In the essay “A Christian in the Office of Constitutional Judge,” Ernst-Wolfgang Böckenförde addresses the dilemma of the Catholic judge who is sworn to apply a secular constitution yet who confesses to a “spirituality [that] knows no separation between the personal-private and the occupational spheres.” Böckenförde faced that dilemma in the 1993 abortion decision of the German Constitutional Court, which—with Böckenförde voting with the majority—held that abortion, while still punishable, allowed exceptions subject to certain conditions and counselling requirements. In this essay, the author situates that issue within the nature of judicial power and the ethical duties of the judge; the jurisdictional constraints that in other jurisdictions are available to avoid normative conflicts; and, finally, the challenges to judicial power when called upon to validate laws that go beyond the traditional punitive approach that merely prohibits and condemns, and that instead use welfare measures to actualize substantive norms taking into account social and historical realities.

What is political about political refugeehood? Theorists have assumed that refugees are special because their specific predicament as those who are persecuted sets them aside from other “necessitous strangers.” Persecution is a special form of wrongful harm that marks the repudiation of a person's political membership and that cannot—contrary to certain other harms—be remedied where they are. It makes asylum necessary as a specific remedial institution. In this article, I argue that this is correct. Yet, the connection between political membership, its repudiation, and persecution is far from clear. Drawing on normative political thought and research on autocracies, repression, and migration studies, I show that it is political oppression that marks the repudiation of political membership and leads to various forms of repression that can equally not be remedied at home. A truly political account moves away from persecution and endorses political oppression as the normative pillar of refugeehood and asylum.

The article explores the political uses of the memory of the Popular Movement for the Liberation of Angola's (MPLA's) heroic combatant Hoji ya Henda from the independence of Angola in 1975 to recent times. Based on extensive archival work in Luanda, the article maps the historical periods and circumstances during which the ruling regime invoked Henda's memory, noting how changes in the political system directly affected how his memory permeated the public domain, oscillating between presence, silence, replacement, and resurgence. In doing so, the article explores a dilemma in the study of memory, opposing historical continuity and active construction in memory-making. It concludes that even when subjected to political manipulation for several decades, the original memorialisation of national heroes such as Hoji ya Henda, although subject to historical circumstance, always retains its original mnemonic signifier in society. This signals an important nuance in entrenched debates concerning the opposition between history and the political construction of memory.

This article is a case study on the Yunnanese scholar Li Yuanyang under the background of the Ming's incorporating and sinicizing Yunnan, exploring how he views the Ming's actions and writes Yunnan's becoming a part of China. First, it retells Li's life experiences and examines the Yunnan native things and Chinese traditions in his writings. Then, after noting his emphasis of Yunnan's belonging to China, it concentrates on his comments on the Ming's military campaigns. As it analyzes, on the one hand, he justifies these campaigns against indigenous rebellions, on the other hand, he also criticizes unnecessary wars and some imperial officials' selfish deeds. Besides, he considers the constructing and reconstructing projects as a symbol of the central state's righteous governance, which should also bring benefit and benevolence to the indigenes. In a word, Li's case reflects the deep impact of the Ming's invasion on the local elites, as well as how they react to this.

Ownership has been a key tool in the exploitation of nature for centuries. However, ownership could also shield natural entities from extraction and pollution if it were vested in them, rather than in humans or corporations. Through a case study of German constitutional property law, this article examines the normative content of this constitutional right. It argues that in owning themselves, natural entities would have numerous tools to fend off human interference with their self-determination. Constitutional property law would require any harmful activity affecting the natural entity to be based upon legislation and necessary to achieve a public purpose. The natural entity would enjoy broader access to justice. Courts would also often award appropriate remedies; where the natural entity would be awarded only compensation, this would be unsatisfactory because money cannot replace nature. The article finds that constitutional property law offers the potential for further protection from human interference, which has not been realized because of anthropocentric value judgments prevalent in German legal doctrine. Ecocentric approaches to ownership and invalidity as a standard remedy would play an important role in unlocking the full potential of ownership for environmental protection.

Typical headed relatives in English include a relative pronoun which takes the head as its antecedent. However, some modifying when-clauses in this language are peculiar relatives in that their heads are not the antecedent of when and they do not even have temporal referents. In view of the peculiarity of this type of relative clause, a novel account of the syntactic generation and interpretation of temporal when-clauses is pro- posed. Under this account four lexical entries of when, which have different semantic and syntactic properties, are recognized. The semantics of various whens are analyzed based on existing work, while the syntactic properties of different whens in non-interrogative sentences are characterized in the form of lexical information, which is implemented in the framework of Dynamic Syntax. The work in this article enriches the description of the diversity of relatives and suggests that the analysis of relatives can be unified semantically but not syntactically.

This multifactorial study reviews the determinants of particle alternation after uninflected try in varieties where English is native. The effects of a number of previously discussed and novel predictors are probed in data from well-known corpora. The results confirm the inclinations of North American varieties (try to) in contrast with those of the Australasian, British and Irish varieties (try and in speech but try to in writing). The previously reported general effects of the tense of try, mode and horror aequi are also corroborated. As regards the effect of register, the study contributes the finding that following Latin-based infinitives favor try to in most varieties, especially in writing. The article discusses the status of the substantiated effects with respect to the notions of conventionalization and entrenchment: crucially, the higher degree of conventionalization of try to in North American varieties (a) makes the use of this variant less conditional on the sequential need to license euphony and (b) neutralizes the general contextual/register distinction for the alternation. From a usage-based viewpoint, the findings suggest that the higher frequency of a multiword sequence in a specific variety, and the higher degree of activation in the language users’ minds, can make it less contingent on general probabilistic constraints.

Perfectionism is the view that what is intrinsically good is the fulfillment of human nature or the development and exercise of the characteristic human capacities. An important objection to the theory is what Gwen Bradford calls the “Deep Problem”: explaining why nature-fulfillment is good. We argue that situating perfectionism within a Thomistic metaethical framework and adopting Aquinas's account of the metaphysical “convertibility” of being and goodness gives us a solution to the Deep Problem. In short, the fulfillment of human nature consists in the actualization of human potentialities or fullness of human being, and because being is ultimately the same thing as goodness, the fulfillment of human nature is good. We show that Thomistic perfectionism meets the requirements for an answer to the Deep Problem, provides the best explanation possible for the goodness of nature fulfillment, and is a natural foundation for perfectionist theories of value.

Legal narratives about collective violence have given an outsized explanatory role to propaganda in conflicts such as the Rwandan genocide and the Yugoslav Wars. While post-conflict ethnographies have examined what Rwandans remember about propaganda and collective violence, similar studies have not been undertaken in territories of the former Yugoslavia. The present ethnographic study fills this gap. After introducing the theoretical and empirical problems that have stemmed from recent speech crime trials in international criminal law, I examine the causes of collective violence in the Yugoslav Wars as remembered by former combatants, survivors, and the greater populations of post-conflict regions in Bosnia-Herzegovina, Croatia, and Serbia. I show that remembered causes, including the role of propaganda, vary significantly between former combatants and the greater populations. Nevertheless, local perspectives, especially among former combatants and survivors, converge on the effects of populist movements following Yugoslavia’s economic crisis and the rise of ethnic, religious, and nationalist leaders who engaged in inflammatory rhetoric and misinformation to mobilize war efforts. This article thus corroborates key findings from other post-conflict ethnographies which show that propaganda plays a secondary but significant role in the cultural manufacturing of state-sponsored ethnicity and cultural logics of violence.

This article examines the reception of Shostakovich's symphonies in the Parisian press, from the late interwar period to the years immediately following the Second World War. In doing so, it continues the conversation around international responses to Shostakovich's music in the twentieth century, adding a consideration of the composer's symphonies in France from 1936 to 1946 to the existing literature on Shostakovich reception in the United States, Britain, and Germany. By interrogating the commentary of Parisian critics and music writers during this period, the article reveals how the reception of Shostakovich's symphonies in Paris reflects the rising and falling influence of the French Communist Party, and offers a novel way to view the shifts in Franco-Soviet relations either side of the Second World War.