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The Oberammergau Passion Play – arguably the largest and longest-running Passion Play tradition in the world – depicts Jesus’ arrest, conviction and crucifixion at a spellbinding scale. It has also been at the centre of a controversy regarding its historic antisemitism and its efforts to reform, having engaged a director with a zeal for radically changing it. However, this article, informed by a large ethnographic study, argues that the feud that engulfed the town for decades – with reformers and traditionalists at loggerheads – has now abated. The 2022 Passion Play was made almost entirely by pro-reform locals, with traditionalists now outnumbered and sidelined, due to both their own choices and intentional exclusion by those at the helm. What remains of the feud has now changed shape, focusing not on the changes to the play but on the leadership style of the director.
This article examines how practice-based researchers in a transcontinental intensive residency transformed their practice and developed their skills through composing digital scores. Four researchers from an Australian university undertook an intensive residency in Hamburg, focused on creating and performing new digital scores. An analytical study of this residency was conducted, centred around each researcher's connection to the materials, experiences of flow, changes in digital musicianship and transformations. The study revealed both challenges and illuminating experiences for the researchers. Each composition went through significant changes during, before and after the transcontinental project, resulting in changes to the digital scores, directions for interpretation and the researchers’ established artistic practices. Exposure to new environments and facilities allowed them to develop fresh approaches to collaboration and technology. Engaging with digital scores led to new skills being developed and new collaborative projects with each other and international musicians. The intensive and transcontinental nature of the project resulted in significant developments to the skills and approaches of the four researchers.
Let $h : \mathbb{R}^2 \to \mathbb{R}^2$ be an orientation preserving homeomorphism of the plane. For any bounded orbit $\mathcal{O}(x)=\{h^n(x):n\in\mathbb{Z}\}$ there exists a fixed point $p\in\mathbb{R}^2$ of h linked to $\mathcal{O}(x)$ in the sense of Gambaudo: one cannot find a Jordan curve $C\subseteq\mathbb{R}^2$ around $\mathcal{O}(x)$, separating it from p, that is isotopic to h(C) in $\mathbb{R}^2\setminus\left(\mathcal{O}(x)\cup\{p\}\right)$.
Cross-border contracts often contain a clause which purports to reflect the parties’ intention regarding how disputes arising from their agreement should be resolved. Some such contracts might feature a “jurisdiction clause”, thus signifying the parties’ wish to subject their disputes to litigation before the courts in a specific state. Others may include an “arbitration clause”, meaning that claims arising from the contract should be subjected to an arbitral hearing. More unusual are cases in which the parties have included a jurisdiction and an arbitration clause in the same cross-border contract. This article seeks to assess English law’s approach to determining the parties’ preferred mode of dispute resolution in these more difficult cases. As it seeks to demonstrate, the current practice in this area is not always easy to defend. The article advances an alternative basis for determining which of the two competing clauses should prevail.
Marine war risk insurance fundamentally contemplates casualties caused by international conflict. Curiously, however, standard clauses also exclude cover and automatically terminate war risk policies in the event of an outbreak of war between a select group of historically powerful States: China, France, the United Kingdom, the United States and Russia. This article aims to demystify the origins of this five-powers clause and evaluate its prospective application through the lens of an emerging breed of confrontation among the world's major powers.
One commendable aspect of the ruminations by H.L.A Hart on legal positivism, which quite a few contemporary philosophers of law have not fully absorbed, is that he recognised the diversity of the points of contention that have pitted the devotees of positivism against the devotees of natural-law theories. Whereas some present-day philosophers of law are inclined to refer to “the separability thesis” of legal positivism – with the definite article “the” as a signal that there is one defining point of dispute between legal positivists and their opponents – Hart knew that there is no single such thesis. Natural-law theorists have in fact postulated numerous connections between law and morality which putatively clinch the character of law as an inherently moral phenomenon, and legal positivists have posed challenges to each of those connections or to the claim that any unchallenged connection serves to establish the inherently moral character of law.
Parents’ discrimination against their children is lawful. But the family, as an institution in which social goods are allocated, is as significant as the sites in which anti-discrimination law operates. At least prima facie, therefore, parents should be governed by legal prohibitions on discrimination. While state incursion into family life poses a threat to children’s autonomy, so does parental discrimination against children. Anti-discrimination law therefore needs new institutions to promote the values of non-discrimination in a part of society that currently sits outside anti-discrimination law’s reach. We identify existing regimes that may provide a starting point for this work.
Since the 1960s sign languages have been identified as natural human languages and conceived of as a key feature of Deaf culture and identity. Eschewing the notion of disability, deaf advocacy organisations have connected the use of sign language to linguistic and cultural rights. Despite the clear preference of deaf advocates, the legal protection of sign languages remains uneven and somewhat difficult to grasp, being situated at the intersection of disability rights and linguistic rights. Few attempts have been made to identify the extent to which sign languages are recognised and enshrined within domestic legal systems. This article aims to propose a novel taxonomy that focuses on the normative conceptualisation of sign language and deaf people in national legislation. Based on a comparative analysis and focusing on European Union Member States, it identifies three main approaches: an explicit ‘minority’ approach—ie the express recognition of deaf persons as a linguistic minority; a more nuanced ‘cultural approach’—which acknowledges sign language as autonomous language and provides for promotional measures; and a ‘disability’ approach—which mandates and/or promotes the use of sign language primarily as an accessibility measure.
This Article reinterprets the 1976 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques (ENMOD) to show how it might rationally strengthen protections for the environment against intentional damage by states, particularly during armed conflict. The Article applies the orthodox rules of treaty interpretation to analyze in depth the Convention text, the travaux préparatoires, and available subsequent state practice, aiming to determine how the somewhat opaque Article II of ENMOD and its definition of “environmental modification technique” is best understood. It concludes that ENMOD has a broader potential application than it has historically been given.
In the subsection “Grammar of Eros (The Language of Love)” in section 2 of book 2 of The Star of Redemption, the beating heart of the work, Franz Rosenzweig offers a peculiar portrait of the event of revelation. What is presented is a dramatization of the encounter between the loving God and the beloved human soul, a developing scene consisting of a series of utterances and experiences, many of which appear unwarranted. Why does Rosenzweig present revelation in this manner? This article seeks to explain the seemingly arbitrary twists and turns in the dramatized “plot” through which Rosenzweig depicts revelation by demonstrating that it follows in its main features the prevalent Protestant understanding of revelation as encompassing not only divine self-disclosure but also the discovery of sin, confession, forgiveness of sin, reconciliation, attainment of selfhood, and redemption, and is framed according to the directives of the Lutheran foundational principle of “at once a sinner and justified (Simul Justus et Peccator). In so doing, it exhibits Rosenzweig’s deep embeddedness in the Protestant theological discourse of his time and shows that The Star should be understood in light of the contemporary Protestant theology.
On the orthodox account of the private law compensatory principle, the claimant is compensated for the loss that they actually suffered because of the defendant’s wrong. Although the principle has various exceptions, it is widely accepted in both case law and academic commentary. We argue that it is nevertheless flawed, both doctrinally and theoretically. Claimants are never really compensated for their actual loss, and, contrary to popular belief, leading theoretical accounts of private law compensation (corrective justice and the continuity thesis) suggest that a principle of compensation for actual loss is not desirable in any event.
Quarter-tones have the dubious honour of being the microtonal default in Western art music, yet they have been of little recent interest to those most involved with extended intonation. Other microtonal equal divisions have appealed as pragmatic approximations of consonant just-intonation intervals, something that quarter-tones do not offer. This article proposes that quarter-tones can be valued in a different way, for their ability to generate symmetrical harmonic resources that divide the fourth and fifth as the tritone does the octave. These resources are offered as examples of a broader aesthetic of symmetry, which is contrasted with an aesthetic of proportion. These antagonistic principles are explored through the case of the ever problematic tritone, illustrating how proportion and symmetry are best understood using the symbolic resources of just intonation and equal temperament respectively. Drawing on the work of Robert Hasegawa, Georg Friedrich Haas and Ivan Wyschnegradsky, the article argues for a hybrid approach that embraces both just intonation and equal temperament.
This article reconsiders the classed and gendered construction of the Author in the Roman Mediterranean, a construction that generates the intertwined notions of authorship and authenticity. Modern scholarly conversations about authorship and pseudepigraphy in the Roman Mediterranean often proceed from the uninterrogated assumptions that (a) ancient texts (including early Christian texts) were the monographic products of solitary authors and (b) everyone in antiquity, regardless of gender or class, had access to the status of being an ‘Author’. While conversations about (in)authentic textual production extend beyond the works that become part of the New Testament, these twin assumptions form the basis for modern debates about ‘forgery’ in New Testament literature. This article challenges both assumptions by first surveying the role of uncredited collaboration in Roman literary culture and then analysing ancient Christian discourses surrounding (a) illicit textual meddling and (b) inappropriate textual ascription. These two discursive categories reveal how the categories of class and gender are entangled with early Christian ideas of the Author. Ancient discourses of authenticity and authorship were not simply about who produced texts but about policing which acts of textual production count as ‘authoring’.