedience, Paul J. Weber, S.J. Dec 2016

Toward A Theory Of Civil Disobedience, Paul J. Weber, S.J.

The Catholic Lawyer

No abstract provided.


A Phenomenological Inquiry Into Sacred Time In Hinduism, Netty Provost Dec 2016

A Phenomenological Inquiry Into Sacred Time In Hinduism, Netty Provost

Open Access Dissertations

In this work, I examine the nature of sacred time in religious experience. Applying the methodology of phenomenology of religion, I inspect the ways in which human beings experience sacred time in Hinduism and present an argument against Mircea Eliade’s understanding of the nature of sacred time in Hinduism. Eliade asserted that all sacred time in Hinduism is fundamentally circular in nature and that the experience of sacred time is an experience of the original act of creation being made consciously present to the individual.

I will scrutinize Eliade’s arguments on two fronts. Firstly, I argue against Eliade ...


A Dollar A Day: Child Sponsorship And The Marketization Of Human Development, Taylor Hallett Dec 2016

A Dollar A Day: Child Sponsorship And The Marketization Of Human Development, Taylor Hallett

Capstone Collection

Child sponsorship as a method of international development offers child sponsors a personal connection to the process of alleviating poverty in the global South. As a form of human development, child sponsorship is constituted by neoliberal principles of marketization and social entrepreneurship. How does child sponsorship, in this context, require us to rethink the ethics of international development in light of ongoing debates about neoliberalism? In this research, I argue that child sponsorship reifies the binary of the “developed” and “undeveloped” worlds. Through undertaking a content analysis of three organizations (Compassion International, World Vision, and UNICEF) and applying post-structural critique ...


Open-Mindedness As A Christian Virtue?, Jason Baehr Nov 2016

Open-Mindedness As A Christian Virtue?, Jason Baehr

Jason Baehr

No abstract provided.


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 ...


Expanding The Debate: How Can Social Justice And Lasallian Priorities Influence The Electoral Process?, Rosemary Barbera Phd, Ernest Miller Fsc, D. Min. Oct 2016

Expanding The Debate: How Can Social Justice And Lasallian Priorities Influence The Electoral Process?, Rosemary Barbera Phd, Ernest Miller Fsc, D. Min.

Explorer Café

No abstract provided.


Zen Noir Vis-À-Vis Myers-Briggs Personality Typology: Semiotic Multivalency As Grounds For Dialog, Edward J. Godfrey Oct 2016

Zen Noir Vis-À-Vis Myers-Briggs Personality Typology: Semiotic Multivalency As Grounds For Dialog, Edward J. Godfrey

Journal of Religion & Film

Marc Rosenbush’s film, Zen Noir (2004) is at first glance a Buddhist film wherein a troubled detective finds himself at a Zen temple with a murder to solve. But upon further investigation, it becomes evident that the film can also be understood in terms of Myers-Briggs personality typology, which is an extension of the personology and depth psychology of C.G. Jung. This suggests a multivalency which allows the imagery of the film to be interpreted in two different ways; as both suggesting Zen enlightenment and Jungian individuation. To assist with this comparison, this paper introduces the Ten Ox-Herding ...


Six Ways Of Looking At Anomalisa, David L. Smith Oct 2016

Six Ways Of Looking At Anomalisa, David L. Smith

Journal of Religion & Film

Anomalisa is a parable about the nature of human fulfilment that explores the tension between other-worldly desire (the conviction that real life must be “elsewhere”) and the kind of fulfilment that comes from a more transparent relationship to things as they are. The film explores this religious theme not only through its story, but through the way the story comments on its own embodiment as a puppet show—a work of stop-motion animation. In this paper, I try to tease out the film’s complex reflections on the real and the artificial (in particular, on the ways that a desire ...


Angel Of Whom?, Garrett Bullock Oct 2016

Angel Of Whom?, Garrett Bullock

CIE Essay Writing Contest

No abstract provided.


The Repercussions Of Having A Body, James Harkness Oct 2016

The Repercussions Of Having A Body, James Harkness

CIE Essay Writing Contest

No abstract provided.


Living Within The Sacred Tension: Paradox And Its Significance For Christian Existence In The Thought Of Søren Kierkegaard, Matthew Thomas Nowachek Oct 2016

Living Within The Sacred Tension: Paradox And Its Significance For Christian Existence In The Thought Of Søren Kierkegaard, Matthew Thomas Nowachek

Dissertations (2009 -)

This dissertation presents an in-depth investigation into the notion of paradox and its significance for Christian existence in the thought of the Danish philosopher and theologian Søren Kierkegaard. The primary aim of the study is to explore and to develop various expressions of paradox in Kierkegaard’s authorship in order to demonstrate the manner by which Kierkegaard employs paradox as a means of challenging his Christendom contemporaries to exist as authentic Christians, and more specifically to enter into the existential state I am identifying in this project as living within the sacred tension. With this aim in mind, I begin ...


Perceived Patient Control Over Personal Health Information In The Presence Of Context-Specific Concerns, Prabhashi A. Nanayakkara Oct 2016

Perceived Patient Control Over Personal Health Information In The Presence Of Context-Specific Concerns, Prabhashi A. Nanayakkara

Doctoral Dissertations

Information privacy issues have plagued the world of electronic media since its inception. This research focused mainly on factors that increase or decrease perceived patient control over personal health information (CTL) in the presence of context-specific concerns. Control agency theory was used for the paper's theoretical contributions. Personal and proxy control agencies acted as the independent variables, and context-specific concerns for information privacy (CFIP) were used as the moderator between proxy control agency, healthcare provider, and CTL. Demographic data and three control variables— the desire for information control, privacy experience, and trust propensity—were also included in the model ...


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 ...


Mental Disease And Criminal Responsibility, Joseph T. Tinnelly, C.M. Sep 2016

Mental Disease And Criminal Responsibility, Joseph T. Tinnelly, C.M.

The Catholic Lawyer

No abstract provided.